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WRONGFUL DEATH LEGAL GLOSSARY |
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Glossary of Wrongful
Death Terms
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Negligence:
Negligence generally means that a person's conduct falls below a legally
recognized standard of taking reasonable care under the circumstances. It may
develop from carelessness or thoughtless conduct, or a failure to act when a
reasonable person under the same circumstances would have so acted. Negligence
is the basis for liability in the majority of serious injury, or wrongful death
lawsuits. The essential elements of actionable negligence are the existence of a
duty in the face of a foreseeable danger owing to the injured party, a breach of
that duty, injuries proximately resulting from that breach and damages.
Notice of Claim: Notification to an
insurance company that an injury has been sustained and that the injured is
filing a claim in which he or she is requesting monetary recovery for damages
from the injury.
Notice of Defective Condition:
Notification to a manufacturer or other entity responsible for putting a product
into the stream of commerce that an injury has been sustained because of a
defect in its product for which the injured is requesting monetary recovery for
damages from the injury.
Net Wage Loss: Typically, gross income
lost, minus liability for taxes and Employment Insurance premiums. For example,
a gross income of $60,000 per year, reduced by taxes of $20,000 and E.I.
premiums of $1,000, would produce a net income of $39,000. Therefore, in this
example, someone not able to work for a year would have suffered a $39,000 net
wage loss.
Not Guilty: The verdict you hope to hear
in your DUI, DWI, or drunken driving case after being represented by one of our
well-qualified DUI defense lawyers.
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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