Texas Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care In Texas, when a person is injured due to someone else's negligence, they have a legal duty to mitigate their damages. This means that the injured party has the responsibility to seek and undergo reasonable medical care in order to minimize the harms caused by the accident or incident. The Texas Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a guideline given to jurors during a personal injury trial to inform them of the injured party's legal duty to mitigate their damages by pursuing appropriate medical care. Jurors need to understand that if the injured party fails to reasonably mitigate their damages by not seeking or refusing necessary medical attention, it could impact the compensation they may be entitled to receive. Keywords: Texas, jury instruction, duty to mitigate, pursuing medical care, negligent, damages, personal injury, trial, guideline, jury, jurors, harm, compensation. Types of Texas Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care: 1. Failure to Mitigate Damages through Medical Care: This type of instruction is given when the defendant claims that the injured party did not appropriately seek or undergo necessary medical care following the incident, resulting in increased damages. Jurors must consider whether the injured party fulfilled their duty to reasonably mitigate their damages by pursuing appropriate medical treatment. 2. Reasonable Medical Care: This type of instruction emphasizes that the injured party is expected to seek and undergo medical care that is considered reasonable based on the nature and extent of their injuries. Jurors need to determine if the injured party acted reasonably in pursuing medical treatment and whether the care received was appropriate for their condition. 3. Refusal of Medical Treatment: This type of instruction may be relevant if the defendant argues that the injured party refused necessary medical treatment, leading to greater harm or prolonged recovery. Jurors must evaluate whether the refusal was reasonable, or if it constituted a failure to fulfill the duty to mitigate damages. 4. Causation and Mitigation: This instruction focuses on the relationship between causation and mitigation. Jurors need to be informed that the injured party's failure to mitigate damages may affect the causal connection between the defendant's negligence and the harm suffered, potentially reducing or limiting the defendant's liability. In summary, the Texas Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care emphasizes the injured party's duty to reasonably seek and undergo appropriate medical care to minimize damages caused by the negligence of others. Jurors play a vital role in assessing whether the injured party fulfilled this duty and considering the impact it may have on the compensation they may receive.
Texas Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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