QUESTION
Can an insurance company in a pain and suffering release of all claims make you sign that your injuries is for life?
Asked on Apr 22nd, 2013 on Personal Injury - Georgia
15 ANSWERS
Ronald A. Steinberg
You do not have to sign if you do not want to settle for that amount. If you have not consulted with an attorney, you are making a big mistake.
Answered on Apr 25th, 2013 at 9:46 PM
If an insurance company pays you any money, it will want a release that covers all of your injuries and claims forever. Otherwise, it won't settle. You need to make sure of what you are signing because generally speaking you can't go back and get more money later unless you can prove some fraud.
Answered on Apr 23rd, 2013 at 10:17 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Yes, in most releases, that is what you are releasing so you cannot come back in a few years and complain about the same accident.
Answered on Apr 23rd, 2013 at 2:08 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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I would have to read the release of all claims to better assess the context of your question. Typically, the release of all claims just states that you forever release the insurance company and its insured(s) from any and all injuries that resulted from the incident in question. Feel free to contact my office to discuss further.
Answered on Apr 23rd, 2013 at 12:13 AM
Most settlements require a release of all claims, known or unknown. You can decline in which case the case would go to trial and there may be financial consequences to you, depending on your policy.
Answered on Apr 22nd, 2013 at 11:14 PM
Personal Injury Attorney serving Denver, CO
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Law Offices of Bradley S. Freedberg
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Third party insurance company will not pay you anything unless either you win a case against the other driver or sign a full and final release, before doing anything talk with a lawyer like me.
Answered on Apr 22nd, 2013 at 10:15 PM
James Eugene Hasser
In a non-worker's compensation case, such as for an accident, a general release is for life. The insurance company can't make you sign it, but the insurance company won't pay you unless you sign it. Because the release is for life, you need to be sure to consider all possibilities, including the costs of future care and any effects on your future earnings ability. This is where an experienced accident lawyer can be of benefit, especially if the injuries are serious and permanent. Good luck.
Answered on Apr 22nd, 2013 at 9:35 PM
Thomas Edward Gates
It really does not matter. Accepting their settlement bars you form filing a future claim for the defined injuries. Your case should be far enough along to know if all of your injuries are known and treated to the extent possible.
Answered on Apr 22nd, 2013 at 9:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A release is a release, it is forevermore. So if you have a problem that will continue for a long time into the future you don't sign a release. Release means the ballgame is over. Done, complete.
Answered on Apr 22nd, 2013 at 9:20 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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If I understand your question: once an injured party signs a release does that include any later claims that may develop from the original accident - or is the release forever? The answer is yes. Insurance companies want to close their claim files as soon as possible. That is why the often call injured parties within days, sometimes house of the collision / accident. They want to "nip it in the bud", before the true extent of the harm becomes know. As injury claims linger, people being to see more and more of the harms and losses they suffer. These get added to the claim and can increase the value, or money the insurance company may end up paying to settle the claim. California Law says that a release only applies to the known claims from an accident. However, ALL insurance companies make the injured party give up this right when they sign a release for claims to their body or what are called bodily injury claims. This is why you should always consult with an experienced consumer lawyer who helps people with injury matters.
Answered on Apr 22nd, 2013 at 9:12 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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They can't make you sign it but that is standard language so you don't come back later and say that you didn't know your injuries are permanent.
Answered on Apr 22nd, 2013 at 2:36 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The cannot make you sign anything. However, if you want to settle your case, you will need to sign a release agreeing that this is a final settlement, and agreeing that you cannot come back later an sue for more money, even if the injury turns out to be worse than you thought. Thus, you are settling your case once and for all and you are agreeing that this is a settlement for your injuries for the rest of your life. Your alternative is to go to trial but any jury award will be for the rest of your life.
Answered on Apr 22nd, 2013 at 2:35 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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I am not sure if I fully understand the question, but if you are asking whether as part of a pain & suffering settlement, the insurer for the other party may ask you to settle any and all past, present and future claims in exchange for the settlement, the answer is "yes" they may. Indeed, they virtually always do. From their perspective, they want to close the claim for all time and do not wish to have you come back in the future and claim more damages/monies. On the other hand, all Releases are subject to negotiation and if you can get them to leave certain claims open, then that may benefit you/set your mind at rest.
Answered on Apr 22nd, 2013 at 2:34 PM
NA richard@jandjlaw.com
Yes. It's a contract intending to cover all injuries from the accident, past, present, future and known or unknown.
Answered on Apr 22nd, 2013 at 2:34 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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It is pretty standard for such releases to state that your injuries "are or may become permanent."
Answered on Apr 22nd, 2013 at 2:34 PM