Our Langley ICBC accident personal injury and car accident injury legal team is focused on maximizing the recovery of our Langley clients, both physically and monetarily. We will meet with you immediately after the accident to ensure you get the largest financial settlement possible. Call us at 604-576-5400 before meeting with ICBC if you have suffered a Langley ICBC Accident Personal Injury.
Our Surrey and Langley ICBC personal injury lawyer law offices are located at across from Brown’s Social at the corner of 152nd and 56th Avenue in South Surrey BC.
The Cost of Future Care In A Langley ICBC Accident Personal Injury Can Be A Huge
The ICBC injury victim in a recent case was struck by a defendant driver travelling at approximately 50 kilometres per hour (“kph”) before he quickly hit the brakes and struck the female injury victim’s car. The impact was significant and the vehicle was declared a total loss with the victim being transported to hospital by ambulance.
The plaintiff was found to entitled to the following awards: Non-pecuniary damages: $130,000.00 Past income loss: $170,000.00 Future loss of earning capacity: $500,000.00 Cost of future care: $318,300.00 Special damages: $14,052.73 TOTAL: $1,132,352.73
Test For An Award For The Cost Of Future Care For A Langley ICBC Accident Personal Injury A plaintiff is entitled to compensation for the cost of future care based upon what is reasonably necessary on the medical evidence to promote her physical and mental health. The test to be applied when considering awarding costs for future care was set out by McLachlin J., as she then was, in Milina and Bartsch (1985), 49 B.C.L.R. (2d) 33 at paras. 198-201:  If there was any doubt as to whether the award for cost of future care must be justified on a medical basis, it was dispelled by MacDonald v. Alderson,  3 W.W.R. 385, leave to appeal to the Supreme Court of Canada refused. In that case it was suggested that the plaintiff, a quadriplegic, should be awarded sufficient funds to purchase and maintain his own house on the non-medical grounds that this would give him a greater sense of ” ‘autonomy, privacy, financial stability and pride of ownership . . . and greater opportunities for gardening, owning a pet, and more space for hobbies’ “. The Manitoba Court of Appeal rejected this evidence as “subjective theorizing” and reduced the award made at trial. The test for determining the appropriate award under the heading of cost of future care, it may be inferred, is an objective one based on medical evidence.
 These authorities establish (1) that there must be a medical justification for claims for cost of future care; and (2) that the claims must be reasonable. On the latter point, Dickson J. stated in Andrews at p. 586: An award must be moderate, and fair to both parties . . . But, in a case like the present, where both courts have favoured a home environment, “reasonable” means reasonableness in what is to be provided in that home environment. This then must be the basis upon which damages for costs of future care are assessed.  It follows that I must reject the plaintiff’s submission that damages for cost of future care should take into account the cost of amenities which serve the sole function of making the plaintiff’s life more bearable or enjoyable. The award for cost of care should reflect what the evidence establishes is reasonably necessary to preserve the plaintiff’s health. At the same time, it must be recognized that happiness and health are often intertwined.
If you have a Surrey or Langley ICBC Accident Personal Injury and you want a compassionate and tenacious personal injury lawyer contact us now at 604-576-5400.