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Washington Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care

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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.

Washington Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a legal instruction that outlines the responsibilities of individuals involved in personal injury cases in Washington state. This instruction helps guide the jury's understanding of the duty to mitigate damages in relation to seeking and pursuing medical care after an accident or injury. When a person is injured due to the negligence or wrongful actions of another party, they have a legal duty to take reasonable steps to mitigate or minimize their damages. This includes seeking appropriate medical care and following the treatment plan prescribed by healthcare professionals. The purpose of Washington Jury Instruction — 1.2 is to emphasize the importance of pursuing medical care and treatment as a means of mitigating damages. It highlights that failure to do so may result in the injured party being held responsible for any additional harm or worsened condition that could have been avoidable with proper medical attention. In personal injury cases, the injured party must demonstrate that they have met their duty to mitigate damages by providing evidence of their efforts to seek medical care. This evidence may include medical records, doctor's notes, appointment records, and testimonies from healthcare providers. Different types of Washington Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include variations based on specific circumstances. For instance, if there is evidence that the injured party did not seek medical care promptly or failed to adhere to the recommended treatment plan, the instruction may delve into the consequences of such actions on the damages sought. Additionally, instructions could be modified to address cases where the injured party seeks alternative therapies or different types of medical care beyond conventional practices. In such instances, the instruction may discuss the reasonableness of such choices and whether they meet the duty to mitigate damages. To successfully prove mitigation of damages, the injured party must demonstrate that they acted reasonably and within industry standards in seeking medical care. This instruction aids the jury in understanding the importance of pursuing and complying with medical treatment, ensuring a fair evaluation of the damages sought by the injured party.

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The most common way to determine proximate cause is by asking yourself the following question: was the victim's injury a foreseeable consequence of the defendant's action? If the answer is 'yes,' then you can conclude that the act was the proximate cause of the injury.

Proximate Cause: Some courts have scrapped but-for cause altogether, and simply apply the doctrine of proximate cause. Under this test, a defendant whose actions are closely enough related to the result is guilty.

A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.

The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.

Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.

The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.

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.

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Use this instruction only if (1) there is evidence creating an issue of fact as to the injured person's failure to exercise ordinary care in receiving or ... 6 WAPRAC WPI 33.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil ... The duty to mitigate damages applies to a claim for lost earnings.Pattern Jury Instructions ... The Washington Pattern Instructions (WPI) Committee is pleased to announce that the state's pattern jury instructions are available ... Aug 8, 2017 — After the evidence has been presented, I will instruct you on the law that applies to the case and the attorneys will make closing arguments. The jury's duty: It's your duty to listen to the evidence, decide what ... To help you follow the evidence, I'll summarize the parties' positions. The ... First, you must submit all questions in writing. Please don't ask any questions aloud. · Second, the court can't re-call witnesses to the stand for ... The conclusion of each instruction briefly recaps the elements and ends with a recitation of the jury's duty to find the defendant guilty or not guilty. (b) The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and ... Sep 29, 2021 — This book is a compilation of sample jury instructions drafted for a wide variety of civil trials. In each template, the language is drafted ... A plaintiff has no duty to anticipate a tortfeasor's illegal acts and, therefore, has no duty to mitigate damages until after the original injury has occurred.

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Washington Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care