New York Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care In New York, the duty to mitigate in general pursuing medical care is an important aspect of personal injury cases. It is the responsibility of the injured party to take reasonable steps to mitigate or minimize their damages by seeking and following appropriate medical treatment. Keywords: New York, jury instruction, duty to mitigate, general, pursuing medical care, types There are two main types of New York Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care that may be applicable in different scenarios: 1. Standard Duty to Mitigate: Under this instruction, the jury is informed that the injured party has a duty to take reasonable care of their injury and to actively seek appropriate medical treatment. This duty includes promptly seeking medical attention, following the advice of medical professionals, attending doctor's appointments, and adhering to prescribed treatment plans. The purpose of this instruction is to ensure that the injured party takes all reasonable steps to minimize their damages. Failure to fulfill this duty may result in the reduction of damages awarded by the jury, as the defendant can argue that the injured party's negligence in mitigating their damages contributed to their worsening condition. 2. Exceptional Circumstances: In certain cases, there may be exceptional circumstances that excuse or limit the injured party's duty to mitigate. Examples of such circumstances include: — Medical advice contradicting the need for additional treatment: If a qualified medical professional advises against pursuing further medical care, the injured party may not be required to continue treatment. — Financial constraints: If the injured party cannot afford the necessary medical treatment or their insurance coverage is insufficient, their duty to mitigate may be limited. However, the injured party should still make reasonable efforts to seek out alternative, affordable options. — Religious or cultural beliefs: If seeking certain types of medical care conflicts with the injured party's religious or cultural beliefs, their duty to mitigate may be reduced. However, they should make diligent efforts to find alternative treatments that align with their beliefs and still address their condition. In all cases, the injured party must be able to provide credible evidence to support any exceptional circumstances claimed, as the burden of proof lies upon them. The jury will evaluate whether the injured party acted reasonably based on the situation presented. Overall, New York Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care emphasizes the importance of the injured party's duty to actively seek and follow appropriate medical care to minimize their damages. This instruction ensures fairness in assessing the extent of the defendant's liability and the injured party's responsibility in mitigating their losses.
New York Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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FAQ
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
Criminal Jury Instructions (CJI) The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on trial ...
Curative instructions. Curative instructions are instructions curing some error that occurred during trial. For example, during opening statements it is improper to attack opposing counsel or to question the credibility of a party.