What is the range of damages awarded to a plaintiff for failing to pursue the recommended physical therapy?
British Columbia, Canada
The following excerpt is from Picco v. British Columbia (Attorney General), 2015 BCSC 1904 (CanLII):
The defendants implicitly acknowledged the benefits of the recommended physical therapy because they criticized the plaintiff for his having failed to pursue them already and so improve his position after the Accident. The award for loss of future earning capacity is premised on the plaintiff’s having mitigated his damages in future. Based on the medical evidence, I find the recommended treatment is reasonably necessary to promote the plaintiff’s mental and physical health: Milina v. Bartsch, (1985) 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33 (S.C.) at para. 44.
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