NOTE: This article has been prepared for an upcoming FCC webinar. If you have not received an invite, speak to Alan Drimer to receive one.
Future care costs arising from motor vehicle collisions (“MVC”) are governed by a dual framework consisting of tort law and the Statutory Accident Benefits Schedule (“SABS”). While both systems purport to address the long-term care needs of injured plaintiffs, they operate according to fundamentally different principles and, in practice, produce vastly different outcomes. An examination of these two systems allows us to view the balance that is attempted to be made between the principle of tort law to restore the plaintiff to the position they would have been but-for the accident, and the cost-containment objectives embedded within the SABS system.
