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ARTICLE · 23 MARCH 2016

Issues To Consider When Reviewing Costs Of Care Claims

Collins Barrow National Incorporated
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As a litigation accountant, one may review and quantify several life care plans each week, both for plaintiff and defense counsel.

CanadaLitigation, Mediation & Arbitration

As a litigation accountant, one may review and quantify several life care plans each week, both for plaintiff and defense counsel. On occasion, comparisons between reports are completed, using a 'compare and contrast' or 'exception' approach. The calculations may appear simple; present valuing the costs using actuarial estimates, taking into account discount rates, mortality and inflation. However, there are many issues to consider when reviewing these costs of care reports. It is prudent to see the overall conceptual issues, rather than merely inputting the individual values.

Abnormal" or "extraordinary" are the key words. Future Cost of Care awards encompass extraordinary or abnormal costs and expenses that will be incurred as a consequence of a plaintiff's injuries. This differs from Income Loss awards which compensate a plaintiff for the essentials of life, namely food, clothing, shelter and transportation. Future Cost of Care claims can be the most significant

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