What is the quantum of future care costs for a plaintiff in her motor vehicle accident?
British Columbia, Canada
The following excerpt is from Mladjo v Etheridge, 2019 BCSC 950 (CanLII):
A plaintiff is entitled to compensation for the cost of future care based on what is reasonably necessary to restore her to her pre-Accident condition, to the extent that is possible. Any award must have a medical justification and be reasonable: Tsalamandris v. McLeod, 2012 BCCA 239, at para. 63.
Future care costs must be both medically necessary and likely to be incurred by the plaintiff. If a plaintiff has not used a particular item or service in the past it may be inappropriate to include its cost in a future care award. However, if the evidence shows that previously rejected services will not be rejected in the future, the plaintiff can recover for such services: O’Connell v. Yung, 2012 BCCA 57, at paras. 54-61.
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