Ninth Circuit Pattern Jury Insturctions - What the Jury Will be Instructed if Your Jones Act Injury Case Goes to Trial
Experienced maritime injury lawyers must have a thorough understanding of the jury instructions that will likely be used in your case. The maritime lawyers at Beard Stacey & Jacobsen are skilled at developing the facts of your injury case so that when the jury is instructed on the law, the evidence will lead to judgment in your favor. We know the law and how to explain your case to the Jury so that you can get the compensation you deserve.
Federal Maritime Law governs cases involving Jones Act Seamen. Whether your case goes to trial in State or Federal Court, the jury will be instructed about Federal Maritime Law. Although each case is different, in almost all cases the Court will look to the Federal Court Pattern Jury instructions. These instructions are specifically designed for use in cases involving the Jones Act, and under the General Maritime Law for unseaworthiness and for maintenance and cure. Depending upon the facts of your case they may need slight modification.
In Jones Act cases, in cases filed in Alaska, Washington, Oregon, and California, it is likely that the 9th Circuit Court of Appeals Pattern Jury Instructions will be used heavily in most trials. These pattern jury instructions provide guidance on important issues like seaman status, elements of Jones Act Negligence and burdens of proof, definition of negligence and legal causation, definitions of unseaworthiness and comparative fault, and explain to a jury the employer's duty to provide maintenance and cure.
The most recent Ninth Circuit Pattern Jury Instructions for Jones Act negligence claims were published in 2007. They contain Pattern Instructions on the following issues:
Jones Act Negligence - Elements and Burden of Proof
Jones Act Negligence Defined
Jones Act Negligence - Causation Defined
Unseaworthiness - Elements and Burden of Proof
Unseaworthiness - Causation Defined
Comparative Fault in Jones Act and Unseaworthiness Actions
Seaman's Compliance with Directions and Orders - No Comparative Fault
Maintenance and Cure - Elements and Burden of Proof
Maintenance and Cure - Willful and Arbitrary Failure to Pay
If you have questions about your rights to compensation, contact a maritime lawyer at Beard Stacey & Jacobsen for a free initial consultation. They know how accidents happen aboard ship and how your injuries could have been prevented.