Maine Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care instructs the jury regarding the responsibility of a plaintiff to take reasonable steps to minimize or mitigate their damages when pursuing medical care after an injury. This instruction is relevant in personal injury cases where the plaintiff must show that they have taken appropriate actions to limit their losses and mitigate any potential harm. In such cases, it is crucial for the jury to understand that the plaintiff has a duty to seek and receive reasonable medical treatment to prevent further harm or exacerbation of their injuries. The instruction emphasizes that the plaintiff must act reasonably and cannot neglect or fail to pursue appropriate medical care without a valid reason. Keywords: Maine, jury instruction, 1.2, duty to mitigate, pursuing medical care, personal injury cases, damages, harm, minimize, mitigate, injury, reasonable steps, medical treatment. Different types of Maine Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include: 1. Standard Instruction: This is the generic instruction that is commonly given to juries in personal injury cases, outlining the general duty of the plaintiff to mitigate damages by seeking and following appropriate medical care. 2. Modified Instruction for Specific Injuries: In some cases, modifications to the standard instruction might be necessary based on the nature of the specific injury involved. For instance, if the injury is related to a certain body part or has special medical considerations, the instruction might be tailored to address those specific circumstances. 3. Instruction in Complex Cases: In complex personal injury cases involving multiple defendants or extensive medical treatments, the instruction might be expanded to provide more detailed guidance to the jury about the duty to mitigate. This helps ensure that the jury fully understands the plaintiff's responsibility in pursuing medical care. 4. Instruction for Failure to Mitigate Defense: Occasionally, defendants may argue that the plaintiff failed to take reasonable steps to mitigate their damages, which affected the outcome of the case. In such instances, the instruction may be modified to address the defense's argument and guide the jury in evaluating the validity of the claim. 5. Jury Instruction in Medical Malpractice Cases: In medical malpractice cases, where the negligence or wrongdoing of a healthcare professional is alleged, the duty to mitigate instruction may include specific considerations relevant to healthcare providers and their actions. Overall, the Maine Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care helps guide the jury's understanding of the plaintiff's obligation to pursue reasonable medical care and take appropriate steps to minimize their damages in personal injury cases.
Maine Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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The first twelve to eighteen names on a random list of jurors will be called. These people will take seats in a jury box. The rest of you will remain seated in the courtroom. The judge will explain what the case is about, how long the case will last, and introduce the lawyers and parties to you.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
87, §1 (RPR).] 2. Basis for excuse. A qualified prospective juror may be excused from jury service only upon a showing of undue hardship, extreme inconvenience, public necessity or inability to render satisfactory jury service because of physical or mental disability.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.