New Mexico Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a legal instruction that pertains to personal injury cases where the injured party has a duty to reasonably mitigate their damages by seeking necessary medical care. This instruction highlights the importance of the injured party taking reasonable steps to minimize their injury and avoid worsening the condition through negligent behavior. Keywords: New Mexico, jury instruction, duty to mitigate, pursuing medical care, personal injury cases, damages, reasonable steps, minimize injury, negligent behavior. Different types of New Mexico Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include: 1. Duty to Mitigate Medical Expenses: This instruction specifically focuses on the injured party's obligation to seek and pay for reasonable medical treatments that are necessary to mitigate the damage caused by the accident. It emphasizes that the injured party cannot neglect their responsibility to pursue appropriate medical care, as failure to do so may affect the compensation awarded. 2. Duty to Mitigate Future Medical Costs: This instruction addresses the injured party's duty to pursue ongoing and future medical treatments to minimize the long-term impact of their injuries. It emphasizes the need for the injured party to seek medical care and follow the prescribed treatment plan. 3. Duty to Mitigate Non-Medical Damages: This instruction expands the duty to mitigate beyond medical care and includes steps that the injured party should take to minimize non-medical damages. This can include reducing lost wages, minimizing property damage, or taking actions to prevent further harm or expenses resulting from the injury. 4. Duty to Mitigate Emotional Distress: In cases where emotional distress is claimed, this instruction may highlight the injured party's responsibility to take reasonable steps to mitigate the emotional impact of the accident or injury. This can involve seeking therapy, counseling, or participating in other appropriate interventions to address and cope with emotional distress. Overall, New Mexico Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care underscores the injured party's obligation to act reasonably in seeking medical care and taking steps to minimize the overall damages resulting from an accident or injury.
New Mexico Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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That said, under the New York City law, case law has established that punitive damages may be awarded if it is shown that an employer discriminated with ?willful or wanton negligence, or recklessness,? or where there is a ?conscious disregard of the rights of others or conduct so reckless as to amount to such disregard ...
In New York, courts have held that punitive damages can be appropriate when there's clear and convincing evidence that a defendant's conduct exhibits: Willful or wanton negligence, or. A high degree of moral turpitude.
It is rational where the actions complained of are harsh, vindictive, and show contempt for the rights of others. The quantum of punitive damages must also be RATIONAL. It is rational where the quantum is proportional to the wrong and the effect of the wrong committed by the defendant.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant's conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.
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.