Court confirms that damages awarded at trial cannot be reduced by value of future accident benefits where entitlement to benefits is not “beyond dispute…in every respect.”

In a recent court decision, Thomson Rogers personal injury lawyers L. Craig Brown and Robert M. Ben won an important ruling for a brain-injured client whom David F. MacDonald and Michael L. Bennett successfully represented at trial. The court agreed with Thomson Rogers’ argument that the value of future accident benefits cannot be deducted from a judgment awarding damages for future care. The defendant is under a “very strict onus of proof” to show that the plaintiff’s entitlement to future benefits is “beyond dispute…in every respect.” The onus cannot be met absent a “guarantee” from the insurer that benefits will continue to be paid in the future. See the Judge’s reasons for decision here.

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