Florida Jury Instruction — Personal Injury is a set of guidelines provided to jurors in personal injury cases conducted within the state of Florida. These instructions outline the legal principles and standards that jurors must apply when deliberating a personal injury case. By adhering to these instructions, jurors ensure that their decisions align with Florida law and are fair and just for all parties involved. Florida Jury Instruction — Personal Injury encompasses various types of instructions that jurors may receive based on the specific circumstances of the case. Some common types of instructions are: 1. General Negligence: These instructions highlight the duty of care owed by individuals or entities to others and the standard of conduct required to prevent harm. They discuss how negligence can be determined and the burden of proof on the plaintiff to establish negligence. 2. Comparative Negligence: In cases where the plaintiff's own actions contributed to their injury, jurors are provided with instructions on comparative negligence. These instructions detail how the percentage of fault is divided between the plaintiff and the defendant and how it affects the amount of damages awarded. 3. Causation: Causation instructions help jurors understand the link between the defendant's actions or negligence and the plaintiff's injuries. They explain the "but for" test, which determines whether the injury would have occurred irrespective of the defendant's conduct. 4. Proximate Cause: Proximate cause instructions assist jurors in determining whether the defendant's actions were the direct cause of the plaintiff's injuries or if any intervening events were the primary cause. These instructions aim to establish a clear connection between the defendant's conduct and the damages sustained. 5. Damages: Instructions pertaining to damages inform jurors about the types of compensatory damages that may be awarded to the plaintiff. They provide guidance on how to calculate economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and emotional distress. 6. Intentional Torts: In cases involving intentional harm, jurors may receive specific instructions on intentional torts such as assault, battery, defamation, or false imprisonment. These instructions outline the elements required to prove intent and how intent factors into the liability of the defendant. Each of these instructions plays a crucial role in guiding jurors through the complex legal aspects of personal injury cases. They ensure that jurors understand their responsibilities and can make informed decisions based on the evidence, testimony, and legal principles presented during the trial.
Florida Jury Instruction - Personal Injury
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FAQ
As is stated by Florida jury instruction 504.9, a breaching defendant does not have pay damages if they can prove that the plaintiff could have reasonably avoided those damages.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (defendant) was guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant).
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.
Criminal trials require twelve jurors with a minimum of one alternate. All juries are drawn on the first day you report. If you are not selected, your jury service will be over that day. If selected, a juror serves an average of three to five days during a term of court.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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.