North Dakota Jury Instruction — 1.3 Duty to Mitigate in General Pursuing Medical Care In North Dakota, the duty to mitigate is a legal principle that applies to personal injury cases, specifically related to pursuing medical care. When a person is injured due to someone else's negligence, they have a legal obligation to take reasonable steps to minimize the harm caused by the injury. This duty to mitigate extends to seeking and following appropriate medical treatment promptly and consistently. The purpose of the duty to mitigate is to ensure that injured individuals take responsible actions to mitigate their damages and receive necessary medical attention to recover fully. Failure to comply with this duty can have a significant impact on the injured party's ability to recover damages during a personal injury lawsuit. Different types of North Dakota Jury Instruction — 1.3 Duty to Mitigate in General Pursuing Medical Care may include: 1. Prompt Medical Care: This instruction emphasizes the importance of seeking medical treatment promptly after an injury. The jury will be instructed to consider whether the injured party acted reasonably in seeking medical care within a reasonable time frame. 2. Choice of Medical Providers: This instruction focuses on the injured party's duty to exercise reasonable care in choosing medical providers. The jury will be instructed to consider whether the injured party sought care from appropriate healthcare professionals. 3. Follow-Up Care: This instruction highlights the injured party's duty to pursue necessary follow-up care and adhere to the prescribed treatment plan. The jury will be instructed to consider whether the injured party followed recommended medical advice and treatment. 4. Failure to Mitigate Damages: This instruction informs the jury that if they find the injured party failed to fulfill their duty to mitigate damages by not seeking or following appropriate medical care, their damages might be reduced accordingly. 5. Reasonableness of Mitigation Efforts: This instruction explains that the injured party is only required to take reasonable steps to mitigate damages, considering their circumstances. The jury will be instructed to consider the reasonableness of the injured party's actions within the context of their injury and available resources. It is important to note that each jury instruction may vary based on the specific details of the case and the judge's discretion. It is essential for attorneys and plaintiffs to consult the relevant North Dakota statutes and case law to ensure accurate and up-to-date instructions are provided to the jury regarding the duty to mitigate in general pursuing medical care.
North Dakota Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.
Jurors must be at least 18 years old; U.S. citizens; North Dakota and county residents; able to read, speak and understand English reasonably well; physically and mentally able with reasonable accommodation to serve; and free from any loss of civil rights because of imprisonment for a felony.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
You may make the request to be excused when completing the juror qualification questionnaire. If you wish to make the request after you have returned the questionnaire, you must submit a written request for excuse.
Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
You are under 18 years of age. You are not a resident of the county that summoned you for service. You are not able to communicate in English. You have a mental or physical disability that would affect your ability to serve.
Duplicate names, along with the names of deceased individuals, permanently disabled individuals and anyone at least 70 years of age and older who chooses not to serve, are removed from the list. The lists are combined to form a single list of individuals from which jurors are randomly selected.
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.