The Law Offices of Michael A. DeMayo, L.L.P. ® have provided you with a legal dictionary
so that you can better understand some of the legal vocabulary used throughout our website and during your personal injury claim.
Contact the Law Offices of Michael A. DeMayo, L.L.P. ® to schedule a free initial consultation.
Waiver – Knowing and voluntary relinquishment of a right. Compare with release.
Warranty – A promise or guarantee of the integrity of a product written in a contract, expressed verbally, or imposed by law in recognition of the nature of the product or transaction.
Willful Negligence – Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.
Witness – A person who can be called on to provide evidence, establishing the authenticity of an occurrence.
Writ – Broadly, a court order requiring the performance of some act or giving authority to have the act done.
Wrongful Death – A wrongful death is the death of a person caused by the negligence, willful act, or wrongful act of another. In most cases, only the immediate family is able to file a wrongful death claim.
Wrongful Death Action – An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In North Carolina, the action may be brought by the decedent’s spouse, children, or parents. If the decedent has no spouse, children or parents, the action may be brought by a personal representative in order to recover damages for hospital, nursing, medical, funeral and estate administration costs.
Wrongful Death Statute – Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent’s death was caused by someone’s willful or negligent act and to seek compensation for monetary loss suffered because of the decedent’s death.