QUESTION
Is a general release of claims a legal binding document if notarized and signed by attorney?
Asked on Apr 30th, 2013 on Personal Injury - Michigan
More details to this question:
I asked my mother to ask for her personal injury claim. Inside were 2 general releases for 2 different amounts signed, dated with different dates, with attorney signature and notarized. Are they valid?
13 ANSWERS
Personal Injury Attorney serving San Diego, CA
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Law Office of Evan M. Himfar
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A release should be signed by the party unless the attorney was given authority to sign on the client's behalf.
Answered on May 02nd, 2013 at 3:10 AM
There should only be one release per accident/lawsuit by your mother. Find out from the attorney why there are two. If you mother got paid for the highest one, then why try to void it?
Answered on May 01st, 2013 at 12:30 AM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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If your mother signed them, the they are likely enforceable. If she did not and only the attorney did (and/or her signature I'd forged) she may have a claim for legal malpractice and a complaint should be made to the Washington State Bar Association to investigate and get the scoundrel's license revoked. This is a very serious breach of ethics and law.
Answered on Apr 30th, 2013 at 11:54 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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I am not understanding the facts very well. Is the mother a party to the law suit Or are you the party to the law suit and your mother signed on your behalf. If your mom signed on your behalf, did she have the requisite authority (ie. power of attorney) Are you a minor and she is your guardian ad item. If your mom were the party to the law suit and she signed it, then she has given the general release of liability under Cal. Civil Code Sec. 1542 and it is binding on her. In order to escape the general release, she will have to show that she was somehow drunk, coerced, insane etc. to get out of it. If you are the party to the law suit and your mom signed for you, then it will be a question of whether she had the requisite authority to do so. I need more facts.
Answered on Apr 30th, 2013 at 11:52 PM
James Eugene Hasser
To be binding, your mother needs to sign them as well. Good Luck.
Answered on Apr 30th, 2013 at 11:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A release should be signed by the person not injured, not by her attorney (unless he has a power of atty)a release that is properly executed is binding. Are you sure you have properly documents? Sounds like you do not.
Answered on Apr 30th, 2013 at 9:28 PM
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Releases are generally binding, although certain circumstances sometimes allow a person to escape the provisions of a release. I do not know what to make of there being two separate releases, unless one is for a property damage claim and one is for personal injuries. You will have to talk with the lawyer involved with the case.
Answered on Apr 30th, 2013 at 8:57 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Usually, if a document has been notarized, then it is a valid. Of course, different situations dictate different responses. I would need to know a bit more about the facts before saying anything more definitive.
Answered on Apr 30th, 2013 at 8:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Have to see the documents and understand the circumstances, but I would presume then to be valid until shown otherwise.
Answered on Apr 30th, 2013 at 8:33 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Signed and notarized releases would normally be legally binding, but the one item that does not make sense here is that there are two of them, with different amounts. The lawyer has some explaining to do.
Answered on Apr 30th, 2013 at 8:27 PM
Thomas Edward Gates
The release should have been signed by your mother.
Answered on Apr 30th, 2013 at 8:21 PM
Typically, a release must be signed by the injured party which I assume in this case would be your mother. Without more detail about your situation, it is a little hard to give you more advice.
Answered on Apr 30th, 2013 at 8:06 PM
Ronald A. Steinberg
Not usually.
Answered on Apr 30th, 2013 at 8:05 PM