YOU AND THE LAWø PLAINTIFFS SHOULD FOLLOW MEDICAL ADVICE If you're hurt in an accident, you must take reasonable sw a physiotherapist, massage therapist and chiropractor steps to "mitigate (minimize) your losses. You can't get and went to the gym almost daily. He was starting to damages" (compensation) for losses caused by yourfeel stronger and better. Then the defence insurance own neglect. So if you ignored medical advice, and company stopped paying for his rehabilitation. uld have gotten much better and more quicklyfHe only earned about $30,000 a year and couldn't afford you had followed your your compensation may be reduced. doctor's recommendations treatment on his own. Four years after the accident, he took narcotic painkillers for headaches and For example, the plaintiff in one case chose naturopathic couldn't ski, hike, hunt, camp or do yard work as before. remedies instead of the injections and surgery recommended by three orthopedic surgeos for herdamages should be reduced. injured shoulder. The court cut her damages by 30% for | The BC Supreme Court said, however, that whether her failure to mitigate. The defence argued he didn't mitigate his losses and his a plaintiff has taken reasonable steps to minimize their But the defence must prove that your failure to follow the losses depends on al the circumstances, including recommended treatment meant you didn't get better as i circumstances. This wasn't a case where the fully or quickly as you could have. plaintiff refused to follow medical advice. Indeed, the plaintiff saved for an annual gym membership and, two years after the accident, returned to the gym and lost weight. When his income increased, he also returned to Take the case of a plaintiff who suffered herniated discs in his back when he was rear-ended. The defence argued failed to mitigate by not continuing to take physiotherapy massage therapy, kinesiology or acupuncturemassage therapy. three months after the accident, as recommended. The They also argued he should have hired a personaldetermining how best to try and pay for the treatments he court decided he didn't act unreasonably in a structured exercise proram that had helped him, but which ICBC was no longer tapaying for. His total damages of over $400,000 weren't cut But the plaintiff did see a chiropractor regularly, bought a new mattress for his back (and a home gym and gravityas a result. extensiontable),didexercisesathome,andtookprescription and herbal medication. If you're hurt in an accident and entitled to damages a lawyer can help protect your rights and obtain the best Our B.C. appeal court decided the defence hadn't proved his "less than full compliance with medical recommendations would have made any difference to his This column provides information only and continuing disability." So his damages (over $170,000 must not be relied on for legal advice. Please call were not reduced. compensation Stephen W. Turner at 250-868-8801 for your free, no obligation, initial consultation Can you stop the recommended medical treatment because you can't afford it? by Janice a Written by Janice and George Mucalov, IL,B.s with contribution by Stepen W Turne Lawyer Janice Mucalov is an award winning legal riter. You and the Law is a An active 30-year-old apprentice plumber hurt his neck and back when rear-ended. For 18 months, he regularly registeed trademark. OJanice and George Mucalov SSTEPHEN TURNER LAV Personal Injury Law ICBC CLAIMS, DON'T GET HURT TWICE LAW Cor Fietonta 20.868.8801 100 ptogpheinturnceniownia 508 Doyle Ave., Kelowna law@stephenturnerlaw.ca Consultation