Delaware Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care serves as a guideline for jurors to understand the duty of individuals involved in a legal case to mitigate damages by actively seeking necessary medical care. This duty is essential in personal injury cases to ensure the injured party takes reasonable steps to control and minimize their damages. Keywords: Delaware, jury instruction, duty to mitigate, pursuing medical care, duty of care, damages, personal injury cases. Different types of Delaware Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include: 1. Duty to Mitigate Damages: This instruction highlights the obligation of the injured party to take reasonable steps to prevent further harm or minimize their losses, specifically by actively seeking and following medical treatment. 2. Reasonable Pursuit of Medical Care: This instruction emphasizes that the injured party must demonstrate a reasonable effort in seeking, receiving, and complying with medical advice and treatment options to mitigate their damages. 3. Compliance with Medical Advice: This instruction focuses on the importance of the injured party adhering to prescribed medical treatments, therapies, and recommendations provided by medical professionals, as failing to comply may result in limited or reduced damages. 4. Timeliness of Medical Care: This instruction emphasizes the significance of seeking medical attention promptly after an injury occurs. It highlights that delays in pursuing necessary medical care may be considered a failure to mitigate damages. 5. Nature of Medical Care: This instruction educates jurors on the types of medical care and treatments that are reasonable and necessary for the injured party to pursue in order to mitigate damages effectively. 6. Evidence of Failure to Mitigate: This instruction explains that evidence may be presented to demonstrate the injured party's failure to mitigate damages by not actively seeking or following recommended medical care, which may affect the calculation of potential compensation. These instructions help ensure that jurors understand the concept of the duty to mitigate in general pursuing medical care and its significance in personal injury cases. By comprehending this duty, jurors can make informed decisions regarding the extent of damages and their correlation to the actions or inaction of the injured party.
Delaware Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.
These official Judicial Council of California Civil Jury Instructions are referred to as "CACI" (pronounced "Casey"), which stands for California Civil Instructions. Advisory Committee on Civil Jury Instructions.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. (c) Peremptory challenges. Each party shall be entitled to 3 peremptory challenges.
Each side is entitled to 1 peremptory challenge in addition to those otherwise allowed by law if 1 or 2 alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors are to be impanelled, and 3 peremptory challenges if 5 or 6 alternate jurors are to be impanelled.