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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 18:22, 11 August 2021
, 18:22, 11 August 2021→F. Plaintiff's Duty to Mitigate
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The plaintiff has a duty to mitigate his/her injuries after an accident. Generally, this means following your doctor’s instructions so that recovery from any injuries is as quick as possible. Failing to follow your doctor’s instructions can aggravate the injury and prolong recovery, thus increasing expenses. If this is the case, ICBC will argue that your failure to mitigate and speed up the recovery should decrease the amount of money to which you are entitled. This occurred in [http://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1697/2014bcsc1697.html?autocompleteStr=rasmussen%20v%20bl&autocompletePos=1 ''Rasmussen v Blower''], 2014 BCSC 1697, , where the plaintiff was counselled to do physiotherapy and massage, but only attended one appointment of each. The trial judge stated that the plaintiff should have shown more perseverance and given time to allow the medical treatments to work. Due to the plaintiff’s failure to mitigate, the trial judge reduced the plaintiff’s award by 20%. | The plaintiff has a duty to mitigate his/her injuries after an accident. Generally, this means following your doctor’s instructions so that recovery from any injuries is as quick as possible. Failing to follow your doctor’s instructions can aggravate the injury and prolong recovery, thus increasing expenses. If this is the case, ICBC will argue that your failure to mitigate and speed up the recovery should decrease the amount of money to which you are entitled. This occurred in [http://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1697/2014bcsc1697.html?autocompleteStr=rasmussen%20v%20bl&autocompletePos=1 ''Rasmussen v Blower''], 2014 BCSC 1697, , where the plaintiff was counselled to do physiotherapy and massage, but only attended one appointment of each. The trial judge stated that the plaintiff should have shown more perseverance and given time to allow the medical treatments to work. Due to the plaintiff’s failure to mitigate, the trial judge reduced the plaintiff’s award by 20%. | ||
If you find that you are unable to afford certain treatments that are mandated, you should apply for coverage through Part 7 (no-fault) benefits (see [[ICBC and Compulsory | If you find that you are unable to afford certain treatments that are mandated, you should apply for coverage through Part 7 (no-fault) benefits (see [[ICBC and Compulsory Coverage (12:X)#C. Accident (“No Fault”) Benefits: Part 7 of the IVR | Part X.C]]). A judge will not take a failure to apply for these benefits as an excuse for not continuing with treatment (''Rasmussen v Blower''). | ||
== G. Which Court has Jurisdiction? == | == G. Which Court has Jurisdiction? == | ||
