Illinois Jury Instruction — Personal Injury: A Comprehensive Guide Introduction: Illinois jury instructions are legal guidelines and explanations provided to jurors by the judge during a trial. These instructions help jurors understand the law and apply it to the specific facts of the case before them. In personal injury cases, specific Illinois jury instructions are given to guide jurors in determining liability, damages, and other crucial aspects related to personal injury claims. Types of Illinois Jury Instructions — Personal Injury: 1. Elements of Negligence: — This instruction provides jurors with a detailed description of the essential elements required to establish a negligence claim in a personal injury case. It outlines the duty of care, breach of duty, causation, and damages. — Keywords: negligence, duty of care, breach, causation, damages. 2. Comparative Fault: — This instruction addresses situations where the plaintiff's own negligence may have contributed to the personal injury. Illinois follows a modified comparative fault system, allowing the plaintiff to recover damages based on their percentage of fault. — Keywords: comparative fault, contributory negligence, modified comparative fault, percentage of fault. 3. Duty to Mitigate Damages: — This instruction explains to the jury that the plaintiff has a legal duty to take reasonable steps to minimize their damages once injured. Failure to do so might reduce the amount of compensation they are entitled to. — Keywords: duty to mitigate, mitigation of damages, reasonable steps. 4. Medical Expenses: — This instruction guides the jury on how to assess the plaintiff's medical expenses. It informs them about what types of medical costs are recoverable and how to determine their reasonableness. — Keywords: medical expenses, recoverable costs, reasonableness. 5. Pain and Suffering: — This instruction helps the jury understand how to evaluate and calculate damages for the plaintiff's pain and suffering. It outlines factors to consider, such as the nature and extent of the injuries. — Keywords: pain and suffering, non-economic damages, evaluation of damages. 6. Lost Wages and Future Earnings: — This instruction explains how to calculate damages for lost wages and future earning capacity in personal injury cases where the plaintiff is unable to work or faces reduced earning potential due to the injury. — Keywords: lost wages, future earnings, earning capacity, calculation of damages. 7. Wrongful Death: — In cases where personal injury results in death, this instruction guides the jury in evaluating damages for losses suffered by the deceased's family. It covers aspects such as loss of support, companionship, and funeral expenses. — Keywords: wrongful death, damages evaluation, loss of support, funeral expenses. Conclusion: Illinois jury instructions play a vital role in personal injury cases by ensuring that jurors have a clear understanding of the law and their responsibilities when deciding the outcome. These instructions help maintain consistent application of the law across various personal injury cases, promoting fairness and justice for all parties involved.
Illinois Jury Instruction - Personal Injury
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Illinois Pattern Jury Instruction 5.01 is generally available when the following conditions have been met: (1) the missing witness was under the control of the party to be charged and could have been produced by reasonable diligence; (2) the witness was not equally available to the opposing party; (3) a reasonably ...
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
For example, Illinois law allows a plaintiff who is a minor at the time his or her legal claim accrues to file their lawsuit within 2 years of their 18th birthday (unless the normal statute of limitations gives them a longer period of time to file their lawsuit).
IPI 21.01 defines burden of proof in terms of what is more probably true than not true. This is considered preferable to a statement requiring proof by a ?preponderance? or ?greater weight? of evidence.
30.04.02 Loss of a Normal Life--Definition This includes a person's inability to pursue the pleasurable aspects of life.
This term specifically relates to personal injury cases, when a defendant's negligence or reckless behavior causes the victim's family to lose a connection with the victim. Loss of consortium cases happen when a partner or family lose the joys of companionship, affection, love, comfort, or sexual intimacy.
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.?
Elements of damages, such as medical expenses or lost wages, but can be challenging with the more subjective elements, such as pain and suffering, loss of consortium/society or future damages. Thus, it is helpful to look at cases interpreting the specific elements of damage for guidance.