This agreement is between a potential defendant and the executor or administrator of the estate of decedent. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The North Carolina Settlement Agreement and Release in a wrongful death suit prior to filing a suit is a legally binding agreement between the parties involved in a potential wrongful death claim. This agreement outlines the terms and conditions under which the parties agree to settle the matter outside of court, without initiating a formal lawsuit. In North Carolina, there are different types of settlement agreements and releases that can be executed prior to filing a suit in a wrongful death case. These agreements are commonly known as: 1. Pre-Litigation Settlement Agreement: This type of agreement is entered into by the plaintiff (representing the deceased's estate) and the defendant(s) before the formal filing of a lawsuit. It aims to resolve the dispute and all potential claims arising from the wrongful death incident. The agreement usually includes a release of liability, wherein the plaintiff agrees not to seek any further legal action against the defendant(s) for the same incident. 2. Mediated Settlement Agreement: In some cases, the parties may opt for mediation to reach a settlement in a wrongful death suit before filing a formal lawsuit. Mediation involves the assistance of a neutral third-party mediator who facilitates negotiations between the parties. If an agreement is reached during mediation, the terms and conditions are then memorialized in a settlement agreement and release. 3. Arbitration Award and Release: In certain situations, the parties may agree to resolve their wrongful death dispute through arbitration rather than litigation. Arbitration is a less formal process where an arbitrator, or a panel of arbitrators, reviews the evidence and makes a binding decision. Once the arbitrator renders an award in favor of one party, the prevailing party may enter into a settlement agreement and release with the opposing party to finalize the resolution. Regardless of the specific type of settlement agreement and release executed in North Carolina prior to filing a wrongful death suit, it is crucial for the involved parties to carefully consider the terms and consult with legal counsel before signing. These agreements often outline the compensation amount, payment terms, any confidentiality provisions, and the release of liability.
