Can an insurance company in a pain and suffering release of all claims make you sign that your injuries is for life? 22 Answers as of April 25, 2013

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You do not have to sign if you do not want to settle for that amount. If you have not consulted with an attorney, you are making a big mistake.
Answer Applies to: Michigan
Replied: 4/25/2013
Durham Jones & Pinegar | Erven Nelson
If an insurance company pays you any money, it will want a release that covers all of your injuries and claims forever. Otherwise, it won't settle. You need to make sure of what you are signing because generally speaking you can't go back and get more money later unless you can prove some fraud.
Answer Applies to: Nevada
Replied: 4/23/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
Yes, in most releases, that is what you are releasing so you cannot come back in a few years and complain about the same accident.
Answer Applies to: California
Replied: 4/23/2013
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
I would have to read the release of all claims to better assess the context of your question. Typically, the release of all claims just states that you forever release the insurance company and its insured(s) from any and all injuries that resulted from the incident in question. Feel free to contact my office to discuss further.
Answer Applies to: Louisiana
Replied: 4/23/2013
Feldsott & Lee | Stanley Feldsott
Most settlements require a release of all claims, known or unknown. You can decline in which case the case would go to trial and there may be financial consequences to you, depending on your policy.
Answer Applies to: California
Replied: 4/22/2013
    Law Office of Bradley S. Freedberg, PC | Bradley S. Freedberg
    Third party insurance company will not pay you anything unless either you win a case against the other driver or sign a full and final release, before doing anything talk with a lawyer like me.
    Answer Applies to: Colorado
    Replied: 4/22/2013
    Lydy & Moan | C. Gary Wilson
    Most release are standard for releasing all present, past and future claims.
    Answer Applies to: Ohio
    Replied: 4/22/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    In a non-worker's compensation case, such as for an accident, a general release is for life. The insurance company can't make you sign it, but the insurance company won't pay you unless you sign it. Because the release is for life, you need to be sure to consider all possibilities, including the costs of future care and any effects on your future earnings ability. This is where an experienced accident lawyer can be of benefit, especially if the injuries are serious and permanent. Good luck.
    Answer Applies to: Alabama
    Replied: 4/22/2013
    Gates' Law, PLLC | Thomas E. Gates
    It really does not matter. Accepting their settlement bars you form filing a future claim for the defined injuries. Your case should be far enough along to know if all of your injuries are known and treated to the extent possible.
    Answer Applies to: Washington
    Replied: 4/22/2013
    Mike Lewis Attorneys | Mike Lewis
    Yes, insurance companies want a full Release for any and all future claims. There are only a very few limited situations where they would agree to a modified release it is very unlikely they would agree to do that.
    Answer Applies to: North Carolina
    Replied: 4/22/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Nobody can make you sign anything. They CAN and routinely do condition any payment on your signing away all future related claims.
    Answer Applies to: Illinois
    Replied: 4/22/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    Yes! If you want the money that they have offered you now, they can insist that the release apply to all future claims related to the incident for which they are paying you.
    Answer Applies to: California
    Replied: 4/22/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    A release is a release, it is forevermore. So if you have a problem that will continue for a long time into the future you don't sign a release. Release means the ballgame is over. Done, complete.
    Answer Applies to: North Carolina
    Replied: 4/22/2013
    Law Offices of Frank M. Nunes, Inc.
    Law Offices of Frank M. Nunes, Inc. | Frank M. Nunes
    If I understand your question: once an injured party signs a release does that include any later claims that may develop from the original accident - or is the release forever? The answer is yes. Insurance companies want to close their claim files as soon as possible. That is why the often call injured parties within days, sometimes house of the collision / accident. They want to "nip it in the bud", before the true extent of the harm becomes know. As injury claims linger, people being to see more and more of the harms and losses they suffer. These get added to the claim and can increase the value, or money the insurance company may end up paying to settle the claim. California Law says that a release only applies to the known claims from an accident. However, ALL insurance companies make the injured party give up this right when they sign a release for claims to their body or what are called bodily injury claims. This is why you should always consult with an experienced consumer lawyer who helps people with injury matters.
    Answer Applies to: California
    Replied: 4/22/2013
    Law Office of Alan H. Segal
    Law Office of Alan H. Segal | Alan H. Segal
    The short answer to your question is that you will most likely be bound by the terms and conditions of what you sign. The release is essentially a contract. However, the insurance company cannot make you sign. Therefore, before you sign any release form with them, you should consult a professional attorney for advice, especially in such case that you believe future pain and suffering will most likely reoccur due to the injury. Our law office handles many cases like yours and will be glad to take a closer look at the details before you sign any agreement with them.
    Answer Applies to: Massachusetts
    Replied: 4/22/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The cannot make you sign anything. However, if you want to settle your case, you will need to sign a release agreeing that this is a final settlement, and agreeing that you cannot come back later an sue for more money, even if the injury turns out to be worse than you thought. Thus, you are settling your case once and for all and you are agreeing that this is a settlement for your injuries for the rest of your life. Your alternative is to go to trial but any jury award will be for the rest of your life.
    Answer Applies to: South Carolina
    Replied: 4/22/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    They can't make you sign it but that is standard language so you don't come back later and say that you didn't know your injuries are permanent.
    Answer Applies to: Oregon
    Replied: 4/22/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes. If you sign the Release it is over for life. That is why you must get enough.
    Answer Applies to: Virginia
    Replied: 4/22/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    I am not sure if I fully understand the question, but if you are asking whether as part of a pain & suffering settlement, the insurer for the other party may ask you to settle any and all past, present and future claims in exchange for the settlement, the answer is "yes" they may. Indeed, they virtually always do. From their perspective, they want to close the claim for all time and do not wish to have you come back in the future and claim more damages/monies. On the other hand, all Releases are subject to negotiation and if you can get them to leave certain claims open, then that may benefit you/set your mind at rest.
    Answer Applies to: Michigan
    Replied: 4/22/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Yes. It's a contract intending to cover all injuries from the accident, past, present, future and known or unknown.
    Answer Applies to: Washington
    Replied: 4/22/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Yes. If the insurance company is settling with you, it's for a full and final settlement of all claims, regardless of what happens to you in the future. If you aren't sure that the amount offered will adequately compensate you, the perhaps you want to rethink proceeding with the settlement.
    Answer Applies to: Ohio
    Replied: 4/22/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    It is pretty standard for such releases to state that your injuries "are or may become permanent."
    Answer Applies to: Georgia
    Replied: 4/22/2013
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