|
WRONGFUL DEATH LEGAL GLOSSARY |
 |
Glossary of Wrongful
Death Terms
A
B C
D E
F G
H I
J K L
M N
O P
Q R S
T U
V
W X Y Z #
Click on
the first letter of the word from the list above to go to
the appropriate section of the glossary. Contact us if you would like a personal injury law glossary or
one of other legal glossaries for
your website.
- S -
Settlement Demand:
The "settlement demand" is often the most important document prepared
in a personal injury claim. If the case settles before a lawsuit is filed, it is
usually as the result of a settlement demand that the attorney has prepared and
delivered to the opposing insurance adjustor. And even if the case does not
resolve after a settlement demand is prepared, the demand can often set the tone
for continuing attempts at settlement as case goes forward into litigation. When
an attorney prepares a settlement demand, they must carefully analyze all
factors that relate to liability (how and why the other parties are responsible
for the injuries or death that occurred) and damages, including the actual
injuries that were suffered, past and future medical expenses, past and future
wage loss, and general damages (often referred to as "pain and
suffering"). There are a great many factors that can affect the value of a
claim, and all of these must be carefully weighed in order to present a
settlement demand that is high enough to achieve a full-value settlement for the
client, but not so ridiculously high that the insurance adjustor dismisses it
out of hand. Many people who attempt to resolve their own claims without knowing
what the claim is worth will either present a demand that is either too low to
get them what they deserve or too high to be taken seriously.
Settlement: A "settlement"
refers to the resolution of a claim or lawsuit at any stage, prior to a jury
verdict or a binding arbitration award. This simply means that the involved
parties have decided to "settle" their dispute at some agreed upon
value. This is done entirely at the discretion of the people involved. However,
once a settlement agreement is entered into, it becomes binding upon the
parties. An experienced attorney will always have two goals for settling a
client's case: to do so efficiently (at the least cost to the client) and at a
full and fair value.
Statute of Limitations: A statute of
limitations is an established legal deadline that requires a person who has
suffered a serious injury to file a lawsuit within a certain time after the date
of injury or lose forever his or her rights to sue for compensation.
Strict Liability: In the past,
"buyers beware" was the prevailing legal notion. Current law, however,
imposes strict liability on corporations or individuals who make defective
products. Strict liability makes everyone involved in the making of consumer
products potentially accountable for any resultant personal injury. It assumes
that manufacturers and sellers must reasonably try to protect consumers ,
whether they do so by providing warnings when potential hazards accompany
specific products or by ensuring that defective or malfunctioning parts are not
used in their wares. Failure to do so can result in their being slapped with a
product liability lawsuit.
Subpoena Duces Tecum: If there are records
which will help your defense such as medical records indicating back or leg
problems that affected your ability to perform field sobriety tests, I will
subpoena those records from your doctors so that they are part of the court
record.
Surcharge: An extra charge added to the
base price of something.
Suspended License: Your license will be
suspended license after a drunk driving/ DUI / OUI arrest. You license is
suspended for 180 days after a first offense arrest if you refuse to take a
breath test, or 45 days if you take a breath test and fail (register over a
.08 BAC). Higher license suspension penalties are applied if you are under 21.
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.
|
