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ARTICLE · 08 APRIL 2014

Implications Of Social Safety Nets In Care Costing: Who Pays?

When a child or adult suffers a severe traumatic brain injury or spinal cord injury, the costs for care into the future are significant.

CanadaLitigation, Mediation & Arbitration

When a child or adult suffers a severe traumatic brain injury or spinal cord injury, the costs for care into the future are significant. Failure to adequately address the needs of a severely disabled client through medical evidence and a solid life care plan can have a disastrous impact on the case. Since the needs are for a lifetime, many items equate to high figures.

Traditionally, the insurer and defence counsel have contested the care costs items on the basis that the specific item being sought is either not needed to the extent asserted, is unreasonable, or the market rates are much lower. These legitimate arguments have controlled unreasonable and exaggerated wish lists when presented by overzealous life care planners. On occasion, however, the insurer will go beyond these legitimate arguments and seek to reduce their exposure by relying on social welfare programs. In other words, the life care planner simply asserts in their report that the item should not be

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