This form is used to set forth the terms and conditions stipulated to in order for parties to compromise for settlement on a claim brought under the Federal Tort Claims Act. This form is used pursuant to pursuant to 28 U.S.C. Section 2677.
Keyword: North Carolina Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677 In North Carolina, a Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677 refers to a legal agreement between parties involved in a federal tort claim. It outlines the terms and conditions under which the plaintiff agrees to settle their claim against the United States government. This stipulation is governed by federal law, specifically 28 U.S.C. Section 2677, which allows the United States to enter into a settlement agreement for claims arising from the actions of federal employees, acting within the scope of their employment. The stipulation typically contains several important elements: 1. Identification of Parties: The stipulation starts by identifying the plaintiff, who is the individual or entity that is bringing the claim against the United States government. It also identifies the defendant, which is the United States government or the relevant federal agency. 2. Description of Claim: The stipulation provides a detailed description of the allegations and facts surrounding the claim. This includes the date, location, and circumstances leading to the claim, as well as any injuries or damages suffered by the plaintiff. 3. Consideration: The stipulation mentions the amount of money that the plaintiff agrees to accept as a settlement, referred to as the consideration. This amount is usually negotiated between the parties but should be fair and reasonable in relation to the damages suffered. 4. Release of Liability: Upon accepting the settlement, the plaintiff agrees to release the United States government or federal agency from any further liability related to the claim. This means that the plaintiff cannot pursue any legal action or seek additional compensation for the same incident. 5. Confidentiality Clause: In some cases, the stipulation may include a confidentiality clause, which prohibits both parties from discussing the terms and conditions of the settlement publicly. This protects the privacy and reputation of both the plaintiff and the government agency involved. It is important to note that North Carolina Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677 only pertains to settlements involving claims against the United States government. It does not cover settlements with individuals, private organizations, or state agencies. Different types of stipulations may exist depending on the nature of the claim, such as medical malpractice claims, personal injury claims, or property damage claims against the government. Ultimately, the North Carolina Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677 serves to provide a fair and efficient resolution to federal tort claims, ensuring that both the plaintiff and the government can move forward without the need for costly and time-consuming litigation.
