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In my personal injury case settlement process, the ins. Adjuster wants me to notarize a release of all claims form first, before

Aurora, CO |

A check is issued to me by postal service. Should I have terms of our agreement with a pay by date in writing first before signing any release?

Attorney Answers 10


  1. Your release will protect you. I have never had a problem with signing release before check.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


  2. Settlement papers get signed and exchanged before payment is issued. I trust you are settling a nominal case and that is why you do not have an attorney. Proceed with peril as a settled matter is to the proverbial end of time. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. Why are you doing this without a lawyer> Yo are probably making a big mistake. You still have time BEFORE you sign anything.


  4. Signing the Release is standard operating procedure before issuing a settlement check. You should not have any problem receiving the check from the insurance check after they receive the signed Release. However, I agree that you need to take signing the Release very seriously, because it means the monies offered is all you will ever receive for your injuries from the collision. I have had many people come to me after signing a Release and later learning they were more seriously injured, sometimes even needing surgery. Unfortunately it was too late to help them because they had singed a Release.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  5. Do yourself a big favor & at least have a local personal injury attorney review your case & the settlement release - many attorneys offer free or reduced fee consultations.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  6. It is standard procedure for a insurance carrier to require your signature on a release before it issues you a settlement check. Never in my practice has an insurance carrier sent money first and a release second.

    I would be cautious settling your case without an attorney consultation. I've had many clients who came to our firm after an insurance company offered them a low settlement and had regretted the resolution because their claim was worth more than they settled for. An experienced PI lawyer can help you evaluate the value of your claim and advise you whether you should accept a settlement offer. People forget that insurance companies are not in the business of helping people. They are in the business of making money. The longer their money stays in the bank, the more interest it gains. And the less they pay out to claimants, the more they get to keep. Insurance is a business, not a charity.

    Contiguglia / Fazzone, P.C. / Standing up for you, when others sit down! / www.contifazz.com / Just because I answered your question, that does not create an attorney - client relationship between us unless and until there is a written fee agreement in place formalizing our attorney - client relationship.


  7. Have one of the above lawyers review before signing your life away.


  8. When all is said and done, I believe that the best advice is to consult with one or more of the local injury lawyers who answered above. Call and ask for a free, initial consultation before signing anything. What do you have to lose?


  9. Insurance companies often live by the motto delay, deny, defend. I think it is a very good idea to include a date in the release when payment will be received. I usually give them 14 days after the release has been signed and received. That gives them more than enough time to draft the check and send it to you.


  10. Although it is standard operating procedure for the insurance adjuster to send over a release for proper notarization/ signing it is equally as important for your attorney to carefully review the release to adequately protect your interests.

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