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Surrey ICBC Lawyers Explain Cost of Future Care Awards

Come have our Surrey ICBC lawyers explain cost of future care awards. We are pleased to meet with you at our South Surrey head office located at at 303-15420 56th Avenue. You can  send us an email or call 604-576-5400 to schedule a FREE meeting and have all your questions answered.

Our ICBC and personal injury lawyers can be reached at our Surrey, Vancouver, Kelowna and Fort St John offices, or anywhere else in British Columbia toll free at 1-877-602-9900. All of our initial consultations are FREE.

What is an ICBC cost of future care award?

In the recent ICBC claim and personal injury decision of Westfield v. Lindstrom, Judge Abrioux was asked to determine the cost of future care for an injured Plaintiff. Before determining the money awarded in the case, the judge provided a quick summary of how cost of future care damages are calculated.

[76]         In Erickson v. Sibble, 2012 BCSC 1880, Ballance J. summarized the principles which apply to a claim for damages for cost of future care:

[316]    The purpose of awarding damages for the cost of future care is to compensate for a financial loss reasonably incurred to sustain or promote the mental and/or physical health of an injured plaintiff.  The cost must be justified as reasonable in the sense of being medically required or justified, and in the sense that the plaintiff will be likely to incur them based on the evidence.

…An award for the cost of future care is notional and imprecise in nature…  The court must consider evidence regarding what care is likely in the injured person’s best interest and calculate its present cost, with appropriate adjustment for contingencies in all of the circumstances of the case…

In making an award for future care costs the court must take into account both what is medically required and what expenses the plaintiff will likely incur. Items and services that the plaintiff is unlikely to use in the future cannot be justified as reasonably necessary aspects of the cost of future care…

[317]    Recommendations made by a medical doctor or made by various other health care professionals are relevant in determining whether an item or service is medically justified:  Gregory at para. 38.

Why do I need a lawyer from MacLean Law to settle my ICBC injury claim?

When you attempt to settle your claim with ICBC it is their job to minimize their risk and to pay you as little as possible. It is also likely that you will be dealing with an ICBC lawyer. Issues such as negligence, causation, present and future lost wages, cost of future care, settlement management fees, and other complex issues are probably going to come up.  If you go to trial, or even if you just go to mediation, it is important that your rights are protected and that all the available evidence is presented in such a manner to completely make sure you get every penny you are entitled to receive.  ICBC is going to use a lawyer, so why wouldn’t you?

Our Surrey ICBC Personal Injury and cost of future care award lawyers are pleased to meet with you at our South Surrey office located at at 303-15420 56th Avenue. All of our initial consultations are FREE.

You can send us an email or call 604-576-5400 to schedule a FREE meeting and have all your questions answered.

Our ICBC and personal injury lawyers can also be reached at our Surrey, Vancouver, Kelowna and Fort St John offices, toll free at 1-877-602-9900.

ICBC claims are complex and we STRONGLY recommend that you talk to a lawyer, (FOR FREE), before doing anything other than getting medical help. Talk to us first and make sure your rights are protected. We are here to help.



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