Utah Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a legal instruction provided to juries in Utah regarding the obligation of a plaintiff in a personal injury case to mitigate their damages by actively seeking appropriate medical care and treatment. When a person is injured due to the negligence or wrongful conduct of another party, they are entitled to seek compensation for their injuries and related damages. However, under Utah law, the injured party has a duty to mitigate their damages by reasonably seeking medical care to alleviate, treat, and recover from their injuries. By actively pursuing medical care, the plaintiff demonstrates their efforts to minimize the impact of the injury and prevent further harm. This duty extends to seeking appropriate treatment, following medical advice, attending rehabilitation sessions, and taking necessary steps for a full recovery. The Utah Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care emphasizes that plaintiffs cannot sit back and neglect their medical needs and still expect full compensation for their damages. Failure to mitigate damages may serve as a defense for the defendant, potentially reducing the amount of compensation the plaintiff can receive. Different types of Utah Jury Instructions — 1.2 Duty To Mitigate In General Pursuing Medical Care may include specific instructions for different types of injuries or scenarios. For instance: 1. Duty to mitigate in cases involving orthopedic injuries: This instruction would provide detailed guidance on the necessary steps to be taken when the injury involves bones, muscles, or joints, including the importance of consulting orthopedic specialists, attending physical therapy, and complying with recommended exercises or treatments. 2. Duty to mitigate in cases involving traumatic brain injuries (TBI's): This instruction would outline the specific measures to be taken by the plaintiff when dealing with a TBI, such as seeking immediate medical attention, following up with neurologists or neuropsychologists, attending cognitive therapy sessions, and taking prescribed medications to minimize the long-term effects of the injury. 3. Duty to mitigate in cases involving psychological or emotional injuries: This instruction would address the responsibilities of the plaintiff to pursue appropriate psychological or psychiatric care, attend counseling sessions, take prescribed medications if necessary, and engage in any other recommended treatments for their emotional well-being. In summary, the Utah Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care requires plaintiffs to actively seek medical care in order to minimize their damages and play an active role in their recovery process. By doing so, the injured party demonstrates their commitment to mitigating their injuries and improving their overall condition.
Utah Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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