Los Angeles California Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care

• Category: Federal - Jury Instructions - Supplemental Damage
• State: Multi-State
• County: Los Angeles
• Control #: US-11C-1-2-0
• 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. Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a crucial legal instruction provided to juries in Los Angeles, California during personal injury cases. This instruction centers on the duty of a plaintiff in such cases to mitigate their damages through actively seeking and pursuing appropriate medical care. When a person is injured due to someone else's negligence or intentional actions, they have the right to seek compensation for their injuries and associated damages. However, this duty to mitigate arises, stating that the injured party must take reasonable steps to minimize the harm they have suffered. With regard to medical care, the plaintiff is required to seek and follow appropriate treatment in order to prevent their injuries from worsening and to facilitate their recovery process. By instructing the jury on the duty to mitigate in pursuing medical care, the court emphasizes that the injured party cannot simply neglect or delay seeking medical attention if it is readily available and reasonably necessary. The instruction helps the jury understand that if the plaintiff fails to fulfill this duty, their damages may be reduced, as they would have contributed to the worsening of their own injuries. In personal injury cases, the Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care takes various forms and may be adapted to suit different circumstances. Some potential variations of this instruction may include: 1. Failure to Seek Prompt Medical Care: This variation focuses on situations where the injured party delayed seeking medical attention, leading to the aggravation of their injuries and potentially increasing the damages caused by the defendant. 2. Failure to Follow Recommended Treatment: This instruction highlights scenarios where the plaintiff initially sought medical care but failed to adhere to the prescribed treatment plan, thereby exacerbating their injuries and diminishing the defendant's liability for the ensuing damages. 3. Failure to Mitigate by Seeking Second Opinions: In cases where the plaintiff received medical attention but failed to seek second opinions or explore alternative treatment options, this instruction clarifies that they might have failed to fulfill their duty to mitigate their damages, potentially impacting the amount of compensation they can recover. In summary, the Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a vital component in personal injury cases. It ensures that juries are aware of the injured party's obligation to actively pursue necessary medical care and mitigate their damages. By adhering to this duty, plaintiffs can demonstrate their commitment to their own recovery and bolster the strength of their claims, while defendants may potentially be held less liable if the injured party failed to fulfill their duty to mitigate.

Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a crucial legal instruction provided to juries in Los Angeles, California during personal injury cases. This instruction centers on the duty of a plaintiff in such cases to mitigate their damages through actively seeking and pursuing appropriate medical care. When a person is injured due to someone else's negligence or intentional actions, they have the right to seek compensation for their injuries and associated damages. However, this duty to mitigate arises, stating that the injured party must take reasonable steps to minimize the harm they have suffered. With regard to medical care, the plaintiff is required to seek and follow appropriate treatment in order to prevent their injuries from worsening and to facilitate their recovery process. By instructing the jury on the duty to mitigate in pursuing medical care, the court emphasizes that the injured party cannot simply neglect or delay seeking medical attention if it is readily available and reasonably necessary. The instruction helps the jury understand that if the plaintiff fails to fulfill this duty, their damages may be reduced, as they would have contributed to the worsening of their own injuries. In personal injury cases, the Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care takes various forms and may be adapted to suit different circumstances. Some potential variations of this instruction may include: 1. Failure to Seek Prompt Medical Care: This variation focuses on situations where the injured party delayed seeking medical attention, leading to the aggravation of their injuries and potentially increasing the damages caused by the defendant. 2. Failure to Follow Recommended Treatment: This instruction highlights scenarios where the plaintiff initially sought medical care but failed to adhere to the prescribed treatment plan, thereby exacerbating their injuries and diminishing the defendant's liability for the ensuing damages. 3. Failure to Mitigate by Seeking Second Opinions: In cases where the plaintiff received medical attention but failed to seek second opinions or explore alternative treatment options, this instruction clarifies that they might have failed to fulfill their duty to mitigate their damages, potentially impacting the amount of compensation they can recover. In summary, the Los Angeles California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a vital component in personal injury cases. It ensures that juries are aware of the injured party's obligation to actively pursue necessary medical care and mitigate their damages. By adhering to this duty, plaintiffs can demonstrate their commitment to their own recovery and bolster the strength of their claims, while defendants may potentially be held less liable if the injured party failed to fulfill their duty to mitigate.