Legal Question in Personal Injury in Rhode Island

Incapacitated Party/Release of Liability

Can a person diagnosed with schizophrenia execute a valid and binding release of liability? Specifically, can a person, medically diagnosed with schizophrenia, release a tortfeasor from any future liability arising from the tortious conduct? In addition, would an attorney representing such individual be liable for malpractice in advising him to execute a release as to personal injuries arising out of the tort? This attorney settled the case for $750.00 and it now appears that the schizophrenia was a direct result of trauma causally related to the tort. The "victim" had to leave Graduate School, where he was on a full scholarship and stipend, and is unable to work now because of his disability.


Asked on 1/27/98, 3:04 pm

1 Answer from Attorneys
Jonathan Gould Attorney-at-Law

SIGNING RELEASE BY ARGUABLY INCOMPETENT PERSON

IF THE RELEASE WAS NOT MENTALLY COMPETENT TO SIGN THE DOCUMENT, THERE MAYBE A DEFENSE TO ITS ENFORCEMENT. HOWEVER, WITH THE RELEASEE HAVING BEEN GUIDED BY COUNSEL TO SIGN THE RELEASE, IT MAY BE VERY DIFFICULT TO CHALLENGE ENFORCEABILITY AGAINST THE TORTFEASOR. HOWEVER, THERE MAY BE LEGAL MALPRACTICE CLAIM IF IT CAN BE SHOWN THAT BUT FOR THE NEGLIGENCE OF THE ATTORNEY, THE RELEASEE WOULD HAVE PREVAILED ON THE UNDERLYING CLAIM AND RECEIVED ADDITIONAL DAMAGES. PLEASE ADVISE IF YOU WANT TO CONSULT WITH THE UNDERSIGNED AT MY OFFICE.

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Answered on 1/29/98, 1:41 pm


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