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

Asked about 1 year ago - 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. Merry Melinda Fountain

    Pro

    Contributor Level 15

    14

    Lawyers agree

    Answered . 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... more
  2. Andrew John Contiguglia

    Pro

    Contributor Level 11

    12

    Lawyers agree

    Answered . 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... more
  3. Randy William Ferguson

    Contributor Level 19

    11

    Lawyers agree

    Answered . 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... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  5. David Ian Schoen

    Pro

    Contributor Level 20

    9

    Lawyers agree

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

  6. Michael R Crosner

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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 .... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

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

  8. Todd Frank Bovo

    Contributor Level 8

    7

    Lawyers agree

    Answered . 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.

  9. David A. Papa

    Contributor Level 16

    6

    Lawyers agree

    Answered . 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.

  10. Gilbert Richard Hoy Jr

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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?

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