New Jersey Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: In personal injury cases, one important aspect is the duty of the plaintiff (injured party) to mitigate their damages by seeking and pursuing reasonable medical care. The New Jersey jury instruction — 1.2 Duty to Mitigate in General Pursuing Medical Care, instructs the jurors regarding the plaintiff's responsibility to mitigate their injuries and the impact it may have on the assessment of damages. Keywords: New Jersey, jury instruction, duty to mitigate, pursuing medical care, personal injury cases, damages, jurors, responsibility, assessment. Different Types of New Jersey Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Duty to Seek Immediate Medical Attention: This instruction emphasizes that the duty to mitigate starts with seeking prompt medical care after an injury. It explains that the plaintiff should reasonably have sought immediate medical attention to prevent exacerbating their injuries or developing any complications. 2. Duty to Follow Doctor's Instructions: This instruction focuses on the plaintiff's responsibility to follow the prescribed treatment plan and comply with their healthcare provider's recommendations. It emphasizes that failure to follow medical advice or treatment may hinder the plaintiff's recovery and potentially impact the damages they are entitled to. 3. Duty to Continue Treatment: This instruction highlights the plaintiff's obligation to continue pursuing appropriate medical care until maximum recovery or stabilization of their injuries. It explains that discontinuing treatment prematurely or without reasonable justification might be viewed as a failure to mitigate damages. 4. Duty to Explore Reasonable Treatment Options: This instruction instructs the jury on the plaintiff's duty to reasonably explore and pursue appropriate treatment options available to mitigate their injuries. It emphasizes that the plaintiff cannot neglect or refuse treatment options recognized as reasonable by medical professionals. 5. Duty to Mitigate Future Damages: This instruction takes into account the plaintiff's duty to continue mitigating damages even after the trial or settlement. It informs the jury that the plaintiff has an ongoing responsibility to take reasonable steps to minimize future damages and prevent any worsening of their condition. 6. Mitigation as a Factor in Assessing Damages: This instruction informs the jury that the plaintiff's failure to mitigate damages may impact the amount of compensation they could receive. It explains that if the plaintiff did not fulfill their duty to mitigate, the jury may consider reducing the damages awarded accordingly. By understanding these various aspects of New Jersey Jury Instruction — 1.2 Duty to Mitigate in General Pursuing Medical Care, jurors can appropriately evaluate the plaintiff's actions in mitigating their damages and make informed decisions regarding the compensation they deserve.
New Jersey Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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New Jersey plaintiff attorneys counsel clients on reasonable measures. A plaintiff's duty to mitigate damages is widely recognized in business and employment litigation. Put simply, if Party A breaches a contract, Party A must pay damages for the economic loss the breach causes Party B.
Duty to mitigate damages is the legal concept that a victim should do everything reasonable that they can to keep their losses from becoming worse. Mitigating damages means taking positive, proactive steps to reduce the total amount of harm that the victim suffers because of the accident.
When catastrophe strikes your home or business, your insurance policy requires that you immediately make every reasonable effort to stop the damage and protect all insured property from further or additional damages.
What is the duty to mitigate damages? In essence, this concept means that you have a responsibility to minimize your damages. Your duty to mitigate damages can arise either explicitly (most insurance contracts will have some language to this effect) or may arise by implication (implied by the law of contracts).
In a breach of contract case, upon receiving notice that one party to a contract does not intend to perform, the other party is required to mitigate damages, meaning that it must take reasonable efforts to avoid further losses from the breach.