Legal Question in Personal Injury in California
Release of claims
If a person settles an accident by paying a set amount of money to the other person, can he have that person sign a release of all claims?
4 Answers from Attorneys
Re: Release of claims
Yes. Let me know if you need help drafting the release.
Re: Release of claims
Thank you for your inquiry.
From the defendant's perspective, a release should be executed as a condition of paying settlement monies because a plaintiff can often bring about further claims based on some other aspect of the circumstances which gave rise to the accident, perhaps asserting that different rights were violated or that a different harm was suffered. Therefore a release should be considered essential to the defendant, or the person who faces a possible lawsuit in the future. If you are someone who is contemplating paying settlement monies, you should execute a comprehensive settlement agreement and release. Should you need assistance, please don't hesitate to contact me at the number indicated below.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com
Re: Release of claims
Yes. You should not pay on the claim until the party to whom you are paying the money signs a release of all claims.
Re: Release of claims
Yes, and that release should include language releasing you from even unknown claims arising from the incident, and should be exchanged for the money.