This form is a sample set of jury instructions regarding the type of damages to be awarded.
New Jersey Jury Instruction - Personal Injury
State:
Multi-State
Control #:
US-PI-0273
Format:
Word;
Rich Text
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How to fill out Jury Instruction - Personal Injury?
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FAQ
In civil cases any party may suggest to the trier of fact, with respect to any element of damages, that unliquidated damages be calculated on a time-unit basis without reference to a specific sum.
The New Scafidi Charge discussion pertained to the Jury Charge that a Judge gives to a jury in cases where there is a claim that a defendant doctor's negligence combined with a pre-existing condition result in an injury or harm to the plaintiff.
Actual cause, also known as ?cause in fact,? is straightforward. When a bus strikes a car, the bus driver's actions are the actual cause of the accident. Proximate cause means ?legal cause,? or one that the law recognizes as the primary cause of the injury.
The question of proximate cause in this context is ordinarily for the jury unless the facts are undisputed and do not admit reasonable differences of opinion, in which case cause in fact is a question of law for the court.
New Jersey Court Rule -1 (b) provides as follows: ?(b) Closing Statement. After the close of the evidence and except as may be otherwise ordered by the court, the parties may make closing statements in the reverse order of opening statements.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
Proximate cause refers to the primary event or series of events that directly leads to an insured loss. It is the direct cause that sets in motion a chain of events, which ultimately results in the damage or loss covered by an insurance policy.
However, if your injury would not have occurred ?but for? the actions of another, then usually you can conclude there was proximate causation. Usually, this is an easy question. Example: Driver of ?Car A? runs a red light and hits ?Car B,? which had a green light, causing injury to the driver of Car B.