YOU AND THE LAWø CLAIMING MASSAGE AND TREATMENT COSTS WHEN INJURED Hurt in a car crash or other accident caused by someone The court explained that, in general, whether you can elses fault? You could get money compensation. Thisreimbursement for your "special damages" depends on typically includes money for "special damages"w they were "reasonable." One factor in assessing addition to compensation for wage loss, pain andwhether treatment expenses are reasonable is to see if they were medically justified. You may be entitled to a very high standard of care, i.e., reasonable care may equate with very high care. But you're not allowed carte blanche to undertake any and all therapies which you suffering, etc.). In legal lingo, "special damages" in this kind of case means your out of-pocket costs before the trial, such as . medication costs . medical and some other treatment costs .taxi or mileage costs to drive to doctors' appointments .therapeutic devices and over-the-counter medications repair costs of damaged property (like getting a believe will make you feel good. Lucinda therefore could recover compensation for only some of her massage therapy, chiropractic and acupuncture sessions. She also got reimbursed the cost of some other treatments like kinesiology, physiotherapy treatments and Pilates sessions, since they were in line Of course, the expenses have to be as a result of the th medical advice. But she wasn't able to recover expenses for things like naturopathic treatments and damaged car fixed) accident that caused your injuries. But it usually isn't in dispute if documented (be sure to can recover as special damag In one case, the B.C. Supreme Court dealt with a lar The item must be an amount that can be exactly calculated.reflexology, since they weren't proven to be reasonable in this instance. keep receipts). Still, there are limits on what expenses youNow, ifyou're hurt in a car crash in B.C. and are insured by ICBC, you may be entitled to limied "no-fault" benefits (so-called Part 7 benefits) directly from ICBC. If eligible claim for special damages by Lucinda, a social worker, whohese are paid out over time; you don't usually have to wait was rear-ended by another vehicle. She suffered soft tissueuntil your lawsuit is resolved or goes to trial to get these. injuries (e-g, sore back and neck) and more than threePromptly seek good legal assistance if you're hurt through years later, still had some pain, stiffness and discor.someone else's fault or negligence. There may be a short, limited time period to take certain steps and special She was diagnosed with a chronic pain syndrome By the time of he court hearing, Lucinda, 41, had received numerous treatments. They included damages is just one piece of the overall puzzle. This column provides information only and must not be relied on for legal advice. Please call physiotherapy, kinesiology, reflexology and naturopathic Stephen W.Turner at 250-868-8801 for your free f massage therapy, acupuncture, chiropractic treatments treatments. But shed gone for more treatment sessions no obligation, initial consultation than medically supported. Shed also taken smeWritten treatments she felt would be beneficial, but which weren' contribution based on medical recommendation. by Janice and George Mucalov, LL.B.s with by Stepben W Turne Lauyer Janice Mucalov is an auard-winning legal uriter "You and the Law is a registered trademark. Janice and George Mucalov STEPHEN TURNER LAW Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE 50.868.8801 , Call For Free Initial 508 Doyle Ave., Kelowna law@stephenturnerlaw. Consultation