Oregon 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.

Oregon Jury Instruction — 6.6.2 Maintenance And Cure: A Comprehensive Overview Oregon Jury Instruction — 6.6.2 Maintenance And Cure is an important legal concept that guides jury members in personal injury cases involving maritime or admiralty law. This instruction addresses the rights of injured seamen or maritime workers to seek compensation for their medical expenses and living costs while they are recovering from an injury. Keywords: Oregon, jury instruction, 6.6.2, maintenance and cure, personal injury, maritime law, admiralty law, compensation, medical expenses, living costs, injured seamen, maritime workers, recovery, injury. Maintenance and cure is a principle rooted in centuries of maritime law where employers have a maritime duty to provide their injured employees with necessary medical care, treatment, and financial assistance during the recovery period. This instruction emphasizes the employers' obligation to maintain a seaman's wages (maintenance) and cover their medical expenses (cure) until they have reached maximum medical improvement. In Oregon, there are different types of jury instructions under the umbrella of Maintenance And Cure, including: 1. Maintenance And Cure — Preliminary Instructions: This instruction describes the basic concepts and principles related to maintenance and cure, ensuring that jurors understand their roles and responsibilities in evaluating the evidence presented during the trial. 2. Elements of Maintenance And Cure: This instruction outlines the essential elements required to establish a claim for maintenance and cure. It provides specific criteria that the injured seaman must fulfill to prove their entitled right to compensation. 3. Employer's Duty to Provide Reasonable and Necessary Medical Care: This instruction highlights the employer's legal obligation to provide necessary medical care to injured seamen or maritime workers. It emphasizes that the medical treatment must be reasonable, appropriate, and aimed at achieving maximum medical improvement. 4. Determining Reasonable Maintenance Amount: This instruction guides the jury in determining the appropriate maintenance amount that the employer should provide. It takes into account various factors, including the injured seaman's actual living expenses, loss of wages, and any other financial hardship endured during the recovery period. 5. Calculation of Cure Expenses: This instruction assists the jury in calculating the monetary value of the injured seaman's medical expenses. It encourages the jury to carefully review the evidence presented regarding medical bills, consultations, surgeries, rehabilitation costs, and any other necessary medical treatments. Remember, when considering Oregon Jury Instruction — 6.6.2 Maintenance And Cure, jury members must evaluate the evidence presented during the trial and apply the applicable laws to determine whether the injured seaman has met their burden of proof for maintenance and cure compensation. In conclusion, Oregon Jury Instruction — 6.6.2 Maintenance And Cure is a crucial guideline for jury members in personal injury cases involving maritime or admiralty law. It ensures that injured seamen or maritime workers receive fair compensation for their medical expenses and living costs during the recovery period. By understanding the different types of jury instructions related to maintenance and cure, jury members can make informed decisions based on the evidence presented in the trial.