03 Nov Be Pro-Active With Your Own Recovery

After being injured in a motor vehicle accident, it may seem inconvenient and expensive to go to your physiotherapy, massage or chiropractic appointments, but it’s important that you do so.  Not only will you benefit physically, but also financially.  This is because the Courts reduce the amount of damages awarded to Plaintiffs who do not undertake doctor-recommended treatments.

In the case of Benson v. Day, 2014 BCSC 2224, the Plaintiff suffered from chronic pain and psychological injuries as a result of a motor vehicle accident.  The Plaintiff only attended six chiropractic appointments over eighteen months.  And despite being diagnosed with anxiety, the Plaintiff only attended one counselling appointment because he was too tired to attend at the end of the day.    He testified at trial that he did not recall being advised to do physiotherapy and that he was unaware of recommendations provided by medical experts he had seen.  The judge did not accept the Plaintiff’s evidence.  Rather, he agreed with ICBC’s expert who characterized the Plaintiff’s treatment to the date of trial as “woefully inadequate”.

The judge found that the Plaintiff took almost no personal responsibility for treatment.  At trial, several doctors testified as to the benefit of early treatment.  The judge determined that a reduction of 15% was appropriate in the circumstances.  The reduction was applied to the Plaintiff’s non-pecuniary damages (for pain and suffering), past wage loss and loss of future earning capacity.

The best thing you can do is be pro-active about your own recovery and Acheson Whitley Sweeney Foley can help.  We will connect you with the medical professionals you need – not the ones ICBC wants you to see.


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