I Broke my back in a car wreck in Nov 2012 , we were rear ended by an oil company truck driven by the owner . my husband had injuries shoulder , he was released to return to work Jan 1 , 2012 . I have not been released because I am still in horrible pain and have been referred to pain management doctor . The insurance company sent a form to settle my husbands portion of the claim since he as able to return to work . The agent included my name on the form and stated it was Texas law and standard since we are married . I am no where near able to return to work . I think if I sign the form I will release the insurance company from any liability for my injuries .
You need to consult with an attorney before signing the release. Depending upon the language of the release you may be giving up your right to sue the responsible party. If the insurance company tells you the release does not include your potential claims, you need it in writing.
DO NOT SIGN!! There is no such law. Your husband should also not sign until you have at least talked to a lawyer. If the settlement is OK, the lawyer will tell your husband how to handle the release. The fact that your husband returned to work may or may not mean the settlement he is being offered is good. Talk to a lawyer board certified in personal injury law by the official Texas agency--the Texas Board of Legal Specialization. Look at my profile and call my office for an appointment. I won't charge you to talk about the case. Or talk to someone else. But sit down with a lawyer before either of you sign anything.
Don't sign anything. Without a lawyer, you will either get #1. no money or #2. a tiny nuisance settlement. Retain a lawyer and get the maximum compensation possible. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.
There is no Texas law that requires anyone to sign a release under any cirmcumstances. A release is a contract which a party may choose to enter into or not, as he or she wishes. The agent is either lying to you or is simply ignorant of the law.
In any event, as all of the other responding lawyers have said, it would be a big mistake for either you or your husband to sign a release or any other document regarding your claims, for that matter, without first consulting a lawyer.
You really should talk with an attorney because the actual words on the release documents are far more important than a summary you could give online. You may have claims related to your husband's injuries that are distinct from your claims, but largely those documents are boilerplate and meant to "CYA" for the insurance. Your attorney is best equipped to advise you what to sign and when to ensure that you are not tricked into signing away your case.
I think your question is not whether you need an attorney, but whether your signature is needed. The short answer is, your signature is needed. The long answer is depending on your case, you may be entitled to a lot of money that you would otherwise miss, if you do not talk to an attorney.
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