Colorado Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care: The Colorado Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a legal instruction provided to jurors in Colorado courts. This instruction focuses on the obligation of individuals to minimize the extent of their damages by seeking reasonable and necessary medical care following an injury or accident. When a person is injured due to someone else's negligence, they may be entitled to compensation for medical expenses. However, the injured party has a duty to mitigate or minimize their damages by promptly seeking appropriate medical care. Jurors are instructed to consider whether the injured party acted reasonably in pursuing medical care. It is crucial to assess whether the injured party sought medical attention promptly, and whether the treatment received was appropriate and necessary for their injuries. Jurors should determine if any delays in seeking treatment were justified, based on the severity of the injuries or other valid reasons. If the injured party failed to mitigate their damages by not seeking medical care or delaying necessary treatment, the jury may reduce the amount of compensation awarded accordingly. This instruction emphasizes that individuals have an obligation to take steps to minimize the impact of their injuries and avoid exacerbating their condition. Some related types of Colorado Jury Instructions — 1.3 Duty To Mitigate In General Pursuing Medical Care may include: 1.3(a) Failure To Mitigate — Pursuing Alternative Treatments: This instruction addresses situations where the injured party fails to fulfill their duty to mitigate damages by not pursuing alternative forms of medical care. It instructs jurors to consider whether the injured party had access to reasonable alternative treatments and whether these alternative options were pursued in a timely manner. 1.3(b) Delayed Pursuit of Medical Care: This instruction focuses on cases where the injured party seeks medical care but delays doing so for an extended period. Jurors are instructed to consider the reasons behind the delay and whether the injured party's actions were reasonable under the circumstances. 1.3© Failure to Comply With Doctor's Orders: In this instruction, jurors are guided to determine whether the injured party failed to mitigate their damages by not complying with their healthcare provider's instructions. It encompasses situations where individuals neglect to follow prescribed treatments, medications, or rehabilitation programs, leading to worsened conditions or prolonged recovery periods. These various instructions collectively emphasize the importance of an injured party's duty to mitigate damages by actively seeking appropriate medical care and following professional advice. By considering these instructions, jurors can assess the extent to which the injured party fulfilled this duty and make fair determinations regarding compensation in personal injury cases.
Colorado Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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From the "Master Jury Wheel," jurors are randomly selected for a one month term of service or occasionally longer depending on the court's jury needs. Each prospective juror is mailed a summons for jury service and instructed to complete a juror qualification questionnaire.
Colorado Method capital voir dire follows several simple principles: (1) jurors are selected based on their life and death views only; (2) pro-death jurors (jurors who will vote for a death sentence) are removed utilizing cause challenges, and attempts are made to retain potential life-giving jurors; (3) pro-death ...
Understanding the Duty to Mitigate In Colorado, a failure to mitigate damages is a defense that may be employed. It requires the defendant to prove the plaintiff had neglected his or her duties. A defendant may assert that the plaintiff failed to make a reasonable effort to minimize further injury or expenses.
But whereas prosecutors and defense attorneys select trial jurors during ?voir dire?, grand jurors are selected by the chief judge upon the advice of prosecutors. Grand jurors hear only from prosecutors and their witnesses; the suspect is not entitled to testify or call witnesses.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
Methods of Scientific Jury Selection The tools at a trial consultant's disposal include community surveys, focus groups, mock trials, pretrial investigations of prospective jurors, and voir dire assistance.
Colorado Jury Instruction for Comparative Negligence The affirmative defense of the comparative negligence of the plaintiff, (name), is proved if you find all of the following: The plaintiff was negligent; and. The negligence of the plaintiff was a cause of the plaintiff's own claimed (injuries) (damages) (losses).
Reason for Disqualification I am not a Citizen of the United States. I am not Eighteen years of age or older. * NOTE: You must submit a birth certificate or state issued id via fax, mail, or email in order to be excused. I am not a resident of Colorado and will NOT return to reside in Colorado in the next 12 months.