Wisconsin Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care

• Category: Federal - Jury Instructions - Supplemental Damage
• State: Multi-State
• Control #: US-11C-1-3-0
• 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. Keywords: Wisconsin, Jury Instruction, 1.3 Duty To Mitigate, Pursuing Medical Care Description: Wisconsin Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care refers to a legal guideline provided to juries in Wisconsin regarding a plaintiff's duty to mitigate damages by seeking necessary medical care after sustaining an injury. This instruction emphasizes the importance of taking reasonable steps to minimize the impact of an injury through medical treatment. When a plaintiff files a personal injury claim, it is vital for them to fulfill their duty to mitigate their damages. This duty requires the injured party to act reasonably and seek appropriate medical treatment to prevent further complications or worsening of their injuries. By pursuing medical care, the plaintiff demonstrates their commitment to regain their health and minimize any potential long-term effects resulting from the incident. Wisconsin Jury Instruction — 1.3 covers various aspects of the duty to mitigate in the context of pursuing medical care. These include: 1. Timely Medical Care: The instruction emphasizes that the plaintiff has a duty to promptly seek medical attention after an injury occurs. Failure to do so may undermine their claim or result in reduced damages as it could be argued that the plaintiff did not act diligently to mitigate their injuries. 2. Reasonable Medical Care: The instruction further highlights the obligation of the plaintiff to seek medical care that is medically appropriate for their specific injury. This means consulting with qualified healthcare professionals who can provide an accurate diagnosis and recommend the necessary treatment options. Choosing alternative treatments without medical advice may jeopardize the plaintiff's attempt to mitigate damages. 3. Following Medical Advice: Once medical treatment is initiated, the instruction stresses the plaintiff's responsibility to comply with the recommended treatment plan. This includes attending follow-up appointments, adhering to prescribed medications and therapies, and actively participating in rehabilitation or physical therapy sessions. Failing to follow medical advice may be used against the plaintiff as evidence of their failure to mitigate their damages adequately. 4. Causation and Reasonableness: The jury instruction also highlights that the plaintiff's duty to mitigate extends only to the injuries caused by the defendant's negligence. It is crucial for the jury to consider whether the plaintiff's failure to mitigate had a direct impact on the claimed damages and whether the steps taken were reasonable under the circumstances. In conclusion, Wisconsin Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care provides guidance to juries in understanding the plaintiff's duty to seek and comply with reasonable medical care. By emphasizing the importance of taking appropriate steps to mitigate damages, this instruction ensures a fair evaluation of the plaintiff's actions and helps in determining the appropriate compensation based on their efforts to regain their health.

Keywords: Wisconsin, Jury Instruction, 1.3 Duty To Mitigate, Pursuing Medical Care Description: Wisconsin Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care refers to a legal guideline provided to juries in Wisconsin regarding a plaintiff's duty to mitigate damages by seeking necessary medical care after sustaining an injury. This instruction emphasizes the importance of taking reasonable steps to minimize the impact of an injury through medical treatment. When a plaintiff files a personal injury claim, it is vital for them to fulfill their duty to mitigate their damages. This duty requires the injured party to act reasonably and seek appropriate medical treatment to prevent further complications or worsening of their injuries. By pursuing medical care, the plaintiff demonstrates their commitment to regain their health and minimize any potential long-term effects resulting from the incident. Wisconsin Jury Instruction — 1.3 covers various aspects of the duty to mitigate in the context of pursuing medical care. These include: 1. Timely Medical Care: The instruction emphasizes that the plaintiff has a duty to promptly seek medical attention after an injury occurs. Failure to do so may undermine their claim or result in reduced damages as it could be argued that the plaintiff did not act diligently to mitigate their injuries. 2. Reasonable Medical Care: The instruction further highlights the obligation of the plaintiff to seek medical care that is medically appropriate for their specific injury. This means consulting with qualified healthcare professionals who can provide an accurate diagnosis and recommend the necessary treatment options. Choosing alternative treatments without medical advice may jeopardize the plaintiff's attempt to mitigate damages. 3. Following Medical Advice: Once medical treatment is initiated, the instruction stresses the plaintiff's responsibility to comply with the recommended treatment plan. This includes attending follow-up appointments, adhering to prescribed medications and therapies, and actively participating in rehabilitation or physical therapy sessions. Failing to follow medical advice may be used against the plaintiff as evidence of their failure to mitigate their damages adequately. 4. Causation and Reasonableness: The jury instruction also highlights that the plaintiff's duty to mitigate extends only to the injuries caused by the defendant's negligence. It is crucial for the jury to consider whether the plaintiff's failure to mitigate had a direct impact on the claimed damages and whether the steps taken were reasonable under the circumstances. In conclusion, Wisconsin Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care provides guidance to juries in understanding the plaintiff's duty to seek and comply with reasonable medical care. By emphasizing the importance of taking appropriate steps to mitigate damages, this instruction ensures a fair evaluation of the plaintiff's actions and helps in determining the appropriate compensation based on their efforts to regain their health.