What is the test for a plaintiff in a motor vehicle accident action where they are unable to recover from the injuries sustained in the accident?
California, United States of America
The following excerpt is from Pacific Mercantile Bank v. John Boyd Designs, Inc., B226980 (Cal. App. 2012):
"A plaintiff cannot be compensated for damages which he [or she] could have avoided by reasonable effort or expenditures. [] . . . [] The doctrine does not require the injured party to take measures which are unreasonable or impractical or which would involve expenditures disproportionate to the loss sought to be avoided or which may be beyond his [or her] financial means." Reasonableness is evaluated in light of the situation at the time of the loss. (Green v. Smith (1968) 261 Cal.App.2d 392, 396.)
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