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Vancouver ICBC Cost Of Future Care

ICBC Injury Settlement Lawyers

Best Vancouver ICBC Cost Of Future Care Strategies

Vancouver ICBC cost of future care lawyer Spencer MacLean aggressively handles ICBC injury claims

Vancouver ICBC cost of future care lawyer Spencer MacLean aggressively handles ICBC injury claims 604-602-9000

Our top rated Vancouver ICBC cost of future care lawyers understand that the  purpose of 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. Our skilled and compassionate Vancouver ICBC cost of future care lawyers understand you want to heal as fast and fully as possible and that it often takes significant professional care to properly do so. Unfortunately, our aggressive Vancouver ICBC cost of future care lawyers are very cognizant of the fact, ICBC often argues a victim is fine, has fully recovered, doesn’t need certain therapy and medical treatment or wasn’t even injured by the accident at all. YOU NEED A LAWYER WHO KNOWS HOW TO MAXIMIZE YOUR PERSONAL INJURY SETTLEMENT.

MEET WITH US FOR A FREE CONSULTATION IMMEDIATELY AFTER YOUR ACCIDENT AND YOU’VE BEEN TREATED CALL NOW 604-602-9000. TALK TO US BEFORE ICBC AND WE’LL TELL YOU WHY AT OUR INITIAL MEETING.

ICBC Often Makes Vancouver ICBC Cost Of Future Care Cases Difficult

These positions by ICBC often aggravate the stress and prolong the suffering of our clients. Our Vancouver ICBC cost of future care lawyers know it is important that the lawyer you choose must  be firm and even aggressive with ICBC  inprwomoting our clients need for the largest personal injury settlement.’s they have no problem doing that on behalf of their employer.

Vancouver Car Accident Injury Lawyers

Lorne MacLean, QC and Spencer MacLean, Vancouver Car Accident Injury Lawyers

Our Vancouver ICBC cost of future care lawyers who deal with complex files Vancouver ICBC  claim cases daily know ICBC has suffered two recent losses where they were found to have falsely accused a ICBC injury victim of fraud and in another case denying a car knocked a poor woman off he horse causing her to suffer a broken pelvis.

The Law On Vancouver ICBC Cost Of Future Care

In the 2016 case of Rutter v. Adams, 2016 BCSC 554 the court dealt with a claim by a woman involving Vancouver ICBC cost of future care. As often happens ICBC disputed the woman was injured, attacked her credibility and said she was mostly recovered form any injuries she suffered. As often happens in Vancouver ICBC cost of future care cases the court will allow some but not all of the claimed Vancouver ICBC cost of future care expenses.

In Rutter the court held the amount allowed for the Vancouver ICBC cost of future care claim was $102,764.

  1. Cost of Future Care

[298]     The medical experts who have prepared written opinions have made recommendations with respect to the future care and assistance required by Ms. Fletcher.

[299]     The legal framework for the cost of future care was well set out by Ballance J. in S.R. v. Trasolini, 2013 BCSC 1135 at paras. 222-224:

[222]    The purpose of 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: Gignac at para. 30.  The services and items 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: Milina; Izony v. Weidlich, 2006 BCSC 1315; Kuskis v. Tin, 2008 BCSC 862.

[223]    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.  An evidentiary link between the medical assessments and the recommended treatment is essential: Gregory at para. 39; Gignac at paras. 31-32. General contingencies and those specific to the plaintiff are to be taken into account where appropriate: Gignac at para. 52.

[224]    The approach to be taken in assessing future care costs was settled by the Supreme Court of Canada in Krangle (Guardian ad litem of) v. Brisco, 2002 SCC 9, at paras. 21-22:Damages for cost of future care are a matter of prediction.  No one knows the future.  Yet the rule that damages must be assessed once and for all at the time of trial (subject to modification on appeal) requires courts to peer into the future and fix the damages for future care as best they can.  In doing so, courts rely on the evidence as to what care is likely to be in the injured person’s best interest.  Then they calculate the present cost of providing that care and may make an adjustment for the contingency that the future may differ from what the evidence at trial indicates.

The resulting award may be said to reflect the reasonable or normal expectations of what the injured person will require.  Jane Stapleton, “The Normal Expectancies Measure in Tort Damages” (1997), 113 L.Q.R. 257, thus suggests, at pp. 257-58, that the tort measure of compensatory damages may be described as the “‘normal expectancies’ measure”, a term which “more clearly describes the aim of awards of compensatory damages in tort: namely, to re-position the plaintiff to the destination he would normally have reached … had it not been for the tort”.  The measure is objective, based on the evidence.  This method produces a result fair to both the claimant and the defendant.  The claimant receives damages for future losses, as best they can be ascertained.  The defendant is required to compensate for those losses.  To award less than what may reasonably be expected to be required is to give the plaintiff too little and unfairly advantage the defendant.  To award more is to give the plaintiff a windfall and require the defendant to pay more than is fair.

 



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