The plaintiff is entitled to rehabilitation and retraining expenses. These are also
to the defendant’s benefit if they increase the plaintiff’s earning capacity or
reduce his or her need for custodial care. They are detrimental to the plaintiff’s
case if they create the impression that the plaintiff may recover from the
injuries. Plaintiff’s attorneys do not stress the extent to which their clients
might be rehabilitated. Insurance companies exacerbate this problem by not
offering the plaintiff money for rehabilitation expenses immediately. The ideal
situation for the plaintiff’s attorney is to convince the jury that the client might
have been rehabilitated but for the callous refusal of the defendant to pay the
claim, but now it is too late.
A plaintiff who has been disabled or requires special care is entitled to the cost
of any housing modifications necessary to facilitate his or her care. These may
be as simple as installing wheelchair ramps or as costly as buying the plaintiff
a house to ensure that his or her medical needs will be met. The plaintiff is
also entitled to the value of any property damaged as a result of the
defendant’s conduct. This is usually an automobile, but it may be a house
(plane crash cases), a horse, or any other property involved in the accident.