Future care costs

In plain English: future care costs are the treatment, support and equipment you'll need after your claim ends because of your injuries. Surgery you're still waiting for, years of physio, a carer, a wheelchair, adapted housing and replacement equipment down the line can all be included.

Why this is often the largest part of a serious claim

For a sprain that heals in months, future care is a small item or nothing at all. For a spinal injury, a serious brain injury or an amputation, it can dwarf everything else, because the costs run for decades. And you usually get one chance to claim it. Once you settle, you generally can't go back and ask for more if your needs turn out to be greater than expected.

How the figure is built

1. Medical evidence of what you'll need. Treating doctors and independent experts set out the likely course: further operations, therapy, medication, risk of arthritis or epilepsy, and so on.
2. A care or life care plan. In larger US claims, a life care planner itemises every future need with frequency and cost. In the UK, a care expert and often an occupational therapist prepare a report covering care hours, case management, aids and accommodation. Canadian claims use similar future care reports.
3. Pricing. Each item is costed at current rates, including replacements (a powered wheelchair doesn't last a lifetime).
4. Life expectancy. The number of years you'll need care for is a big factor, and in serious cases it's often disputed.
5. Adjusting to today's money. A lump sum paid now for costs years away is reduced to its present value.

Private care or public services?

A common argument is that you could get care for free or cheaply through public health services. In England and Wales, the law allows you to claim the cost of private treatment even though NHS treatment is available, as long as it's reasonable that you'd use it. In Canada, the question is often whether public funding will actually be there when you need it. In the US, the argument may be about what your health insurer pays versus billed rates, and state rules on this differ.

Protecting the money

For long-term needs, a lump sum isn't the only choice. A structured settlement, or in the UK a periodical payment order, pays care costs as regular income, which removes the worry of the money running out.

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