What is the test for a plaintiff to recover damages from a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Lim v. Anderson, 2012 BCSC 263 (CanLII):
In order to recover damages under this head, the plaintiff must prove that there is a real and substantial possibility that she will incur future care costs as a result of the injuries sustained in the accident. Those future expenses do not have to be a medical necessity, but they must be medically justified and reasonable: Milina v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33 (S.C.).
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