This form is a Complaint For Injuries Under FELA-Jury Trial Demand. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
North Carolina Complaint For Injuries Under FELA - Jury Trial Demand
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FAQ
The last clear chance doctrine allows plaintiffs the chance of recovery even if they were negligent in their actions. In North Carolina, this doctrine plays a major role for plaintiffs as contributory negligence presents a potentially significant obstacle to recovery.
Under the last clear chance doctrine, a defendant will be liable despite the plaintiff's inattentive peril only if she had actual knowledge of the peril. Inattentive peril exists where a plaintiff, through his own negligence, is in a position of actual peril from which he could extricate himself if he were attentive.
The last clear chance doctrine mitigated the consequences of contributory negligence rules. Under this doctrine, a defendant can still be held responsible for harm if the defendant had the last clear opportunity to avoid injuring the plaintiff and failed to take that opportunity when a reasonable person would have.
The last clear chance doctrine is used in tort law for cases involving negligence and is applied when both the plaintiff and defendant are responsible for an accident that resulted in harm. When applied in states with contributory negligence laws, it is often seen as a type of exception or limitation to those laws.
An answer is a response to a complaint that has been filed against you. These forms allow you to file a document telling the Judge which parts of the Plaintiff's complaint that you agree and disagree with. YOU MUST FILE THESE DOCUMENTS WITHIN 30 DAYS OF BEING SERVED WITH THE PLAINTIFF'S COMPLAINT.
? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.
The last clear chance doctrine allows plaintiffs the chance of recovery even if they were negligent in their actions. In North Carolina, this doctrine plays a major role for plaintiffs as contributory negligence presents a potentially significant obstacle to recovery.
In North Carolina, the doctrine of contributory negligence essentially bars an injured party from receiving recovery if the damages suffered are partially their own fault. North Carolina is one of only four states to still follow this old common law principle.