Alabama Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care: The duty to mitigate refers to the responsibility of a plaintiff in a personal injury lawsuit to take reasonable steps to minimize or mitigate their damages. Specifically, in cases involving pursuing medical care, there are various considerations and instructions provided to the jury in Alabama. When it comes to Alabama Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care, there can be different types based on specific scenarios or circumstances. Some of these variations may include: 1. Failure to Seek Prompt Medical Attention: This type of jury instruction focuses on the duty of the plaintiff to promptly seek medical care after an injury. It highlights that if the plaintiff delays in seeking necessary medical attention, the defendant may not be fully responsible for any aggravated damages resulting from the delay. 2. Failure to Follow Recommended Medical Treatment: This instruction emphasizes that it is the plaintiff's duty to comply with the medical treatment recommended by qualified healthcare professionals. If the plaintiff fails to follow the prescribed treatment plan or unreasonably refuses additional treatment that could lead to their recovery or improvement, the defendant's liability may be reduced or limited accordingly. 3. Alternative Medical Treatment: In cases where the plaintiff seeks alternative or non-traditional medical treatment methods, this instruction clarifies that the duty to mitigate still applies. It explains that the plaintiff should pursue reasonable medical care given the circumstances, and failure to do so might affect the damages they can claim from the defendant. 4. Failure to Attend Follow-Up Medical Appointments: This instruction highlights the importance of attending follow-up appointments as directed by healthcare professionals to mitigate damages and aid recovery. If the plaintiff unjustifiably skips or cancels essential appointments, their duty to mitigate may be compromised, potentially reducing the defendant's liability. 5. Failure to Mitigate Non-Medical Damages: While primarily focused on medical care, this instruction may also touch upon the duty of the plaintiff to mitigate non-medical damages. It reminds the jury that the plaintiff should take reasonable steps to minimize other related losses, such as lost wages, by actively seeking alternative employment opportunities if available. In summary, Alabama Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care provides guidance to the jury in personal injury cases regarding the plaintiff's responsibility to mitigate damages through timely and reasonable pursuit of medical care. By presenting relevant instructions tailored to specific circumstances, the jury can determine the extent of the defendant's liability, taking into account whether the plaintiff fulfilled their duty to mitigate.
Alabama Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.
Any person summoned for jury service who fails to appear as directed may be ordered by the district court to appear and show cause for his or her failure to comply with the summons. Any person who fails to show good cause for noncompliance may be fined, imprisoned, and/or ordered to complete community service.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.
Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
On individual request, a person may be excused from jury service indefinitely or for a particular term or terms of court if such person: (1) is an actively practicing physician, dentist, or registered nurse; (2) is 70 years of age or older; (3) has active care and custody of a child under 10 years of age, or of an aged ...
Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases.