The Queens New York Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a legal instruction given to jurors in Queens, New York during a trial. This instruction specifically relates to the duty of plaintiffs to take reasonable steps to mitigate their damages by pursuing appropriate medical care. When determining an appropriate award for damages in a personal injury case, jurors must consider whether the plaintiff has acted reasonably in seeking medical treatment. The duty to mitigate requires the plaintiff to promptly and reasonably seek medical care in order to minimize the extent of their injuries and subsequent damages. By pursuing medical care, plaintiffs can demonstrate their commitment to treating their injuries responsibly and minimizing the impact on their daily lives. Failure to mitigate damages may result in a reduction of the financial award sought by the plaintiff. Within the instruction, there may be various types of duty to mitigate in general pursuing medical care, including: 1. Prompt Medical Attention: Jurors must consider whether the plaintiff sought medical attention promptly after the incident occurred. Delaying medical treatment without valid reasons may be seen as a failure to mitigate damages. 2. Following Recommended Treatment: Plaintiffs have a duty to follow the recommended treatment plans prescribed by their healthcare professionals. This includes attending appointments regularly, undergoing necessary procedures, and taking prescribed medications as directed. 3. Seeking Specialist Care: In certain cases, seeking specialist care may be required to appropriately treat specific injuries. Jurors must assess whether the plaintiff sought the expertise of specialists when necessary and acted prudently to mitigate damages. 4. Mitigating Lifestyle Choices: Jurors may also consider whether the plaintiff made reasonable efforts to modify their lifestyle choices post-injury. This could include avoiding activities that exacerbate their injuries or following lifestyle modifications advised by healthcare professionals. 5. Documenting Medical Expenses: To support a claim for damages, plaintiffs should maintain thorough documentation of their medical expenses. This ensures transparency and helps jurors evaluate the extent to which the plaintiff has mitigated their damages. In conclusion, the Queens New York Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care instructs jurors to consider whether the plaintiff adequately fulfilled their duty to reasonably pursue medical care to mitigate the extent of their damages. Prompt attention, following recommended treatment, seeking specialist care when necessary, modifying lifestyle choices, and documenting medical expenses are some key factors that may be evaluated during the trial.