Can a plaintiff claim damages for injuries sustained as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Vo v Navarro, 2021 BCSC 1534 (CanLII):
A plaintiff can only claim damages in respect of losses that she could not have avoided by taking reasonable measures, including undergoing treatment to alleviate or cure her injuries: Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 at para. 234.
The onus of establishing that the plaintiff has failed to take reasonable steps to avoid or mitigate her loss lies on the defendant. The defendant must prove both that the plaintiff acted unreasonably in refusing treatment and the extent to which the plaintiff's damages would have been reduced had she acted reasonably: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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