Plaintiff’s Damages Reduced for Failure to Mitigate
In the recent decision of Rasmussen v. Blower, 2014 BCSC 1697, a plaintiff’s damages were reduced by 20% for failure to mitigate his losses.
The plaintiff suffered soft tissue injury to his neck and back in a rear-end motor vehicle accident. Despite treatment recommendations from his treating doctors, the plaintiff only attended two sessions of physiotherapy and massage therapy.
In the Court’s reasons, Mr. Justice Funt emphasized the importance of following reasonable treatment recommendations made by medical practitioners in noting that the “the law does not encourage indolence,” and “in this type of case, the plaintiff must seek and follow the advice of his or her physician with the goal of overall improvement and recovery.” As a result, the Court reduced the plaintiff’s award for pain and suffering.
It is, of course, always advisable that you follow all reasonable treatment recommendations made by your doctor following an injury.
Link to case can be found here.