Every case is different. Settlements and verdicts in all cases depend on various factors and circumstances which are unique to each individual case. Past case results are not a guarantee or prediction of similar results in future cases.

Personal Injury Blog

  • Last Clear Chance

    Posted By Page1Admin || 18-Jan-2011

    Ordinarily if a plaintiff causes or contributes to the incident taking place, the plaintiff is barred under the concept that he was also careless. However, there is a doctrine called "last clear chance", which permits even a negligent plaintiff to recover if the wrongdoer saw that the plaintiff was in a dangerous situation and thereafter, even though he had a fresh opportunity to avoid the injury to the plaintiff, failed to do so. In that situation, the defendant, if he knew (or in DC if he should've known) that the plaintiff was in a position of danger, even if it was a result of his own negligence, but does not act reasonably to avoid the injury to the plaintiff, then the fact that the plaintiff was also negligent will not eliminate the plaintiff from filing suit because the defendant had the last clear chance to avoid the incident and injury to the plaintiff but failed to act reasonably to do so.

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