- 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.
