New Hampshire 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.

Title: New Hampshire Jury Instruction — 6.6.2 MaintenancAndrianaAn Overviekeywordsds: New Hampshire, jury instruction, 6.6.2, maintenance and cure Introduction: New Hampshire Jury Instruction — 6.6.2 Maintenance And Cure is a legal guideline that provides clear instructions for jurors regarding the concept of maintenance and cure in personal injury cases. This instruction aims to ensure a fair trial by explaining the legal principles, liabilities, and remedies associated with maintenance and cure claims. In New Hampshire, there are various types of jury instructions relating to maintenance and cure, each addressing different aspects of this legal doctrine. Types of New Hampshire Jury Instruction — 6.6.2 Maintenance And Cure: 1. Introduction to Maintenance and Cure: This type of instruction acquaints jurors with the basic concept of maintenance and cure, emphasizing the rights and responsibilities of the injured maritime worker. It explains that maintenance and cure is a form of compensation provided to seamen for necessary medical care and living expenses while recovering from work-related injuries or illnesses. 2. Eligibility and Scope of Maintenance and Cure: This instruction details the criteria that determine eligibility for maintenance and cure benefits, clarifying that an injured seaman is entitled to these benefits regardless of fault, negligence, or the cause of the injury. It elaborates on the broad scope of maintenance and cure, encompassing medical expenses, living allowances, and other necessary costs during the recovery period. 3. Determining Reasonable Maintenance and Cure: This instruction sheds light on how jurors should assess the reasonableness of maintenance and cure claims. It outlines factors such as medical bills, previous wages, anticipated rehabilitation expenses, and living costs that jurors should consider when determining a fair and reasonable compensation amount. 4. Duration and Termination of Maintenance and Cure: This type of instruction provides guidance on the appropriate duration of maintenance and cure benefits, articulating that seamen are entitled to these benefits until they reach maximum medical improvement (MMI). Jurors will learn that maintenance and cure can be terminated if the injured seaman refuses to comply with reasonable medical treatment or engages in misconduct that exacerbates their condition. 5. Burden of Proof: This instruction highlights the burden of proof borne by the injured party in establishing eligibility for maintenance and cure. Jurors will be instructed to evaluate the evidence presented by both parties and determine whether the injured seaman has proven, by a preponderance of the evidence, that their injury or illness occurred while in the service of the vessel. Conclusion: New Hampshire Jury Instruction — 6.6.2 Maintenance And Cure provides comprehensive guidelines to jurors in personal injury cases involving maritime workers. These instructions ensure that jurors understand the legal principles and factors they should consider when determining fair compensation regarding maintenance and cure claims.