What is the test for determining a future care award under the heading of cost of future care?
British Columbia, Canada
The following excerpt is from Simmavong v. Haddock, 2012 BCSC 473 (CanLII):
The test for determining the appropriate award under the heading of cost of future care is an objective one based on medical evidence. For an award of future care: (1) there must be a medical justification; and (2) the claims must be reasonable: Milina, at 84. Furthermore, future care costs must be likely to be incurred by the plaintiff. The award of damages is thus a matter of prediction as to what will happen in future. 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: Izony v. Weidlich, 2006 BCSC 1315 at para. 74.
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