Washington Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care Washington Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a legal guideline used in Washington courts to instruct juries regarding the duty of a plaintiff to mitigate damages by pursuing necessary medical care and treatment. This instruction highlights the responsibilities of a plaintiff in terms of seeking and undergoing medical treatment following an injury or accident. Keywords: Washington Jury Instruction, duty to mitigate, pursuing medical care, detailed description, relevant keywords, different types. Different Types of Washington Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care: 1. Standard Instruction: This instruction is the basic guideline provided to juries that emphasizes the duty of a plaintiff to mitigate damages through receiving appropriate medical care. It informs the jury that a plaintiff cannot recover damages for harm that could have been reasonably avoided or reduced through proper medical treatment. 2. Specific Instruction: In certain cases, the court may issue a specific instruction to juries regarding the duty to mitigate when pursuing medical care for a particular type of injury. This instruction would be tailored to the specific facts and circumstances of the case, providing more detailed guidance to the jury about the duty to seek appropriate medical care for that specific injury. 3. Comparative Negligence Instruction: In cases where the defendant alleges that the plaintiff's failure to mitigate damages contributed to the extent of their injuries, a comparative negligence instruction may be given to the jury. This instruction prompts the jury to determine the percentage of fault attributed to both parties and adjust the damages awarded accordingly. 4. Causation Instruction: Related to the duty to mitigate, the court may provide instructions that focus on causation, explaining to the jury that the plaintiff must prove that the medical treatment they sought was necessary and directly related to the alleged injury. This instruction emphasizes that the plaintiff must establish a causal link between their medical care and the harm suffered. It is important for juries to understand the duty to mitigate in pursuing medical care as it helps determine the extent of damages a plaintiff may be entitled to receive. These instructions ensure that juries consider the reasonableness of the plaintiff's actions or lack thereof in mitigating their damages, thereby helping to ensure a fair and just outcome in personal injury cases in Washington.
Washington Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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FAQ
In a breach of contract case, upon receiving notice that one party to a contract does not intend to perform, the other party is required to mitigate damages, meaning that it must take reasonable efforts to avoid further losses from the breach.
The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. [ 2020 c 302 § 71; 2019 c 446 § 27; 2016 sp. s. c 29 § 259; 2005 c 371 § 5; 1985 c 354 § 27.
However, the doctrine of mitigation is a well-established legal principle in contract law, which states that an innocent party cannot recover for any loss which was reasonably avoidable. The purpose of mitigation is to avoid the claimant from suffering avoidable losses, resulting from the breach or tort.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
WPI 303.06 (7th ed.) A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.