Failing to Consider Future Medical Costs: The Settlement Trap
The Costly Mistake at the Coffee Shop
Location: A Tim Hortons in Toronto
"Dude, take the settlement. They’re offering $50,000—it’s enough to cover your hospital bills," Liam said, stirring his double-double.
Chris nodded, relieved that the legal battle would soon be over. What he didn’t consider was his need for long-term physiotherapy, pain management, and potential surgery in the future. A year later, he was out of money, unable to work, and stuck with medical expenses that weren’t covered.
The Technicalities: Why Future Medical Costs Matter
Many personal injury settlements only account for immediate medical expenses, but Ontario law allows for compensation for future care costs, pain and suffering, and loss of earning capacity.
In Sparks v. Holland, 2020 ONSC 3722, the court ruled that a plaintiff was entitled to additional compensation for ongoing rehabilitation costs that weren’t originally accounted for in the settlement. The defendant had argued that the settlement should be final, but the court recognized that injuries evolve over time, requiring continued care.
Future medical costs should be calculated with the help of medical professionals, rehabilitation specialists, and actuarial experts. Without these assessments, claimants often settle for far less than they will ultimately need.
How to Overcome This Mistake
Never settle before understanding the full extent of your injuries. Future medical needs often become clear months or years later.
Request a full medical prognosis from doctors and specialists to estimate long-term care costs.
Consult an experienced personal injury lawyer who understands how to project future damages and will fight to include them in your claim.
Consider a structured settlement that allows for ongoing payments instead of a lump sum, ensuring that medical care is covered long-term.
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