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mitigation

  • Published by Hergott Law,

If I am forced to change careers as a result of my injuries, will I be compensated? What if I managed to stick it out in a physically demanding career for years after the crash? What if I choose a

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I’m terrified of needles.  Do I have to follow the recommendations of my doctors that I get some therapies involving needles?  Will my settlement be reduced if I don’t do it? In the recent case Dhillon v Singer (2017 BCSC

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Is there an obligation that plaintiffs follow all treatment recommendations?  What if the recommendation was optional, and the plaintiff’s actual treatment was effective? The case of Jamal v. Kemery-Higgins (2017 BCSC 213) was summarized last week on the point of obtaining a

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My doctor prescribed antidepressants to deal with my depression following a crash. I don’t like the way the medication makes me feel so I have stopped taking it. Will the courts penalize me when assessing my award? In the recently

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It is alleged that I failed mitigate my business losses and that they were not foreseeable. What does this mean? The recent case of Singh v. Soper (2016 BCSC 1748), involved a plaintiff who sought damages for lost business income

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I have been on short term and long term disability since my crash. My disability insurer is recommending I go to so many appointments and fill out multiple forms. I am so stressed out from my injuries I can’t keep

  • Published by Hergott Law,

In the recent Court of Appeal decision of Thomasson v. Moeller (2016 BCCA 14), the defendant appealed the judgement for a variety of reasons, one of which was the  respondent’s duty to mitigate her damages by undertaking cognitive behavioural therapy