Harris Texas Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Harris
• Control #: US-11CF-6-6-2
• 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. Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure: A Comprehensive Overview The Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure is a legal instruction that pertains to maritime law. This instruction guides the jurors on the principles of maintenance and cure, which are critical obligations imposed upon employers in cases involving injured seamen or maritime workers. Maintenance and cure refer to the compensation and medical care provided to injured seamen during their recovery period. It is important to note that maintenance and cure are separate from other forms of compensation, such as damages for pain and suffering or lost wages. The Harris Texas Jury Instruction — 6.6.2 highlights the following key aspects related to maintenance and cure: 1. Definition of Maintenance: Maintenance typically refers to the daily living expenses that an injured seaman incurs while they are unable to work due to their injury or illness. These expenses may include rent, utilities, food, transportation, and other necessities. The instruction emphasizes that maintenance should address the reasonable living costs the seaman would have incurred while working at sea. 2. Definition of Cure: Cure encompasses the medical treatment expenses that an injured seaman requires, including doctor visits, hospitalization, surgeries, medication, rehabilitation, and any other necessary healthcare services. The instruction underscores that employers must provide adequate medical care to injured seamen without any cost burden on the seaman. 3. Employer's Obligation: The instruction reinforces the legal principle that employers have an absolute obligation to provide maintenance and cure to injured seamen, regardless of whether the employer was at fault for the injury. This obligation typically continues until the seaman reaches maximum medical improvement or until the seaman's employment relationship with the employer is terminated. Different Types of Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure: 1. Standard Maintenance and Cure: This type of maintenance and cure refers to the regular compensation and medical care provided to injured seamen. It applies to injuries or illnesses that are not caused by the employer's negligence. 2. Additional Maintenance and Cure: In some cases, an injured seaman may be entitled to receive additional maintenance and cure beyond the standard compensation. This could occur when the employer's conduct worsens the seaman's condition, such as delaying or denying medical treatment or failing to provide adequate care. In conclusion, the Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure informs jurors about the legal obligations of employers in maritime injury cases. This instruction emphasizes the importance of providing maintenance and cure to injured seamen, ensuring that they receive necessary financial assistance and medical treatment during their recovery period. Employers failing to fulfill these obligations may face legal consequences.

Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure: A Comprehensive Overview The Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure is a legal instruction that pertains to maritime law. This instruction guides the jurors on the principles of maintenance and cure, which are critical obligations imposed upon employers in cases involving injured seamen or maritime workers. Maintenance and cure refer to the compensation and medical care provided to injured seamen during their recovery period. It is important to note that maintenance and cure are separate from other forms of compensation, such as damages for pain and suffering or lost wages. The Harris Texas Jury Instruction — 6.6.2 highlights the following key aspects related to maintenance and cure: 1. Definition of Maintenance: Maintenance typically refers to the daily living expenses that an injured seaman incurs while they are unable to work due to their injury or illness. These expenses may include rent, utilities, food, transportation, and other necessities. The instruction emphasizes that maintenance should address the reasonable living costs the seaman would have incurred while working at sea. 2. Definition of Cure: Cure encompasses the medical treatment expenses that an injured seaman requires, including doctor visits, hospitalization, surgeries, medication, rehabilitation, and any other necessary healthcare services. The instruction underscores that employers must provide adequate medical care to injured seamen without any cost burden on the seaman. 3. Employer's Obligation: The instruction reinforces the legal principle that employers have an absolute obligation to provide maintenance and cure to injured seamen, regardless of whether the employer was at fault for the injury. This obligation typically continues until the seaman reaches maximum medical improvement or until the seaman's employment relationship with the employer is terminated. Different Types of Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure: 1. Standard Maintenance and Cure: This type of maintenance and cure refers to the regular compensation and medical care provided to injured seamen. It applies to injuries or illnesses that are not caused by the employer's negligence. 2. Additional Maintenance and Cure: In some cases, an injured seaman may be entitled to receive additional maintenance and cure beyond the standard compensation. This could occur when the employer's conduct worsens the seaman's condition, such as delaying or denying medical treatment or failing to provide adequate care. In conclusion, the Harris Texas Jury Instruction — 6.6.2 Maintenance And Cure informs jurors about the legal obligations of employers in maritime injury cases. This instruction emphasizes the importance of providing maintenance and cure to injured seamen, ensuring that they receive necessary financial assistance and medical treatment during their recovery period. Employers failing to fulfill these obligations may face legal consequences.