Talya Schapiro and Clara Linegar of KazLaw Injury Lawyers have received an excellent judgment in Xu v. Balaski, 2020 BCSC 940.
Ms. Xu had three motor vehicle accidents within 8 months. She was hit from behind in all three accidents and suffered a number of injuries. Her injuries had negatively impacted all aspects of Ms. Xu’s life.
ICBC argued that Ms. Xu failed to mitigate her damages by declining to undergo a medical surgery. Essentially, ICBC asked the Court to reduce Ms. Xu’s damages by 70% (even though the other drivers were at fault). ICBC argued that damages should be discounted because Ms. Xu could have recovered better if she took the recommended treatment.
Justice Ball disagreed with ICBC. He considered the timing of the treatment recommendation, the need for surgery had only just arisen at the time of trial, Ms. Xu’s personal circumstances, and the family doctor’s support of her decision not to undergo the surgery. He found Ms. Xu’s decision not to have the surgery was not unreasonable.
ICBC’s formal offer was far below the amount required to compensate Ms. Xu’s loss. We are pleased that the Court awarded Ms. Xu a total of $1,321,741.32 in damages plus costs and interest. The damages included compensation for loss of housekeeping capacity for housecleaning and childcare.
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