Family Health Legal Library

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Releases for Damages

A related area is the area of releasing someone from liability to pay for injuries to a person or damage to a person's property caused by another person. The legal document which will serve to effectuate such a release is called a Release. We have provided three samples of Releases, including a General Release, a Mutual Release, and a Release for All Claims. Also, for a discussion of related issues see the section about liability for children at college and the sample Release for Property Damage in an Auto Accident.

While the laws regarding Releases vary from state to state, it can be stated with some certainty that if you are responsible for causing injury to any person, or damage to any person's property, you ought to seek to have them sign a Release which will release you from liability to them. The Release should be stated in the broadest terms possible. It is essential that if you pay anyone money to compensate you for such injuries or damages, that you obtain a Release, since without a Release, and even if you have paid the party in full, they might come back to sue you later for other injuries or damages, claiming that your compensation did not compensate them fully for such suffering.

Naturally, if a person has caused you or a member of your family injury or has caused damage to your property, you should never sign a Release, unless you are certain that you are fully compensated. If you do not know how badly injured you are, you should never sign a Release until the extent of the injuries or damage is known to you. Many attorneys would simply advise that you never sign a Release, simply because you cannot anticipate what other consequences might arise from such injury or damage.

The area of Releases may arise with respect to your children away at college and they ought to be advised accordingly. It is almost a certainty that if they are injured or suffer damage to their property, an insurance company or lawyer will be thrusting a Release under their nose to sign. Advise them immediately not to do so. Injuries or significant damage to property should always be discussed with your Plan Attorney, as this is one of the areas of law in which they can provide some of the most helpful assistance.

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