|
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.
-
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. |
