What is the range of damages for failing to undergo recommended injections and not participating fully in active rehabilitation?
British Columbia, Canada
The following excerpt is from Dhillon v Singer, 2017 BCSC 414 (CanLII):
The defendants argue the plaintiff’s non-pecuniary damage award should be reduced by 10–15% for failing to undergo recommended injections, and not participating fully in various therapies and active rehabilitation, including home exercises. It is well settled that a plaintiff has a positive duty to act reasonably in mitigating her losses. However once a defendant is found liable for a plaintiff’s injuries, he must prove she acted unreasonably by “eschewing” medical advice recommending treatment and the extent to which her damages would have been reduced had she acted reasonably: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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