It is like Let's Make a Deal. Do you go for the million dollar briefcase or take the money already won. A compromise settlement is agreement between the parties to a personal injury or wrongful death lawsuit to accept some amount of money other than what the plaintiff wanted and that the defendant was willing to pay in order to avoid the uncertainty of results if the matter goes to trial. For example, in an auto accident case, the plaintiff is certain that the jury will find defendant responsible for the accident and award a million dollars. The defendant is certain that the jury will find that the plaintiff is the one responsible. The reality is that at a trial anything may happen. Total win or total loss. All or nothing. Maybe somewhere in the middle. In order to ensure plaintiff will get something, he settles for less than he thinks he is entitled to. In order to ensure defendant will not have to pay some exhorbitant amount he settles for a bit more than he thinks he is responsible for. Each side compromises his/her claim and settles the case.
A structured settlement is the payments you are receive from a settlement in wrongful death or injury case. Structured settlement funding allows a company to "buy" the future installments of the settlement from the payee. The payee then receives a lump sum from the company and the company receives the future payments.
In the state of California, there is a cap on wrongful death. The cap is set at $250,000. If separate people were involved in the case, they can each have a separate settlement.
You would be looking for an attorney who specializes in personal injury.
I. Duke Avnet has written: 'How to prove damages in wrongful personal injury and death cases' -- subject(s): Personal injuries, Trial practice, Wrongful death
It is difficult to determine the average settlement in a wrongful death lawsuit, because a meau number doesn't address the factors for determining the amount of settlement. These factors are figuring out the life expectancy of the deceased and taking into account how much money he or she would be expected to earn during that time. Therefore, each settlement is unique.
There is no wrongful birth. Only wrongful death.
Two years for personal injury, two years from date of discovery of illness or injury for medical malpractice, and two years for wrongful death.
For personal injury, medical malpractice, and wrongful death in Indiana the statute of limitations is two years.
In general a plaintiff who receives a judgment for personal injury or wrongful death can execute the judgment against all property belonging to the defendant until the judgment award is satisfied. Anyone named as a defendant in a personal injury or wrongful death suit should retain legal counsel immediately and refrain from discussing the matter with anyone other than their legal representative.
For personal injury, medical malpractice, and wrongful death in Louisiana the statute of limitations is one year.
The statute of limitations for personal injury in California is two years with the discovery rule and one year for wrongful death cases.
Two years for negligence/personal injury and two for wrongful death. Two for medical malpractice as well, but starting from discovery of illness or injury.