Contra Costa California Jury Instruction - 6.6.2 Maintenance And Cure

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Multi-State
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Contra Costa
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US-11CF-6-6-2
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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.

Contra Costa California Jury Instruction — 6.6.2 Maintenance And Cure: A Detailed Description In the legal context of maritime personal injury cases, Contra Costa California Jury Instruction — 6.6.2 Maintenance and Cure is a crucial instruction provided to the jury during trial. This instruction focuses on the rights entitled to seamen, mariners, or offshore workers who suffer from illnesses or injuries while onboard vessels or involved in maritime activities. Maintenance and cure is a fundamental legal concept that ensures injured seamen receive necessary medical treatment and daily living expenses until they reach maximum medical improvement. This doctrine is rooted in the principle that shipowners have a duty to provide seamen with proper care and support when they fall ill or sustain injuries during their employment. Under Contra Costa California Jury Instruction — 6.6.2 Maintenance and Cure, jurors are informed about the core elements and principles related to this legal doctrine. Jurors are instructed to consider the following key points: 1. Duty to Provide Maintenance: This part of the instruction highlights the obligation of employers or shipowners to provide reasonable daily living expenses such as food and accommodation for injured seamen until they have recovered or reached maximum medical improvement. 2. Duty to Provide Cure: The instruction informs jurors about the shipowners' duty to cover all necessary medical expenses, including doctor visits, hospitalization, surgeries, medication, rehabilitative therapy, and any other medical treatments required for the seamen to recover from their injuries or illnesses. 3. Maximum Medical Improvement: The jury is made aware that maintenance and cure benefits continue until the injured seamen have reached maximum medical improvement. This means that despite not fully recovering, as long as there are no further treatments that will improve their condition, the injured seaman may still be entitled to maintenance and cure. 4. No Fault Requirement: Jurors are instructed that the doctrine of maintenance and cure does not require the injured seaman to prove that the employer or shipowner was at fault or negligent for their injury or illness. As long as the injury or illness was sustained during the course of employment, maintenance and cure benefits are generally available. Different types of Contra Costa California Jury Instruction — 6.6.2 Maintenance And Cure: While there may not be different versions of Contra Costa California Jury Instruction — 6.6.2 Maintenance And Cure, it is essential to note that this instruction may be modified to suit the specific facts and circumstances of each case. The content and application of the instruction may be tailored to address varying situations involving maritime employees, offshore workers, or seamen who have suffered injuries or illnesses while on duty. In conclusion, Contra Costa California Jury Instruction — 6.6.2 Maintenance And Cure is a crucial part of maritime personal injury trials. It educates the jury on the duty of shipowners to provide necessary daily living expenses and medical treatment to injured seamen until they reach maximum medical improvement. Understanding and applying this instruction is vital in ensuring the fair resolution of maritime personal injury cases.

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FAQ

You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire.

Therefore, simply having a job isn't in itself enough to be excused from jury duty....Hardship excuses may be granted for: having no reasonable transportation. excessive travel to attend. extreme financial burden. undue risk to physical property. mental or physical impairment for those over 70. no alternate care for another.

When you do not appear for jury duty, you will be sent a postcard stating you failed to appear. You need to follow the instructions on the postcard. You will automatically be assigned a new date for jury duty if you do not respond. Further failure to appear could result in punishment by fine, incarceration or both.

Common Effective Jury Duty Excuses Extreme Financial Hardship.Full-Time Student Status.Surgery/Medical Reasons.Being Elderly.Being Too Opinionated.Mental/Emotional Instability.Relation to the Case/Conflict of Interest.Line of Work.

You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire.

Jurors who believe they are not qualified or eligible to serve can use the website, , to request to be excused. Requests must be made at least five business days before the date of the jury duty, according to a county news release.

What If A Juror Does Not Report as Instructed? Every resident of Contra Costa County who is qualified to serve must appear for jury service when summoned. Willful failure to appear is contempt of court. Contempt of court is punishable by fine or possible county jail time.

(c) Process for requesting permanent medical excuse (1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider.

Under no circumstances simply don't turn up for your jury service as this will cause the court delays. You could face a fine or even more serious charges if you fail to tell the court you will not be able to attend. The courts understand that jury service can be stressful, so talk to them as they can help you.

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Contra Costa California Jury Instruction - 6.6.2 Maintenance And Cure