Utah 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. Utah Jury Instruction — 6.6.2 Maintenance and Cure is a legal instruction that pertains to the rights and responsibilities of injured seamen. It outlines the concept of maintenance and cure, which is a form of compensation and medical treatment provided to seamen who get injured or fall ill while performing their duties on a vessel. In cases involving maritime injuries, if the injured seaman can prove that they were working within the scope of their employment and that their injury or illness occurred while being on the vessel, they may be entitled to maintenance and cure benefits. This legal instruction is designed to guide the jury in understanding the principles and factors associated with such claims. Maintenance refers to the daily living expenses necessary for the injured seaman's well-being, including lodging, food, and other necessities. It acts as a sort of subsistence allowance that aims to compensate for the seaman's inability to work and earn wages while they recover from their injury or illness. Cure, on the other hand, encompasses the medical treatment and care required to restore the seaman's health to the maximum extent possible. This includes doctor's visits, hospital stays, surgeries, medications, rehabilitation, and any other reasonable medical expenses directly related to the injury or illness. The instruction may also specify that in a maintenance and cure claim, the injured seaman does not need to prove that the employer was negligent or at fault for the injury or illness. The seaman only needs to demonstrate that the injury or illness occurred while they were in the service of the vessel and that it arose out of their employment. Different types or variations of Utah Jury Instruction — 6.6.2 Maintenance and Cure may exist depending on the specific jurisdiction or court where the case is being heard. However, the core principles of maintenance and cure remain consistent throughout these variations, aiming to protect the rights of injured seamen and ensure they receive necessary support during their recovery periods.

Utah Jury Instruction — 6.6.2 Maintenance and Cure is a legal instruction that pertains to the rights and responsibilities of injured seamen. It outlines the concept of maintenance and cure, which is a form of compensation and medical treatment provided to seamen who get injured or fall ill while performing their duties on a vessel. In cases involving maritime injuries, if the injured seaman can prove that they were working within the scope of their employment and that their injury or illness occurred while being on the vessel, they may be entitled to maintenance and cure benefits. This legal instruction is designed to guide the jury in understanding the principles and factors associated with such claims. Maintenance refers to the daily living expenses necessary for the injured seaman's well-being, including lodging, food, and other necessities. It acts as a sort of subsistence allowance that aims to compensate for the seaman's inability to work and earn wages while they recover from their injury or illness. Cure, on the other hand, encompasses the medical treatment and care required to restore the seaman's health to the maximum extent possible. This includes doctor's visits, hospital stays, surgeries, medications, rehabilitation, and any other reasonable medical expenses directly related to the injury or illness. The instruction may also specify that in a maintenance and cure claim, the injured seaman does not need to prove that the employer was negligent or at fault for the injury or illness. The seaman only needs to demonstrate that the injury or illness occurred while they were in the service of the vessel and that it arose out of their employment. Different types or variations of Utah Jury Instruction — 6.6.2 Maintenance and Cure may exist depending on the specific jurisdiction or court where the case is being heard. However, the core principles of maintenance and cure remain consistent throughout these variations, aiming to protect the rights of injured seamen and ensure they receive necessary support during their recovery periods.