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.
A Nebraska Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677 is a legal document used in the state of Nebraska to resolve claims against the government under the Federal Tort Claims Act (FTA). This stipulation allows parties involved in a lawsuit against the government to reach a settlement agreement without proceeding to trial. Under 28 U.S.C. Section 2677, the government has the authority to settle claims for money damages caused by the negligent or wrongful acts, omissions, or misconduct of federal employees acting within the scope of their employment. The Nebraska Stipulation for Compromise Settlement provides a framework for negotiating and finalizing such settlements in accordance with federal law and regulations. This stipulation outlines the terms and conditions that parties must agree upon to settle a claim. It typically includes the following details: 1. Identification of the Parties: The stipulation identifies the claimant (plaintiff) and the United States as the defendant. It may also include other relevant parties involved in the settlement negotiation, such as insurance companies or legal representatives. 2. Background and Facts: This section describes the incident or event that led to the claim against the government. It provides a concise summary of the facts and circumstances of the claim, including dates, locations, and any other pertinent details. 3. Legal Basis and Liability: The stipulation may outline the legal theories and statutes upon which the claimant's case is founded. It clarifies the liability of the government or its employees and establishes the grounds for seeking compensation. 4. Settlement Amount: The stipulation specifies the agreed-upon compensation amount to be paid by the government to the claimant. This amount is typically negotiated between the parties and evaluated based on factors like medical expenses, lost wages, pain and suffering, and future damages. 5. Release and Dismissal: The stipulation includes a provision whereby the claimant agrees to release the government and its employees from any further liability, and in return, the government agrees to dismiss the pending lawsuit without prejudice. Additionally, there are no specific types of Nebraska Stipulations for Compromise Settlement Pursuant to 28 U.S.C. Section 2677. However, the content and terms of these stipulations may vary depending on the nature of the claim, the extent of damages, and the unique circumstances of each case.