My spouse became disabled after the collision – can I recover the cost of his care since my injuries prevent me from providing that care?

  • Probably not.  You can only get money for losses that were foreseeable at the time of the collision.

In Milliken v. Rowe the plaintiff had a shoulder injury.  Three years later her husband was disabled by a rheumatoid disease.  Due to her shoulder injury she needed outside help to care for him.  The trial judge made an award for this, but the Court of Appeal reversed the decision.

The possibility, at the time of the collision, that a spouse may become disabled someday is not enough to support an award.  It might never occur:  the need for care may never arise, the spouse might die before care is needed, the plaintiff’s full-time work may mean there is no ability to provide care.  From a legal perspective, the costs of the husband’s care were too remote to be recoverable.

We can determine what your recoverable losses are.  Contact us.

Read the case:  Milliken v. Rowe

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