10 Oct Compensation for Injuries – Part 3 of 4: Cost of Future Care
By: Darren Kautz
Cost of future care refers to expenses that will be needed to pay for care of the injured party in the future. Under this head of damage, courts often delve into an exercise of estimation and quantification which considers a number of aspects.
First, the past care of the injured party is considered in light of his or her current needs. This means that the courts will look at what type of care the injured party received as a result of injures, and how likely that care, or one of similar nature, is likely to continue in the future.
Second, the courts may refer to a Medical Legal Report compiled by the inured parties’ physician which gives a thorough and holistic medical perspective on the injuries sustained by the aggrieved party. While an MLR is not always requested by the Plaintiff counsel, when it is available, it forms a significant party of the inquiry underlying cost of future care. It is the norm for medical practitioners to draft a specific portion on the MLR which is dedicated to future care and needs of the injured party.
Lastly, testimony from the party along with recent receipts outlining medical expenditures may serve to highlight the party’s ongoing medical ailments as a result of the accident which are likely to continue in the future. In this regard, consistency in expenditure showing continued treatment is a significant factor in proposing that the party will continue suffer similar financial losses in the future due to the accident.
There is no exact formula as to how future care costs are calculated. Rather, it takes effective and diligent advocacy on behalf of your personal injury lawyer to represent your best interests.
Join us again at Kautz Injury Law as I, Darren Kautz, will discuss the fourth and final form of compensation in personal injury cases, special damages.