Legal Glossary - S
Settlement - Settlement refers to the resolution of a lawsuit without going to trial. Settlements are negotiated between the attorneys for the plaintiff and defendant. In turn, those attorneys present the specifics of settlement to the parties they represent who can, in turn, accept or reject the settlement. Sometimes, several settlements are offered before one is agreed upon. Often, settlements are reached just before the trial and sometimes in the early stages of the trial. In the latter case, the terms of settlement are "read into the record" so that they may be enforced if one of the parties does not comply.
Statute of Limitations - This refers to the maximum period of time one can wait before filing a lawsuit. Statute of Limitations laws vary state by state, and suits filed in federal court are subject to limitations set by the federal court. Statutes of limitation can sometimes be extended if it is found that there was a delay based on discovery of the injury. Generally, limitations range from one to six years, with some states - like Rhode Island - being longer, and others - like Louisiana - being quite short. It's important that your attorney is well-versed in the Statute of Limitations laws in the state in which you are filing.
Sue - To sue is to instigate legal proceedings against another; to "bring suit" against someone for recovery of a right or to rectify grievances. For example, a plaintiff will "sue" a defendant if they believe they have been harmed in some way, either physically, mentally, or financially. The process of "suing" begins with the plaintiff's attorney filing a complaint with the local jurisdiction.
Summons - This is a document issued by the court at the time a lawsuit is filed. Delivered to all defendants at the same time, it must include the name of both the plaintiff and defendant(s), the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time. After the summons are served to all defendants, a "return of service" and the original summons is filed with the court in order to prove that all summons were received.
Survival Action - Often brought by a personal representative on behalf of the deceased, a survival action refers to actions for personal injuries which survive the death of the injured person. This is done in order to recover loss to the estate. When death is alleged to be caused by negligence, both a survival action and wrongful death action may be brought.
Last modified: December 27, 2010.
