San Bernardino California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is an essential legal concept often discussed in personal injury cases. This instruction highlights the obligation of the injured party to take reasonable steps to minimize their damages and mitigate the impact of the injury by seeking necessary medical care. In personal injury cases, the duty to mitigate refers to the injured person's responsibility to undergo reasonable medical treatment to prevent future complications or exacerbation of their injuries. This instruction aims to ensure that injured individuals take prompt action to attain appropriate medical care and follow the prescribed treatment plan. By pursuing medical care, the injured party demonstrates good faith effort to minimize their damages and recover as quickly as possible. This can involve seeking the expertise of medical professionals, undergoing diagnostic tests, surgeries, physical therapy, or obtaining medication as advised by healthcare providers. Failure to fulfill this duty may negatively impact the injured party's claim for compensation. The defense in such cases may argue that the injured person's own negligence or failure to mitigate contributed to their current condition or prolonged recovery. Consequently, the damages awarded by the court might be reduced if it is proven that the injured party did not fulfill their duty to mitigate. Different types or variations of San Bernardino California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include: 1. Failure to mitigate by not seeking timely medical attention: This instruction specifically focuses on cases where the injured party delayed seeking medical care, leading to worse outcomes or additional injuries. 2. Failure to comply with medical advice: This instruction addresses situations where the injured person neglects to adhere to the recommended treatment plan provided by healthcare professionals, resulting in aggravated damages. 3. Failure to follow up on medical appointments or referrals: This instruction emphasizes the importance of attending follow-up appointments, consulting with specialists, or undergoing rehabilitation therapies as directed by medical professionals. 4. Failure to submit to necessary diagnostic tests: This instruction concerns cases where the injured party refuses or neglects to undergo essential diagnostic tests, which could potentially impact their overall claim and hinder the evaluation of their injuries. In summary, San Bernardino California Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care underscores the injured party's duty to seek and comply with reasonable medical care to mitigate damages resulting from their injury. It serves as an important legal guideline to ensure fairness and reasonable compensation in personal injury cases.
San Bernardino California Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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