79-year-old injured woman awarded $205,635 for the cost of her future care

Ms. Paterson, 79, lives on a 20-acre farm near Sooke, B.C. Three years after her car accident she continued to experience chronic neck pain & issues with her mood & memory. Her medical experts wrote that she requires ongoing treatment to manage her symptoms & that she will require assistance in the future with daily activities & house care.

 

Ms. P had been managing her injuries with physiotherapy, acupuncture, & psychological counselling. Ms. Justice Gerow found that these treatments were reasonably required for her injuries & awarded her about $16,000 to pay for the future cost of these treatments.

 

At trial, Ms. P stated that she did not presently require assistance with daily activities. However, Ms. P’s family doctor wrote that as a result of her injuries Ms. P will likely require home care support or care aid in the future. The judge agreed with Dr. H’s assessment & awarded her $100,000 for the cost of future home support.

 

The judge also awarded Ms. P about $80,000 for the cost of her future housekeeping & home maintenance & several smaller awards for future care. Altogether, the judge awarded her $205,635 for the cost of her future care. See below for a breakdown by the judge of this part of her award.

 

The judge also awarded Ms P:

  • $125,000 for her pain & suffering,
  • $10,000 for her loss of housekeeping capacity, &
  • $20,000 as an “in trust” claim for assistance provided to her by her adult children.

 

See: Paterson v Hindle 2017 BCSC 1104

Also, see Mr. Temple’s answer to this question:

“What do I have to prove in order to be compensated for expenses I may have in the future due to my injuries for treatment, care and assistance?” at:

http://www.icbcinjurylawyers.ca/fundingtreatment_ans1.html

 

Madame Justice Gerow broke down her award by stating:

“In summary, I am awarding the following for cost of future care:

– Physiotherapy and acupuncture:    $12,476

– Psychological counselling:                   $2,500

– Driver assessment:                                      $600

– Home support services:                   $100,000

– Housecleaning:                                       $42,321

– House and farm maintenance:         $40,000

– Bathroom and safety aids:                       $881

– Positional and mobility aids:                  $857

– Medications:                                              $1,000

– Transportation costs:                            $5,000

– Total future care costs:                   $205,635