California Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. California Jury Instruction — 6.6.2 Maintenance And Cure is an important legal concept pertaining to personal injury cases involving maritime or admiralty law. This jury instruction focuses on the obligation of shipowners to provide maintenance and cure benefits to injured seamen until they are fully recovered. Maintenance refers to the daily living expenses such as food, housing, and other necessities that injured seamen require during their recovery period. This includes reasonable costs required to maintain their standard of living before the injury occurred. Maintenance payments aim to ensure that injured seamen can cover their living expenses while they are unable to work or earn income due to their injuries. Cure, on the other hand, refers to the medical treatment and care necessary to restore the injured seamen's health and well-being. It covers the costs of medical consultations, surgeries, medications, rehabilitation, and any other treatment required to achieve maximum medical improvement. The duty to provide maintenance and cure lies with the shipowner, regardless of the seaman's fault or negligence leading to the injury. This obligation arises from the sacred duty of a shipowner to ensure the safety and well-being of their crew members. Shipowners must provide maintenance and cure promptly, without any undue delays or excuses. There are several scenarios where California Jury Instruction — 6.6.2 Maintenance And Cure instruction may come into play: 1. Injured seamen: When a seaman sustains an injury during the course of their employment on a vessel, they are entitled to maintenance and cure benefits until they recover or reach maximum medical improvement. 2. Medical expenses: Shipowners are required to bear the expenses of medical treatment, including surgeries, medications, therapy, and any other necessary healthcare services related to the seaman's injury. 3. Lost wages: Maintenance payments also compensate the injured seamen for their lost wages during the recovery period. This ensures they can maintain a reasonable standard of living and meet their financial obligations while they are unable to work. 4. Termination of benefits: Maintenance and cure benefits continue until the seaman has reached maximum medical improvement. However, once the seaman reaches this point, the shipowner's obligation to provide maintenance and cure ceases. These instructions are essential in informing the jury about the legal principles surrounding maintenance and cure within the context of maritime personal injury cases. It serves to ensure that injured seamen receive the necessary support to facilitate their recovery and minimize financial hardship during their healing process.

California Jury Instruction — 6.6.2 Maintenance And Cure is an important legal concept pertaining to personal injury cases involving maritime or admiralty law. This jury instruction focuses on the obligation of shipowners to provide maintenance and cure benefits to injured seamen until they are fully recovered. Maintenance refers to the daily living expenses such as food, housing, and other necessities that injured seamen require during their recovery period. This includes reasonable costs required to maintain their standard of living before the injury occurred. Maintenance payments aim to ensure that injured seamen can cover their living expenses while they are unable to work or earn income due to their injuries. Cure, on the other hand, refers to the medical treatment and care necessary to restore the injured seamen's health and well-being. It covers the costs of medical consultations, surgeries, medications, rehabilitation, and any other treatment required to achieve maximum medical improvement. The duty to provide maintenance and cure lies with the shipowner, regardless of the seaman's fault or negligence leading to the injury. This obligation arises from the sacred duty of a shipowner to ensure the safety and well-being of their crew members. Shipowners must provide maintenance and cure promptly, without any undue delays or excuses. There are several scenarios where California Jury Instruction — 6.6.2 Maintenance And Cure instruction may come into play: 1. Injured seamen: When a seaman sustains an injury during the course of their employment on a vessel, they are entitled to maintenance and cure benefits until they recover or reach maximum medical improvement. 2. Medical expenses: Shipowners are required to bear the expenses of medical treatment, including surgeries, medications, therapy, and any other necessary healthcare services related to the seaman's injury. 3. Lost wages: Maintenance payments also compensate the injured seamen for their lost wages during the recovery period. This ensures they can maintain a reasonable standard of living and meet their financial obligations while they are unable to work. 4. Termination of benefits: Maintenance and cure benefits continue until the seaman has reached maximum medical improvement. However, once the seaman reaches this point, the shipowner's obligation to provide maintenance and cure ceases. These instructions are essential in informing the jury about the legal principles surrounding maintenance and cure within the context of maritime personal injury cases. It serves to ensure that injured seamen receive the necessary support to facilitate their recovery and minimize financial hardship during their healing process.