As we have discussed in prior ICBC duty to mitigate blog posts, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have an obligation and a responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it…
As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses. In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…
This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC approaching a strip mall known as Market Crossing when a vehicle in the lane beside him changed…
Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a…
Sometimes it is obvious in a car accident case when a jury does not like a litigant. Although after 22 days of trial, the jury found the City of Surrey negligent for failing to adequately maintain the snowy roadway, they found the claimant 75% contributorily negligent. The jury also reduced her award by a further 75% on a…
ICBC arguments on the failure to attend recommended treatment, mitigation, are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme Court decided this ICBC case was worth over $720,000. The car accident was a head-on collision on…
A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate. The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to prove that she had failed to mitigate her injuries (Park v. Targonski,2017 BCCA 134). The court…
After a car accident injury a claimant has a duty to mitigate, or minimize his or her losses. However this case takes mitigation to new levels, expecting a career carpenter to seek alternative employment or face a reduction in his injury claim (Klein v. Sangha,2016 BCSC 1864. The claimant was 39 years of age at trial and…
The claimant originally claimed personal injury losses as well as loss of income and associated losses. However, ICBC had the personal injury lawsuit dismissed due to WCB vs. ICBC injury claim rules. The claimant was however able to maintain an action for his business-related losses, including the loss of a $40,000 lease deposit on his vehicle. In Singh v.…
In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…