After the settlement of a car accident injury claim the costs of medical examinations and reports, if the settlement terms allow, can be put in dispute. In this reasonable expenses part of settlement case (White v. Reich, 2013 BCSC 1234) a motor vehicle injury case settled very shortly before trial. In dispute was the cost of a cardiologist that was hired by the injury claimant. The cardiologist confirmed that a heart condition was not related to the car accident, the opinion which then allowed the case to be settled. In awarding the claimant costs the court was quick to point out that, “the test is not one of hindsight and that a proper disbursement may be one which is ultimately not necessary but which was reasonably incurred for the purposes of the proceeding.”
In the circumstance, the investigation of the cardiologist, which culminated in and included his report, was reasonable and proper at the time that it was undertaken and accordingly the disbursements which relate to of the cardiologist was allowed as presented.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.