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Jury Instruction - 6.6.2 Maintenance And Cure

Jury Instruction - 6.6.2 Maintenance And Cure 2025

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The document outlines the legal principles surrounding a seaman's entitlement to 'maintenance and cure' under the Jones Act, separate from claims of unseaworthiness. It explains that a seaman is entitled to medical care and living expenses during recovery from injury or illness incurred while in service of the vessel, regardless of employer negligence. The document details the conditions for claiming maintenance and cure, including definitions, obligations of the employer, and circumstances under which additional damages may be awarded for failure to provide these benefits.

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What is the maintenance and cure Jones Act?

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the cases details, understandable to the average juror , and should correctly state the law without misleading the jury or inviting unnecessary speculation.

What are the standard for jury instructions?

Necessity legally excuses the crime charged. The defendant must prove necessity by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.

What does Jones Act insurance cover?

Under the Jones Act, a seaman that has been injured is allowed to recover damages for: Lost wages. Lost earning capacity. Medical expense including past, current, and future medical bills (surgeries, doctor visits, prescription medications)

What is the Jones Act in simple terms?

Seafarers (also referred to as seamen or sailors) who are injured while at sea are entitled to maintenance and cure from their employers or shipowners. Maintenance is an injured seafarers right to day-to-day living expenses. Cure is the seafarers right to medical costs.

What is the necessity jury instruction?

The parties submit jury instruction packets to the Court specific to their cases. Florida Supreme Court Standard Jury Instructions in Civil Cases (Google that!)

What is the maintenance and cure?

No-Fault Compensation Maintenance and cure benefits under the Jones Act are intended to cover injured seamens medical bills and their basic daily living expenses. In contrast, workers compensation benefits typically cover injured employees medical bills and up to two-thirds of their weekly wage or salary.

Jury Instruction - 6.6.2 Maintenance And Cure 2025

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