Florida Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a legal instruction given to the jury in civil cases involving personal injury or medical malpractice claims in the state of Florida. This instruction informs the jury about the duty of the plaintiff to take reasonable steps to mitigate their damages by seeking and following appropriate medical care. Keywords: Florida Jury Instruction, Duty To Mitigate, Pursuing Medical Care, Civil Cases, Personal Injury, Medical Malpractice, Damages, Plaintiff, Reasonable Steps, Appropriate Medical Care. Different types of Florida Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care may include: 1. Duty to Seek Immediate Medical Attention: This type of instruction emphasizes that plaintiffs have a duty to promptly seek medical attention after an injury. It instructs the jury that if the plaintiff fails to seek medical care in a timely manner, their damages may be reduced accordingly. 2. Duty to Follow Medical Advice: This type of instruction highlights the plaintiff's obligation to follow the advice and treatment prescribed by their healthcare providers. It informs the jury that if the plaintiff fails to adhere to the recommended course of medical care, their damages may be limited. 3. Duty to Mitigate Economic Losses: In cases involving economic damages, this type of instruction explains the plaintiff's duty to take reasonable steps to minimize their financial losses resulting from the injury. It informs the jury that the plaintiff must actively seek alternative employment or other income opportunities to mitigate their economic damages. 4. Duty to Mitigate Non-Economic Damages: This type of instruction focuses on the plaintiff's duty to take reasonable steps to reduce their non-economic damages, such as pain and suffering. It informs the jury that the plaintiff should promptly seek appropriate medical care to alleviate their pain and prevent further complications. 5. Failure to Mitigate Instruction: This instruction is provided to the jury when the defendant claims that the plaintiff failed to mitigate their damages adequately. It informs the jury that if they find the plaintiff did not fulfill their duty to mitigate, the damages awarded should be reduced accordingly. Overall, Florida Jury Instruction — 1.3 Duty To Mitigate In General Pursuing Medical Care is a vital guideline for the jury in assessing the plaintiff's responsibility to actively pursue and comply with appropriate medical care to mitigate their damages.
Florida Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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FAQ
The court may not impose a sentence of death unless each juror individually finds the defendant should be sentenced to death. Even when death is a possible sentence, each juror must decide based on his or her own moral assessment whether life imprisonment without the possibility of parole, or death, should be imposed.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
Florida Standard Jury Instruction (Crim.) 3.7, which is used when requested by a defendant who pleads not guilty, provides in pertinent part that: The defendant has entered a plea of not guilty. This means you must presume or believe the defendant is innocent.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
The Florida Standard Jury Instruction #501.5(a) states that jurors should try to separate the amount of harm caused by the accident versus the harm that had existed previously in the body. However, if they cannot do so, then they should award damages for the entire condition suffered by the claimant.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...