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WRONGFUL DEATH LEGAL GLOSSARY |
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Glossary of Wrongful
Death Terms
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Impairment or Intoxication:
Those states that refer to Driving While Intoxicated (DWI) or Driving While
Impaired (DWI) usually have definitions that are similar to being under the
influence.
Implied Warranty of Merchantability:
Warranty that guarantees that goods purchased by consumers are reasonably fit
for their ordinary purpose.
Inadequate Warning: These cases refer to
injuries, or even death, caused as a result of a product which was sold without
a proper warning to the consumer. In North Carolina, an injured person must
prove that the manufacture acted unreasonably in failing to provide such a
warning, that the failure to provide such warning proximately caused the injury,
and also one of the following: when the product without an adequate warning left
control of the manufacturer, it created an unreasonably dangerous condition that
the manufacturer knew, or should have known, posed a substantial risk of harm;
or after the product left the manufacturer’s control, the manufacturer became
aware of or should have known that the product posed a substantial risk of harm
to a reasonably foreseeable user and failed to take reasonable steps to give
adequate warning. In wrongful death cases, a family member could attempt to
provide this information/ evidence on behalf of the deceased person.
Injury: Detrimental changes to a victim's
physical, mental or emotional state for which the victim should be entitled to
reasonable compensation.
Investigator: Often, a lawsuit will require more extensive investigation.
An experienced law firm can properly provide a private investigator for
collection of additional evidence, such as witness statements, photographs of an
accident site, or background research and/or location of potential defendants.
Insurance Defense Attorney: When the
negligent parties in a personal injury claim become the defendants in a lawsuit
and the formal complaint is served upon them, their insurance company will
secure the services of a defense attorney to represent their interests. The
defense attorney is legally representing the defendant, but is actually being
paid by the insurance company. This can occasionally produce conflicts of
interest which an experienced personal injury attorney can make use of to his
client's benefit.
DISCLAIMER: The
information contained within this personal injury site is of a general nature
and is not meant to be a restatement of any rules of law. Your
use of this site does not create an attorney-client
relationship. You should hire an attorney to obtain legal
advice for your specific case.
© Copyright 2004,
Consultwebs.com, Inc., All rights reserved. Personal
Injury Law
Glossary.
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