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:
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