This paper focuses on the assessment of damages for loss of working capacity and cost of future care. The first part of the paper provides an overview of the legal principles that inform the process of assessing damages for loss of future income and future cost of care. Topics discussed include proving the cost of future care damages, post-accident life expectancy, and limits to recovery of damages. The second part of the paper deals with the issue of liability in catastrophic cases—an issue that is often overshadowed by the preoccupation with quantum.

This paper was drawn from materials presented at the Personal Injury and Insurance Update program held in May 2012.