Personal injury law is rarely straightforward, and injured clients coming to us for representation are often surprised at the almost limitless options for resolution when it comes to their cases. While most personal injury lawsuits never make it to court and are settled outside of one, both parties must agree on terms that are laid out prior to accepting a certain settlement amount. One of these terms is that the plaintiff must agree not to sue the defendant in the future given the resolution of their claim. This is usually done in the form of a release which outlines these terms and usually comes at the same time that the settlement agreement is signed.

However, things can take a murky turn if there was more than one defendant as is often common in personal injury claims, auto accident cases and product liability or class action torts. In such cases, signing the wrong document can have far-reaching implications for your future and expose you to legal complications and even leave you powerless with regard to seeking compensation from other parties. In this post, we shall take a look at the different legal documents one can sign post-settlement depending on the facts at hand so you can safeguard your right to sue if need be in the future and recover compensation from responsible or liable parties – read on to find out more.

Dedicated and Hardworking Lawyers Ready to Fight for You!

Are you looking for an injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from all walks of life and across the country get compensated after getting injured due to the negligence of other individuals or large corporations.

Our commitment and excellence to personal injury law has seen us recover over $260 million for our clients and counting, with a lot of these settlements and judgments ranging in the hundreds of thousands of dollars. This excellence can be attributed to a number of factors such as the fact that we personally handle all claims and do not shunt them over to paralegals or legal assistants as is common in most law firms, a practice that often jeopardizes cases.

We also liaise with renowned experts in the forensic, investigative, accounting and medical fields to come up with compelling and objective evidence that demonstrates causation and negligence, as well as medical reports that are objective which can be used to accurately quantify your damages so you can be compensated to the fullest extent of the law. We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our trusted network of referral attorneys and law firms.

Last but not least is the fact that we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim as we only levy our fees at the end of the suit and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to someone else’s negligence and are worried about the tax implications surrounding your settlement, please reach out to us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by,

Should You Sign a Release as Part of Your Personal Injury Settlement?

The first document you should have knowledge of as far as a settlement is concerned is known as a release. This is a complete and final extinguishment of a legal claim whereby once you sign it, you surrender your right to pursue any legal actions against the named defendant for any claims arising out of a specific incident, now and forever. Essentially, the legal door is shut and locked with no option of reopening it. With a release, you’re giving up all future claims in exchange for the settlement payment, and the rationale for this is that you cannot be paid twice for the same injury. When one signs a release, one also accepts to release any and all other parties who may have also contributed to your injuries or harm.

Who Should Sign a Covenant no to Sue in Injury Lawsuits?

A covenant not to sue, on the other hand, is a solemn promise by you the plaintiff to a defendant that they won’t pursue a lawsuit against them. However, where a covenant deviates from a release is the fact that it doesn’t extinguish the underlying legal claim; while one will not be able to file a lawsuit against a specific individual or entity named in the document, one still retains the legal right to go after other parties that one hasn’t settled.

Release vs Covenant – Which is Right for You?

Our clients often ask us – which one is best for me, a release or covenant not to sue? The answer to this question lies in one crucial distinction: the number of defendants named in the case. A release is often sufficient for a single defendant, but if there are more than one, a covenant works best for your needs. That said, the legal principle of the “Unit Rule” or the “Single-Satisfaction Rule” that is still in effect in some jurisdictions may complicate a release as it states if a plaintiff releases one joint tortfeasor, they should also release all other joint tortfeasors, even if they were not party t the settlement. The idea is that since you were made whole by the settlement, you really are not entitled to any further compensation from anyone else.

Nationwide Injury Lawyers – Call Us Today!

At McCready Law, we often opt to use a covenant in order to preserve your rights in the future and against other known or unknown defendants; that said, we shall most likely add a Reservation of Rights Clause which will state that you have and retain the right to pursue claims against all other potentially liable parties.

If you or a loved one was injured in an auto accident, work-related event, at home due to a defective tool or amenities, at a major store or in any other way where you believe that negligence played a central role, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation regardless of where you are in the country. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.