How is a claim for the cost of future care calculated in an Ontario injury lawsuit?
A claim for the cost of future care is built around the specific ongoing needs your injury actually created, rather than a general estimate. It typically starts with medical and rehabilitation professionals assessing what care, equipment, medication, therapy, home modifications, or attendant assistance you will realistically need going forward, often set out in a detailed life-care plan. Economists are then often used to project the cost of those needs over the relevant time period - which may be a fixed recovery period or the person's expected lifetime - and to adjust future costs to reflect their value in today's dollars.
There is no fixed formula or standard amount; the entire claim depends on the individual's documented medical evidence and realistic future needs, which is why these claims are often the most evidence-intensive part of a serious injury lawsuit. A future care claim is separate from, and assessed independently of, other damages like pain and suffering or lost income, so it does not compete with or reduce those other heads of damages. Getting a properly qualified assessment of future needs early is usually one of the most valuable steps in a significant injury claim.
Key takeaways
- Future care damages are based on the specific ongoing needs your injury actually created.
- Claims typically rely on medical, rehabilitation, and economic experts to project needs and costs forward.
- Future costs are often adjusted to reflect their value in today's dollars.
- There is no fixed formula - the claim is built entirely from the individual's documented evidence.