New York 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. New York Jury Instruction — 6.6.2 Maintenance And Cure: Maintenance and cure refer to two important aspects of maritime law that protect injured seamen. This New York Jury Instruction — 6.6.2 provides detailed guidance on the concept of maintenance and cure in cases involving injured seamen. Maintenance is a daily allowance provided to the seaman for living expenses, including food and lodging, during the period of recovery from their injury or illness. The seaman is entitled to receive maintenance until they reach maximum medical improvement or until they can return to work. The amount of maintenance is usually determined based on reasonable living expenses in the seaman's area or the actual expenses incurred. Cure refers to the seaman's right to receive medical treatment, including doctor's visits, hospitalization, medications, rehabilitation, and any other necessary medical care related to their injury or illness. The employer or the shipowner is responsible for paying for all reasonable and necessary medical expenses until the seaman reaches maximum medical improvement. Under this New York Jury Instruction, the jury must consider whether the injured seaman is entitled to both maintenance and cure based on the evidence presented during the trial. The jury should assess the validity and reasonableness of the expenses claimed by the seaman and determine a fair and just amount to be awarded as maintenance. They should also evaluate the medical treatment received by the seaman and determine the reasonable and necessary expenses associated with cure. It is important to note that there are different types of New York Jury Instruction — 6.6.2 Maintenance And Cure that may be applicable in specific cases. Some variations of this instruction may address specific circumstances, such as the seaman's pre-existing conditions, contributory negligence, necessity for future medical treatment, or the duration of maintenance and cure payments. In conclusion, New York Jury Instruction — 6.6.2 Maintenance And Cure is a comprehensive guideline that helps the jury understand the principles of maintenance and cure in maritime law. It outlines the seaman's entitlement to adequate living expenses and necessary medical treatment during their recovery period. By following this instruction, the jury can ensure a fair and just resolution to cases involving injured seamen.

New York Jury Instruction — 6.6.2 Maintenance And Cure: Maintenance and cure refer to two important aspects of maritime law that protect injured seamen. This New York Jury Instruction — 6.6.2 provides detailed guidance on the concept of maintenance and cure in cases involving injured seamen. Maintenance is a daily allowance provided to the seaman for living expenses, including food and lodging, during the period of recovery from their injury or illness. The seaman is entitled to receive maintenance until they reach maximum medical improvement or until they can return to work. The amount of maintenance is usually determined based on reasonable living expenses in the seaman's area or the actual expenses incurred. Cure refers to the seaman's right to receive medical treatment, including doctor's visits, hospitalization, medications, rehabilitation, and any other necessary medical care related to their injury or illness. The employer or the shipowner is responsible for paying for all reasonable and necessary medical expenses until the seaman reaches maximum medical improvement. Under this New York Jury Instruction, the jury must consider whether the injured seaman is entitled to both maintenance and cure based on the evidence presented during the trial. The jury should assess the validity and reasonableness of the expenses claimed by the seaman and determine a fair and just amount to be awarded as maintenance. They should also evaluate the medical treatment received by the seaman and determine the reasonable and necessary expenses associated with cure. It is important to note that there are different types of New York Jury Instruction — 6.6.2 Maintenance And Cure that may be applicable in specific cases. Some variations of this instruction may address specific circumstances, such as the seaman's pre-existing conditions, contributory negligence, necessity for future medical treatment, or the duration of maintenance and cure payments. In conclusion, New York Jury Instruction — 6.6.2 Maintenance And Cure is a comprehensive guideline that helps the jury understand the principles of maintenance and cure in maritime law. It outlines the seaman's entitlement to adequate living expenses and necessary medical treatment during their recovery period. By following this instruction, the jury can ensure a fair and just resolution to cases involving injured seamen.