Car Wreck Release for Personal Injury Claim
If you find a personal injury release confusing, you are not alone. Below is an example of a typical personal injury release used to resolve and fully conclude a personal injury claim. The most important part about a personal injury release is that by signing a release, your injury claim is fully concluded no matter how severe your injuries may have been.
To make this point to my clients when we are distributing the proceeds from the personal injury claim, I recite the following example:
“You go back to the doctor tomorrow and he says you are going blind in your right eye because of the injuries you sustained in the car accident. It does not matter how severe your injuries are or when they are discovered, signing this release means you can not recover anything further.”
So when you settle a car wreck injury claim and sign the release tendered by the insurance company, your personal injury claim is completely done; there is no room to try and wiggle your way out of it.
Further, if you will read the example below, the release makes it clear that the settlement includes everything but any amounts that were paid by your insurance company as no-fault benefits. So if your health insurance paid some of your medical bills, you had better contact them to see if they will be asserting al lien against your case. Otherwise, they may knock on your door after the settlement is achieved and inform you that they want some of the money you recovered from your settlement. https://www.attorneydesmond.com/erisa-and-health-insurance-subrogation-claims/
Example of a Standard Personal Injury Release:
The undersigned, _____________, hereby acknowledges receipt of $_______ minus attorney fees in the amount of $_________, for a net sum received in the amount of $__________, exclusive of PIP, but inclusive of any and all liens, which sum is accepted in full settlement and satisfaction of, and as sole consideration for, the full release and discharge of all claims that may now or hereafter exist against ________________ and her successors, assigns, heirs, executors, administrators, beneficiaries, agents, and/or legal representatives on account of injuries to ___________, the treatment thereof and any consequences growing therefrom as a result of an accident which occurred on _______________ in ____________, Kentucky.
This Settlement Agreement and Release (hereinafter “Release”) extends and applies to all unknown, unforeseen and unexpected damages, losses and liability as well as to those now known to exist.
The undersigned, ____________________, acknowledges that this settlement is a compromise of a disputed claim and that payment is not to be construed as an admission of liability by any of the parties, their agents or insurers.
The undersigned, _____________________, warrants that no promise or other inducement has been offered, that this Release is executed without reliance upon any statement or representation by any party released, its representatives or any other party concerning the nature and extent of damages and liability and that the undersigned, is legally competent and fully authorized to execute this Release and accepts full responsibility therefore.
The undersigned further states and acknowledges he/she has read this Release and fully understands its terms and he/she has signed this Release, of their own free will.
This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. __________________________________________ STATE OF KENTUCKY COUNTY OF __________________ Subscribed and sworn to before me by Krystal Eckert, as natural parent and next friend of Silas Eckert, a minor, this ____ day of ____________________, 2018. My Commission pires: ______________________. NOTARY PUBLIC ID#____________
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