Jury Instruction - 6.6.2 Maintenance And Cure

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US-11CF-6-6-2
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About this form

The Jury Instruction - 6.6.2 Maintenance and Cure form provides legal guidelines to juries in cases involving a seaman's claim for maintenance and cure. This form includes sample jury instructions that illustrate the legal obligations of an employer towards a seaman who experiences an illness or injury while in service. Unlike other jury instructions, this form specifically addresses the unique considerations related to maintenance and cure claims under the Jones Act, ensuring that the jury can clearly assess the entitlement based on the facts presented.

Main sections of this form

  • Clarification of seaman status: Establishes criteria for determining if the plaintiff qualifies as a seaman.
  • Explanation of maintenance and cure: Defines what maintenance includes (food, lodging) and the responsibilities of the employer for medical care.
  • Special interrogatories: Provides a series of questions for the jury to consider related to the claim.
  • Guidelines on double recovery: Clarifies that damages under the Jones Act or unseaworthiness claims cannot overlap with maintenance and cure claims.
  • Criteria for additional damages: Outlines the conditions under which a seaman may be awarded further compensation for willful failure to provide maintenance and cure.
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When to use this document

This form should be used in legal proceedings when a seaman has filed a claim for maintenance and cure due to injury or illness incurred while in service of a vessel. It is particularly applicable when determining whether the employer fulfilled their obligation to provide care and sustenance during the period of recovery. This form ensures the jury understands the legal framework required to make an informed decision about maintenance and cure claims.

Who can use this document

  • Juries involved in maritime injury cases related to maintenance and cure claims.
  • Attorneys representing seamen in claims against vessel owners or employers.
  • Legal educators and practitioners seeking a reference for jury instructions specific to maritime law.

Instructions for completing this form

  • Determine the seaman's status: Assess the evidence presented to establish if the plaintiff qualifies as a seaman.
  • Evaluate the claim for maintenance: Consider if the plaintiff was provided food and lodging during recovery.
  • Assess the provision of medical care: Review the employer's actions regarding medical expenses and care.
  • Answer special interrogatories: Direct the jury to address the specific questions related to the claims.
  • Make a decision on damages: Evaluate if there was willful failure to provide maintenance and cure and calculate any additional compensation accordingly.

Notarization requirements for this form

Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.

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Mistakes to watch out for

  • Failing to accurately determine seaman status before evaluating the claim.
  • Confusing maintenance and cure claims with Jones Act or unseaworthiness claims, leading to overlap in damages.
  • Neglecting to consider the time period for which maintenance is owed.
  • Overlooking the need for clear evidence of willful failure by the employer to provide maintenance or cure.

Benefits of using this form online

  • Convenient access: Downloadable and easily accessible 24/7 from any device.
  • Edit and customize: Tailor the form to fit the specific needs of your case.
  • Reliable guidance: Developed by licensed attorneys to ensure accuracy and legal compliance.

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Jury Instruction - 6.6.2 Maintenance And Cure