Will Injury Lawyer Bolton Discuss The "Last Chance" Rule?
In certain cases, related to personal injury the "last clear chance" is applied. A busy Injury Lawyer in Bolton says in this category of cases both a plaintiff and a defendant are found to have certain amount of fault or liability in causing the accident. In other words, this category of cases is quite different from standard cases of personal injury. It is even interesting to note that the rule or doctrine of "last clear chance" has existed across the ages.
According to a prominent Injury Lawyer in Bolton it is important to have little idea about "contributory negligence" to understand the concept of "last clear chance" related to personal injury cases.
Personal injury cases and contributory negligence
The "last clear chance" has its origin from "common law". Common law is a set of legal rules that have been prepared by judges based on their practical experiences in giving out judgements on cases. The set of common law has been handed down to the younger generations over the ages.
At this stage the Injury Lawyer in Bolton feels it is relevant to mention the basics of common law. It will help gripping the core concept better. Common law stands in sharp contrast to the codified law. The codified law is also called the law in statute. Defense counsels across America frequently bring up the rule of "contributory negligence" while placing arguments in favor of their clients on cases related to personal injury.
In plain and easy words, explains our friendly Injury Lawyer in Bolton the rule of "last clear chance" stands as an exception to the rule of contributory negligence. In this context it is also relevant mentioning another legal rule or doctrine. It is the "unfriendly plaintiff contributory negligence". By virtue of this rule a plaintiff is found to be totally negligent for an accident to take place. If this rule is applied then a plaintiff is never able to recover compensation for the resultant injuries and damages from an at-fault party or defendant. It is relevant mentioning that as of the present situation only four states out of fifty still recognize the doctrine of "contributory negligence", whereas the rest others have discarded it. Rather those states have replaced the doctrine of "contributory negligence" with "comparative negligence".
A renowned Injury Lawyer in Bolton explains the "last clear chance doctrine" was put in place to negate the harshness of contributory negligence. Judges performing their duties across the states that adopted "contributory negligence" must have felt that even a negligent plaintiff should not leave empty-handed. Thus, they penned the doctrine of "the chance rule". To read more
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