This agreement is between a defendant and the spouse and executor or administrator of the estate of decedent for wrongful death. 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.
Hawaii Settlement Agreement and Release in Wrongful Death Suit after Filing of Suit but Prior to Trial In the state of Hawaii, a Settlement Agreement and Release in a Wrongful Death Suit after filing of the suit but prior to trial refers to a legally binding agreement between the parties involved in a wrongful death case. This agreement comes into play when the parties decide to resolve their dispute and avoid the need for a trial. Different types of Hawaii Settlement Agreement and Release in Wrongful Death Suit after Filing of Suit but Prior to Trial: 1. Lump-Sum Settlement: This type of agreement involves the defendant, typically an individual, company, or organization accused of causing the wrongful death, agreeing to pay a fixed and predetermined amount of compensation to the plaintiff(s) or their representative(s). Once the settlement amount is paid, the defendant is released from all liability related to the wrongful death claim. 2. Structured Settlement: In some cases, instead of a lump-sum payment, the parties may agree on a structured settlement. This means that the defendant would agree to make periodic payments over a specified period to the plaintiff(s) or their representative(s). This approach allows for a more structured financial plan and may offer tax advantages for the recipient. Once the agreed-upon payments are complete, the defendant is relieved of any further liability. 3. Confidential Settlement: This type of settlement agreement is characterized by the inclusion of a confidentiality clause. It means that the terms, details, and amount of the settlement are to remain confidential between the parties involved. This clause ensures that the agreement will not be publicly disclosed, potentially protecting the reputation of the defendant or preventing scrutiny by others. 4. Covenant Not to Sue: In some circumstances, the parties may reach an agreement known as a "Covenant Not to Sue." This agreement essentially states that the plaintiff(s) or their representative(s) will not pursue any further legal action against the defendant related to the wrongful death claim. While not strictly a monetary settlement, it helps bring finality to the case and prevents any future litigation arising from the same incident. It is important to note that each settlement agreement can be different and tailored to the specific circumstances of the case. The terms, conditions, and amount of compensation are typically negotiated between the parties and their respective legal representatives. Parties should consult with experienced wrongful death attorneys to ensure their rights and interests are protected throughout the settlement process.
