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Future Care

  • Published by Hergott Law,

What will the court award me for my future care expenses?  What if my physiatrist recommends I get some expensive home exercise equipment, or a new desk chair? In this week’s case, Justice Riley reviewed the legal test for future

  • Published by Hergott Law,

Do awards for future care have to be fair to both parties?  What exactly does that mean? The plaintiff in today’s case was very seriously injured in a crash that killed the other three occupants of the car in which

  • Published by Hergott Law,

If I am injured, and I find yoga helpful for my symptoms, should ICBC have to pay for a lifetime membership?  What if my doctor cannot say that it is necessary to promote my health, and the court does not

  • Published by Hergott Law,

Can I be compensated for things like vibrators if they’re necessary for me to get my mojo back after a serious injury?  How will the court figure out what will help me? In reasons released this week, the British Columbia

  • Published by Hergott Law,

I can carry my paddleboard, but I can’t do my housework – what will the court make of that? In personal injury practice, we often encounter injured people whose injuries restrict them in some ways, but not others.  We encounter

  • Published by Hergott Law,

I find that massage and physiotherapy are crucial to managing my symptoms, and maintaining my functioning. What evidence will satisfy a judge that this care is reasonably necessary for my future? I recently summarized the income loss analysis in Bains v.

  • Published by Paul Hergott, Personal Injury Lawyer,

Will a court compensate me for items recommended by a medical specialist if I have not purchased the recommended item for some period of time after the recommendation was made? What if I was likely to incur the expense regardless

  • Published by Hergott Law,

I feel that I need a great deal of future care to maintain my function. Will the court make the defendant pay for this for the rest of my life?  What factors will be considered? The case of  Jamal v. Kemery-Higgins (2017

  • Published by Hergott Law,

If my medical team recommends that I attend a pain clinic for my crash injuries, can ICBC be compelled to pay for this expense up-front? In a 2015 decision of the BC Supreme Court (Park v. Targonski, 2015 BCSC 1531),