An Entitlement Granted By Canada’s Supreme Court
Personal injury lawyers in British Columbia use the term head damage, when referring to any one of the various entitlements that can be granted to the victim of a motor vehicle accident. One such entitlement was granted by Canada’s Supreme Court, and thus got added to the list of ICBC’s entitlements.
The Insurance Commission of British Columbia (ICBC) covers the accident victim’s costs for future care. The need for future care must be medically justified. The victim is awarded the present-day value amount of the future costs. The injury must have been the result of a motor vehicle accident. The ICBC Lawyers in Kelowna know that the care requested must be something that promises to improve the victim’s physical or mental well-being.
Obligation of person seeking the cost of future care entitlement:
The person making the request must prove that the person responsible for his or her sustained injury was negligent. That can mean working with a lawyer to find the ideal medical expert.
For instance, if a traumatic brain injury developed to the point where the victim displayed the symptoms of hydrocephalus, the treatment would be implantation of a ventricular shunt. An expert could testify to the strong possibility that the original shunt would have to be removed and replaced. That expert should be a neurologist or a neurosurgeon.
Types of treatment included under the costs of future care entitlement provision:
Someone to help with housekeeping tasks
Physiotherapy Vocational retraining
Chiropractic sessions Nursing care
Massage therapy Adaption aids
Speech therapy Physical therapy
Medications Occupational therapy
Surgeries Child care
In the above list the term “adaptation aids” has been used in reference to both large and small items. For instance, someone with a broken leg might need a crutch; a paraplegic would need a wheelchair. Other aids might be even larger. Someone confined to a wheelchair might need a ramp to replace the stairs going up to the front porch. The entitlement covering costs of future care would include a ramp’s installation.
Alternative treatments that are not included in the listing of treatments that can be covered as costs of future care:
Acupuncture Progressive relaxation
Ayurveda Visualization/guided imagery
Certainly, there will be some victims that might experience an improvement to their physical or mental well-being by using one of the above treatment procedures. Still, it could prove difficult to find someone that the court would recognize as an expert in some field of alternative medicine. Perhaps, as the medical community learns more about the benefits associated with the utilization of one or more of the above, alternative treatments, some of those might be added to the listing of treatment routines that can be covered under the costs for future care.