Mississippi Jury Instruction - 6.6.2 Maintenance And Cure

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Mississippi Jury Instruction — 6.6.2 Maintenance And Cure is a legal concept pertaining to maritime law that enforces the obligation for employers to provide necessary and reasonable medical treatment, living expenses, and wages to injured seamen or maritime workers during the period of recovery. This instruction is often given to juries in cases involving personal injuries sustained by seafarers or maritime workers. Maintenance and cure is an established principle in maritime law, aiming to protect the rights and well-being of seamen injured or falling ill while working on vessels. It ensures that injured seamen receive adequate care and financial support until they reach maximum medical improvement. The responsibility of providing maintenance and cure lies with the employer, regardless of whether the employer was negligent or at fault for the injuries or illness suffered by the seaman. Under this instruction, the jury is informed that maintenance refers to the daily living expenses a seaman would have if they were still on the vessel. It covers costs such as rent, food, utilities, and other necessities. Cure, on the other hand, encompasses the necessary medical treatment and rehabilitation services needed for the injured seaman to recover. The Mississippi Jury Instruction — 6.6.2 Maintenance And Cure recognizes that an injured seaman has the right to be compensated for these expenses until the seaman reaches maximum medical improvement or until the point where no further significant improvement is anticipated from medical treatment. This principle applies regardless of whether the injuries were caused by the negligence of the employer or any other party. It is crucial to note that the seaman must promptly report the injuries or illness to the employer to be eligible for maintenance and cure benefits. Failure to report the incident in a timely manner may affect the seaman's entitlement to these benefits. Different types of Mississippi Jury Instruction — 6.6.2 Maintenance And Cure may include variations that are specific to particular claims or circumstances. Some possible types could include instructions tailored for cases involving: 1. Accidents on vessels: These instructions would cover injuries sustained due to accidents onboard a vessel, such as slip and falls, equipment malfunctions, or collisions. 2. Occupational diseases: These instructions would apply to cases where the seaman develops a medical condition or illness as a result of their work environment, exposure to hazardous materials, or repetitive tasks. 3. Long-term illnesses or injuries: In instances where the seaman's injuries or illnesses require extended medical treatment and rehabilitation, specific instructions may be given to address the ongoing maintenance and cure needs. 4. Claims against third parties: If the seaman's injuries were caused by a third party, such as a product manufacturer or another vessel operator, the jury instruction may involve additional elements to determine liability and the responsibility for maintenance and cure. It is essential for the jury to understand the fundamental principles of Mississippi Jury Instruction — 6.6.2 Maintenance And Cure in order to make informed decisions regarding the seaman's entitlement to compensation for their living expenses and medical treatments during their recovery period. These instructions ensure that employers fulfill their obligations to injured seamen and provide a fair legal framework for resolving maritime injury cases.