If you are injured in an accident and start a lawsuit to recover compensation for your losses, there are several different types of damages that you may be able  to claim. An important category of damages is the cost of future care that may be required to help you deal with your injuries. This article will help you understand what is included under the heading of cost of future care, and how the amount of this type of claim is assessed.

What is included in a cost of future care claim?

If you have suffered serious or disabling injuries, you may require specialized ongoing medical care and attention for a period of time or permanently to assist you. However, even plaintiffs suffering less debilitating injuries may incur future costs to address ongoing symptoms. Costs arising in  these types of situations are eligible to be included in a cost of future care claim.

Each plaintiff’s cost of future care will be specific to their own injuries and needs, but may  include physiotherapy or other treatment, medication, counselling, equipment like braces and crutches, and home care needs. Occasionally, an award for Replacement of Household Services is also included under this head of damages. Replacement of Household Services may include house cleaning, snow shovelling, and yard work, if it is shown that the plaintiff’s injuries prevent them from being able to maintain their household.

Establishing entitlement

The Alberta court discussed cost of future care awards in the recent case of Samra v. Houle, 2025 ABKB 24. The plaintiff had sustained an ankle injury in an assault and suffered mobility issues and psychological problems. He claimed  for future psychologist treatments and periodic physiotherapy. The court stated that the proper test for assessing a plaintiff’s future cost of care is whether the care cost is reasonably necessary for preserving the patient’s health. To meet this test there must be evidence presented to the court that links a doctor’s assessment of pain, disability, and recommended treatment to the future care being claimed in order to recover damages. In Samra, the plaintiff was able to establish his future need for physiotherapy and psychological treatment were reasonably necessary for preserving his health He also made a successful claim for loss of future housekeeping. The court agreed that because of the ongoing pain and swelling in his ankle, the plaintiff would need help in the future for tasks such as mowing the lawn, shovelling snow, and moving furniture or other heavy objects.

Limitations on the scope of covered costs

There is no cap or upper limits on what can be recovered for a plaintiff’s cost of future care award. The plaintiff only needs to provide evidence to show that what they are seeking is reasonable and necessary to maintain their condition. An interesting case in this regard is University of Regina v. Biletski, 2019 SKCA 44. The plaintiff was a 16-year-old competitive swimmer who was rendered a permanent quadriplegic after diving into a pool. At trial, a jury awarded the plaintiff $5.7 million to cover the cost of her future care. Among the lengthy list of items that the plaintiff was awarded for her future care was the use of an exoskeleton, a robotic wearable assistive device that enables some individuals with a spinal cord injury to walk or supplement their rehabilitation program. The defendant appealed the cost of future care award, arguing that the exoskeleton was a very expensive piece of equipment and the award was unreasonable. The court disagreed and upheld the jury’s award.

In another Alberta case, T(A) (Next Friend of) v. Mah, 2012 ABQB 777, the plaintiff was a child who was injured before and during her birth because of medical malpractice, and was born with serious medical deficiencies. The court held that the plaintiff was likely to experience a gradual loss of mobility, and she would never be able to care for herself. The plaintiff’s cost of future care award was tailored to concentrate on physical activity that would help to maintain her mobility and weight control for as long as possible and on learning skills that would optimize her social interaction and cooperation with her primary caregivers. Her award covered items such as physiotherapy, speech and language therapy, occupational therapy, counselling, wheelchairs, a wheelchair accessible van, and extensive modifications to the parents’ family home.

Quantifying costs of future care

Calculating the amount of damages that a plaintiff may receive for their cost of future care award can be complicated, as it must reflect projected costs which have not yet been incurred, and which may be affected by variables and contingencies whose occurrence is uncertain. For example, if an injured plaintiff will require full time nursing assistance for the rest of their life, the court will first need to assess the annual projected costs of the nursing assistant’s salary, accounting for inflation and potential wage increases. The next step is to multiply this amount by the remaining number of years that the plaintiff is projected to live. The court may also need to consider how the plaintiff’s condition is likely to evolve over time.

Evaluating the considerations that affect cost of future care unavoidably involves a degree of speculation and estimation. To assist the court in assessing the relevant factors, expert evidence will have to be presented by your lawyer. Some of this expert evidence might include:

• Medical evidence showing that the outside assistance and care being claimed is reasonable and necessary.
• Actuarial evidence as to the estimated life span of a person with injuries that are similar to the plaintiff’s; and
• Evidence on the present value of the projected cost of future care and household services, taking into consideration contingencies such as a plaintiff dying or becoming disabled in the future (independent from the accident injuries).

If you are in a situation where you are entitled to cost of future care there is a strong possibility that you are also entitled to make a claim for loss of future earning capacity or opportunity. For additional information on these types of claims, see:

• Calculating Loss of Future Earning Capacity and
• What is my Claim Worth? Non-pecuniary Damages and Loss of Opportunity.

If you have been injured in an accident and are wondering about what type of claims for compensation that you can make, CONTACT the lawyers at CAM LLP for a free legal consultation.