Illinois Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is an important legal instruction in Illinois that addresses the responsibility of an injured party to take reasonable steps to mitigate their damages by seeking appropriate medical care. When an individual becomes injured due to the negligence or wrongdoing of another party, they may have a legal claim for compensation. In such cases, it is crucial for the injured party to promptly seek medical care and do everything possible to mitigate their damages and promote their own recovery. This duty to mitigate is based on the principle that individuals should not unreasonably allow their injuries to worsen or escalate when proper medical care can help alleviate those damages. It is expected that the injured party will exercise reasonable care and judgment in pursuing medical care. Under Illinois Jury Instruction — 1.2, the injured party has a duty to mitigate their damages by pursuing appropriate medical care. This may include seeking treatment from qualified healthcare professionals, following their medical advice, attending scheduled appointments, participating in prescribed therapies, and taking recommended medications. It is important to note that failure to fulfill this duty may affect the injured party's ability to recover damages. If the defendant can demonstrate that the injured party failed to mitigate their damages, the court may reduce the amount of compensation awarded accordingly. While there are no different types of Illinois Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care, it is a general instruction that is applicable in various personal injury cases, such as car accidents, slip and falls, medical malpractice, and workplace injuries. Keywords: Illinois, Jury Instruction, 1.2, duty to mitigate, pursuing medical care, injured party, damages, negligence, wrongdoing, compensation, legal claim, reasonable care, judgment, medical advice, therapies, medications, qualified healthcare professionals, personal injury cases, car accidents, slip and falls, medical malpractice, workplace injuries.
Illinois Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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What does "mitigation" mean? Whenever anyone has a legal claim against another, they have a duty to mitigate damages. That means you have to do what you can to minimize the damages. If you are hurt in a traffic accident, you have to take reasonable steps to get your injuries treated promptly.
A statute in Illinois requires commercial tenants to mitigate their damages when a tenant has been evicted or has moved out before their lease term ended. Mitigation in this context means that the landlord should take reasonable action to obtain a substitute tenant.
Section 9-213.1 of the Code of Civil Procedure, 735 ILCS 5/1-101, et seq., is mandatory, however, and it is the responsibility of the landlord, when proving damages, to also prove that it took reasonable measures to mitigate damages, whether or not the landlord's requirement to mitigate damages was raised as an ...
(a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment.
Yes, failure to mitigate damages is an affirmative defense. The defendant has to raise the issue. The defense has to present the evidence that the plaintiff didn't reasonably reduce damages. Once the defense raises the question of failure to mitigate damages, the plaintiff can refute it.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?