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.
Georgia Jury Instruction — 6.6.2 Maintenance And Cure is an important legal concept that applies to maritime law cases. Maintenance and cure refer to the obligation of an employer to provide necessary support and medical treatment to an injured seaman during their recovery period. Here, we will delve deeper into what this instruction entails and discuss its different types. Maintenance and cure is a fundamental principle established under maritime law, specifically under the Jones Act. This legal doctrine ensures that injured seamen receive appropriate care and financial assistance when they suffer from injuries or illnesses during the course of their employment. The concept of maintenance involves the provision of basic living expenses such as food and shelter, while cure refers to the medical treatment required for the seaman's recovery. Under Georgia Jury Instruction — 6.6.2 Maintenance And Cure, the jury is instructed to consider this principle and determine if the injured seaman is entitled to receive maintenance and cure payments. To do so, the jury must evaluate whether the seaman incurred an injury or illness while in service of their employer, whether the condition necessitated medical treatment, and whether the employer failed to fulfill their obligation to provide maintenance and cure. Furthermore, there are several types of maintenance and cure that may be applicable to different scenarios: 1. Preexisting Condition: If the injured seaman had a preexisting medical condition that was aggravated during their employment, they may still be entitled to maintenance and cure benefits. However, the employer's liability may be limited to covering medical costs related to the aggravation of the existing condition. 2. Treatment Costs: Maintenance and cure includes the payment of medical expenses incurred by the seaman, such as doctor's visits, surgeries, hospital stays, medication, therapy, and rehabilitation. 3. Offshore Injuries: Maintenance and cure also cover injuries sustained by seamen while working on offshore vessels or platforms, including accidents involving drilling rigs, cranes, heavy machinery, or maritime equipment. 4. Illnesses: In addition to injuries, maintenance and cure benefits can also be claimed for illnesses or diseases contracted during the seaman's employment, such as occupational diseases caused by exposure to toxic substances. It is important to note that the terms and conditions surrounding maintenance and cure may vary depending on the specific circumstances of each case. Additionally, the jury instruction may be modified or supplemented based on the details and evidence presented during the legal proceedings. Overall, Georgia Jury Instruction — 6.6.2 Maintenance And Cure guides jurors in understanding the obligations of employers towards injured seamen. By considering this instruction and the relevant evidence, the jury can make an informed decision regarding the entitlement and extent of maintenance and cure benefits that should be awarded to the affected seaman.
Georgia Jury Instruction — 6.6.2 Maintenance And Cure is an important legal concept that applies to maritime law cases. Maintenance and cure refer to the obligation of an employer to provide necessary support and medical treatment to an injured seaman during their recovery period. Here, we will delve deeper into what this instruction entails and discuss its different types. Maintenance and cure is a fundamental principle established under maritime law, specifically under the Jones Act. This legal doctrine ensures that injured seamen receive appropriate care and financial assistance when they suffer from injuries or illnesses during the course of their employment. The concept of maintenance involves the provision of basic living expenses such as food and shelter, while cure refers to the medical treatment required for the seaman's recovery. Under Georgia Jury Instruction — 6.6.2 Maintenance And Cure, the jury is instructed to consider this principle and determine if the injured seaman is entitled to receive maintenance and cure payments. To do so, the jury must evaluate whether the seaman incurred an injury or illness while in service of their employer, whether the condition necessitated medical treatment, and whether the employer failed to fulfill their obligation to provide maintenance and cure. Furthermore, there are several types of maintenance and cure that may be applicable to different scenarios: 1. Preexisting Condition: If the injured seaman had a preexisting medical condition that was aggravated during their employment, they may still be entitled to maintenance and cure benefits. However, the employer's liability may be limited to covering medical costs related to the aggravation of the existing condition. 2. Treatment Costs: Maintenance and cure includes the payment of medical expenses incurred by the seaman, such as doctor's visits, surgeries, hospital stays, medication, therapy, and rehabilitation. 3. Offshore Injuries: Maintenance and cure also cover injuries sustained by seamen while working on offshore vessels or platforms, including accidents involving drilling rigs, cranes, heavy machinery, or maritime equipment. 4. Illnesses: In addition to injuries, maintenance and cure benefits can also be claimed for illnesses or diseases contracted during the seaman's employment, such as occupational diseases caused by exposure to toxic substances. It is important to note that the terms and conditions surrounding maintenance and cure may vary depending on the specific circumstances of each case. Additionally, the jury instruction may be modified or supplemented based on the details and evidence presented during the legal proceedings. Overall, Georgia Jury Instruction — 6.6.2 Maintenance And Cure guides jurors in understanding the obligations of employers towards injured seamen. By considering this instruction and the relevant evidence, the jury can make an informed decision regarding the entitlement and extent of maintenance and cure benefits that should be awarded to the affected seaman.