Virginia Covenant Not to Sue
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How to fill out Covenant Not To Sue?
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FAQ
A release is a waiver or relinquishment of a known right. A release of liability will relinquish or destroy the injured party's cause of action. A covenant not to sue, on the other hand, is not a waiver of a known right; nothing is relinquished or destroyed.
Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident. But if they moved to avoid a bicyclist riding on the road, the bicyclist's unsafe driving might be the proximate cause.
The special damages category is more quantitative because it includes a specific amount of money for medical bills and a certain amount of money for lost wages. Those are added up and those are the special damages.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
Proximate Cause: Some courts have scrapped but-for cause altogether, and simply apply the doctrine of proximate cause. Under this test, a defendant whose actions are closely enough related to the result is guilty.
A proximate cause of [an accident; an injury; damages; death] is a cause that, in natural and continuous sequence, produces the [accident; injury; damage; death]. It is a cause without which the [accident; injury; damage; death] would not have occurred.
Actual cause, also known as ?cause in fact,? is straightforward. When a bus strikes a car, the bus driver's actions are the actual cause of the accident. Proximate cause means ?legal cause,? or one that the law recognizes as the primary cause of the injury.
In any suit brought for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any such reimbursement be admitted into evidence.