A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
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 Virginia Harvey Waiver is a legal term that refers to a specific aspect of personal injury settlements and insurance claims in the state of Virginia. This waiver is designed to allow parties involved in a personal injury case to reach a settlement without going through a lengthy court battle. By signing this waiver, the injured party agrees to accept a specific amount of money offered by the at-fault party or their insurance company, in exchange for giving up the right to pursue further legal action related to the injury. Virginia recognizes several types of Harvey Waivers, each serving a different purpose in personal injury cases: 1. Full and Final Waiver: This type of Harvey Waiver completely releases the liable party from any future claims or legal actions related to the injury. By signing this waiver, the injured party agrees to accept a settlement amount and forfeits any rights to seek additional compensation for medical expenses, lost wages, or pain and suffering caused by the accident. 2. Limited Release Waiver: A Limited Release Waiver is a more restricted version of the Harvey Waiver. It typically allows the injured party to receive a settlement for specific damages or injuries while preserving the right to pursue further legal action regarding other aspects of the case. For instance, if a person settles for medical expenses but wishes to pursue a claim for lost wages, a Limited Release Waiver can be employed. 3. Third-Party Harvey Waiver: In some cases, a third party, such as an insurer, may require the injured party to sign a Harvey Waiver before receiving the settlement. This type of waiver often aims to protect the third-party payer from potential future claims or lawsuits related to the injury. It is important for individuals involved in personal injury cases in Virginia to carefully consider the implications of signing any type of Harvey Waiver. Consulting with an experienced attorney is strongly advised to ensure they make an informed decision and understand the consequences of the waiver on their rights to seek further compensation.The Virginia Harvey Waiver is a legal term that refers to a specific aspect of personal injury settlements and insurance claims in the state of Virginia. This waiver is designed to allow parties involved in a personal injury case to reach a settlement without going through a lengthy court battle. By signing this waiver, the injured party agrees to accept a specific amount of money offered by the at-fault party or their insurance company, in exchange for giving up the right to pursue further legal action related to the injury. Virginia recognizes several types of Harvey Waivers, each serving a different purpose in personal injury cases: 1. Full and Final Waiver: This type of Harvey Waiver completely releases the liable party from any future claims or legal actions related to the injury. By signing this waiver, the injured party agrees to accept a settlement amount and forfeits any rights to seek additional compensation for medical expenses, lost wages, or pain and suffering caused by the accident. 2. Limited Release Waiver: A Limited Release Waiver is a more restricted version of the Harvey Waiver. It typically allows the injured party to receive a settlement for specific damages or injuries while preserving the right to pursue further legal action regarding other aspects of the case. For instance, if a person settles for medical expenses but wishes to pursue a claim for lost wages, a Limited Release Waiver can be employed. 3. Third-Party Harvey Waiver: In some cases, a third party, such as an insurer, may require the injured party to sign a Harvey Waiver before receiving the settlement. This type of waiver often aims to protect the third-party payer from potential future claims or lawsuits related to the injury. It is important for individuals involved in personal injury cases in Virginia to carefully consider the implications of signing any type of Harvey Waiver. Consulting with an experienced attorney is strongly advised to ensure they make an informed decision and understand the consequences of the waiver on their rights to seek further compensation.
