What medical expenses can I claim in a personal injury lawsuit in Canada?
You can claim all reasonable and necessary medical expenses caused by the accident: hospital and emergency room bills, physiotherapy, chiropractic, massage, prescription medication, dental treatment, medical equipment (crutches, braces, wheelchair), home care, nursing, psychological counselling, and travel costs to attend medical appointments. Keep all receipts.
Can I claim future medical expenses?
Yes. Future care costs are a major head of damages in serious personal injury claims. You need expert medical evidence — typically a physiatrist or occupational therapist — to project future treatment costs over your lifetime. A Life Care Plan document quantifies these costs and is often required to support a large future care award.
Does my provincial health insurance reduce my claim?
In most provinces, the at-fault party cannot deduct benefits you received from OHIP, MSP, or other provincial health coverage. However, your own accident benefits insurer (under your auto policy) may have a right of subrogation against the at-fault party for amounts they paid on your behalf.