Legal Question in Personal Injury in California

Here is the meaning

1542 says that a settlement does not include damages you dont know about at the time of the settlement. The paper you are asked to sign forever waives that right. It is very standard proceedure. You dont have to sign but you will not get any settlement unless you do. There is nothing wrong with signing it as long as you and the doctor are sure you have recovered. If you have any doubt see the doctor again before signing.

DO NOT SETTLE FIND A LAWYER

I read your question and hope that you have not settled with the insurance company. In effect Section1542 releases the insurance company from any claims in thefuture that your daughter might have regarding unknow injuriesin relation to this accident. You mentioned that they weregiving you a small amount. Your wife and daughter could have Before you settle anythingyou should condsider your wifE's and daughter's future. If injuries and pain do arrise 1, 5 or even 10 years from now you cannot request that the insurance pay you for pain and suffering they may have for the rest of your life.I was hit by a car and I didn't get any money for my pain and sufferingbecause their wasn't any at the time. ten years laterI cannot sleep or sit for long periods of time because scar tissue has built up around my hip. Anytime I have a client who has not seen a Chiropractor I send them to oneif only to get checked out. I have had client's who only wanted to replace their tool box after they were rear ended at40 mph because they didn't think that they were hurt. After seeinga chiropractor and an orthopedic surgeon he was dianosed with a seriour back injury that his doctor could not prognose because they don't look for those types of injuries. Atleast get a couple of thousand dollars to put in a bank account just incase something arrises in the future. I know for a fact that the insurance companyis not looking out for your best interests. They want you to signa release for the least amount of money they think you will take.I strongly suggest getting a lawyer right away and not signing the release.You indicated that your property damage has not even been settled yet. Meaningthat this accident occurred rather recently. Sometimes it can take weeks forback injuries to start hurting. Atleast have them go to a chiropractor, the insuranceshould have no problem paying for it. I promise that if you settle this without seeing one problems will come up in the futurethat you wish you could have been reimbursed atleast for the pain and suffering.If you need help deciding what to do please give my office a call. And if you don't want to call me call someone.I don't like to see individuals taken advantage of by the insuranceindustry. I have a toll free number which is 888-5netlaw I have three officesin California and anyone at any of my offices. I would be glad to help.If you don't want any legal help I suggest not signing the release until after you have settled the property damage. They are two seperate claimsand it will give your wife and daughter some time to see if anything starts to hurt and then go to the chiropractor just to be safe and after all thatif you still feel that they have your best interests at heart (they don't) sign therelease, but know that once you sign that release they are not liable for ANY future medical expense or pain and suffering damages.