What are the principles governing a claim for future care?
British Columbia, Canada
The following excerpt is from Jossy v. Johnson, 2016 BCSC 1023 (CanLII):
In Liu v. Bipinchandra, 2016 BCSC 283, Mr. Justice Voith provided a concise summary of the principles governing a claim for future care costs at para. 158: A plaintiff is entitled to compensation for the costs of their future care based on what is reasonably necessary to restore that plaintiff to his or her pre-accident condition to the extent that is possible. The test for determining an appropriate award under this head of loss is an objective one based on medical evidence. An award for the costs of future care must be supported by medical evidence that justifies the claims being made, or the costs being sought. In addition, those costs must be reasonable; Milina at 84.
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