Chicago Illinois Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: This Chicago Illinois Jury Instruction, 1.2, highlights the duty to mitigate damages in personal injury cases specifically related to pursuing medical care. When an individual files a personal injury claim seeking compensation for medical expenses resulting from an accident or injury, it is crucial for the jury to understand the duty of the injured party to mitigate the damages by actively seeking necessary medical care. In personal injury cases, the duty to mitigate requires the injured party to take reasonable steps to prevent further harm or minimize the extent of their injuries once they become aware of them. This instruction emphasizes that the injured party has an obligation to seek appropriate medical care promptly, follow the prescribed treatment plan diligently, and adhere to medical advice provided by healthcare professionals. By outlining this duty, the jury is made aware that the injured party should act responsibly in their pursuit of medical care. The purpose behind this instruction is to ensure that the injured party does not exacerbate their injuries or prolong the recovery process due to negligence or lack of effort to seek proper medical treatment. Different types of Chicago Illinois Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include variations based on specific circumstances. For instance: 1.2(a) Failure to Seek Timely Medical Care: This instruction highlights cases where the injured party fails to promptly seek medical care after becoming aware of their injuries. The jury is informed that if the injured party delays seeking treatment without a valid reason, it may impact their ability to recover full damages. 1.2(b) Non-compliance with Medical Treatment: In cases where the injured party fails to comply with the prescribed medical treatment plan, this instruction educates the jury about the importance of diligently following medical recommendations. It emphasizes that non-compliance may potentially harm the injured party's ability to obtain full compensation. 1.2© Inadequate Efforts to Seek Specialized Care: This instruction focuses on situations where the injured party did not make reasonable efforts to seek specialized medical care when it was necessary for their condition. The jury is informed that failure to seek specialized care may affect their evaluation of damages related to medical expenses. 1.2(d) Failure to Mitigate Damages: This instruction encompasses a broader perspective, highlighting any failure of the injured party to take reasonable steps to mitigate damages and prevent unnecessary harm. It may include aspects beyond medical care, such as failure to attend necessary rehabilitation sessions or neglecting other forms of treatment recommended by healthcare professionals. In summary, Chicago Illinois Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care emphasizes the responsibility of an injured party to actively seek appropriate medical care to minimize their damages. It covers various scenarios where failure to fulfill this duty may impact the injured party's ability to receive full compensation in personal injury cases.
Chicago Illinois Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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Citation Data MLA. prepared by Committee on Model Jury Instructions, Ninth Circuit. Manual of Model Civil Jury Instructions for the Ninth Circuit.APA. prepared by Committee on Model Jury Instructions, Ninth Circuit. ( 1993).Chicago. prepared by Committee on Model Jury Instructions, Ninth Circuit.
Proximate cause is an element of the FDIC's case in chief and not properly pleaded as an affirmative defense.
In order to prove that a defendant is liable for the plaintiff's injury, there must be proof that the defendant's action was the proximate cause of the injury. Since any action can set off a long sequence of unforeseeable consequences, proximate cause limits the scope of a defendant's liability.
Your participation as a juror is just as important as the judge's and the attorney's in the courtroom. Your role as a juror is to get a full understanding of the facts of a criminal case, to evaluate the evidence, and to make an impartial and fair decision. The outcome of a trial by jury relies on you.
Jury instructions are also an important legal research tool because they explain the law in plain language, include what elements need to be proven and provide citations to relevant cases and statutes. From a research standpoint, the most helpful are annotated forms and jury instructions that provide citations.
Jury instructions are an important component of a trial because they focus the jury on the specific issues and laws applicable to the case being tried. Jury instructions should identify the issues the jury will need to decide and help them understand the legal principles of the case.
735 ILCS 5/2-608 (emphasis added). In contrast, an affirmative defense is a defense that, if proven, would mitigate or eradicate the defendant's negligent conduct alleged in the complaint. An affirmative defense is not a separate cause of action.
As such, ?sole proximate cause? is not an affirmative defense. Leonardi v. Loyola Univ., 168 Ill. 2d 83, 101, 212 Ill.
Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don't know that jury service is important for democracy.