Hawaii Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a legal principle that addresses the responsibility of an injured party to reasonably minimize their damages by seeking and undergoing appropriate medical treatment. This instruction guides the jury to consider whether the plaintiff fulfilled their duty to mitigate their losses in relation to medical care. In personal injury cases, it is essential for the injured party to mitigate their damages by seeking necessary medical care promptly and adequately. By doing so, they are expected to reduce the severity and long-term impact of their injuries. Failure to fulfill this duty may affect the plaintiff's claim for damages in court. The Hawaii Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care encompasses different types and scenarios within personal injury cases. Some key variations of this instruction include: 1. Failure to Seek Medical Care: This instruction is relevant when the plaintiff fails to seek medical attention promptly after an accident or injury. The jury is guided to consider whether the plaintiff's failure to seek immediate medical care contributed to the severity or ongoing consequences of their injuries. 2. Delayed Medical Treatment: In cases where the injured party seeks medical care, but there is a significant delay, this instruction is applicable. The jury will assess whether the delay in seeking treatment contributed to additional damage or complications and whether the plaintiff acted reasonably in their delay. 3. Inadequate Medical Treatment: When the plaintiff receives medical attention, but it is deemed insufficient or inappropriate, this instruction is relevant. The jury is instructed to evaluate whether the plaintiff's choice of medical care or adherence to treatment instructions was reasonable and whether it resulted in further harm or long-term consequences. 4. Failure to Follow Medical Advice: This instruction applies when the plaintiff fails to follow the prescribed medical advice or treatment plan. The jury is advised to assess whether the plaintiff's non-compliance contributed to worsening their condition, aggravating the injuries, or causing additional damages. In any of these scenarios, the responsibility lies with the plaintiff to demonstrate that they have diligently pursued appropriate medical care in order to mitigate their damages. The jury considers the reasonableness of the plaintiff's actions, the available medical options, and whether the plaintiff's failure or delay to mitigate their losses contributed to their current condition and damages sought. Understanding the duty to mitigate in general pursuing medical care is crucial for both plaintiffs and defendants involved in personal injury cases. Compliance with this duty can impact the overall outcome of a case, including the determination of damages awarded to the injured party.
Hawaii Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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Punitive damages are awarded in a civil lawsuit in order to punish the defendant for their willful or intentional conduct. In Florida, punitive damages award no more than three times the amount of the compensatory damages award or $500,000, whichever is greater.
Florida Statute Section 768.72 allows punitive damages only when ?there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.?
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.