How British Columbia Deals With An Accident Victim’s Needs For Future Care
Unlike other providences in Canada, British Columbia has adopted an interesting method for dealing with the damages that result from the occurrence of a motor vehicle accident. Those damages have been placed in specific categories. The name for each category has been called a head of damage. Future care costs refer to the expenditures created by one head of damage.
Not every recovering patient can expect to demand the same sort of future care. Consequently, British Columbia provides accident victims with the right to seek one or more of the services that work to provide patients with an appropriate level of care. When seeking such services, a patient/policy holder needs to consult with Car Accident Lawyer in Burnaby.
Here are some of the services available to the patient that wants his or her future care to include delivery of specific benefits:
• Access to a gym or a pool
• Money to cover a loss of housekeeping capacity
• Coverage for the costs of physiotherapy
• Coverage for the cost of message treatments
Support for in-trust claims: A family makes such a claim when a healthcare expenditure, one that was caused by an accidental injury, threatens to destabilize the family’s finances.
Patients get to select the desired benefits from a list that is longer than the listing posted above. A study of the patients’ requests has shown that the benefits listed in this article are the ones that most-frequently get requested. At times, ICBC’s offices seems to receive a huge flood of requests.
At such times, any benefit that ICBC agrees to fund must satisfy 2 conditions. It must appear capable of improving the health and well-being of the person that has asked for that particular benefit. In addition, it must work to keep a given, injured accident victim from suffering the effects of a deteriorating condition.
ICBC uses an assessment team, in order to determine whether or not it will pay for a specific future care benefit.
That team should include both care and rehabilitation specialists. In addition, there should be an economist on that same type of team. Together the specialists and the economist, along with representatives chosen by the insurer, should assess the ability of a specific benefit to help with delivery of an acceptable level of care.
A patient/policy holder and ICBC do not always agree on a benefit’s ability to aid delivery of the desired level of care. Hence, there are times when a patient’s request might get denied. In order to resolve the resulting dispute, the 2 parties must meet each other in court.
In that way the view of the assessment team can be heard in a courtroom. Then a lawyer for the plaintiff/dissatisfied patient can challenge the team’s view. The more extensive the presented evidence, the greater the chances that the plaintiff’s lawyer will manage to win that courtroom challenge.
Still, ICBC might use one or more of its defense tactics, in order to cast doubt on a lawyers’ declaration. For instance, video footage could be used to show that the partially recovered patient does not need a certain device, in order to enjoy an acceptable level of care-giving treatment. Such evidence might be used, in order to push for the court’s acceptance of ICBC’s denial of money for future cost of care.