Don’t Sign a Release of Liability Without Talking to a Lawyer

After an accident, injury, or dispute, you might be presented with a “release of liability” (also known as a waiver or release form) by an insurance company or the other party involved. While the document may seem straightforward, it often includes legal jargon, fine print, and clauses that are not immediately clear to the average person. Without legal expertise, you may not fully understand the implications of what you are signing. Here is why you should consult with a personal injury attorney before signing a release of liability.

What Is a Release of Liability?

Most people have seen and signed a release of liability without stopping to read anything that it says. A release of liability is a legal document in which one party agrees not to hold another party legally responsible for any injuries, damages, or losses that could happen to you when you are participating in an activity or event or happened due to your involvement in an incident. By signing a release of liability, you effectively waive your right to pursue any future legal claims or lawsuits against the party for issues covered by the agreement. The release can apply to personal injuries, property damage, or other potential claims that might arise from the situation. This document is often used in cases involving settlements, participation in risky activities (such as sports or recreational events), or in the aftermath of accidents.

Again, you will often be told that signing these releases is just “standard procedure” or “not a big deal.” They might highlight where you should sign and tell you that they are doing you a favor, skipping over all the legal jargon. But by not understanding what you are signing, you can be doing yourself a great deal of harm down the road. Here are some of the ways that you can suffer if you do not consult a personal injury lawyer before signing.

You Can End Up Settling for Less Money Than You’re Entitled To

One of the main reasons to talk to a lawyer before signing a release of liability is to avoid settling for less than what you deserve. Insurance companies, who are generally the ones who pay out after an injury, often aim to minimize the payout they offer you. That is, they may offer you an amount that does not fully cover your medical bills, lost wages, or other costs associated with the accident. After all, insurance is a business: they make money collecting more premiums than what they pay out in claims.

Now, the number that you are offered may seem more than fair. It may even be more money than you have ever seen in your life. But it still may not be enough. This is not about being greedy. But this is about making sure you are covered. 

A lawyer looks at the full scope of your damages. Not only do they look at your current costs, but they will help you think about your future costs. Will you potentially need long-term medical treatment or rehab? They can think of these things because they have had numerous clients before you who have needed extra money down the road to cover issues stemming from the incidents. For instance, let’s say that you broke your arm in a slip-and-fall. You have had surgery and are feeling a lot better. A personal injury lawyer understands that, even if you are doing fine now, you may need physical therapy down the road. An experienced personal injury attorney will ensure that future potential expenses are factored into any agreement.

There Might Be Unintended Insurance Consequences

Signing a release of liability can also have implications for insurance coverage. Many insurance policies have specific clauses that relate to liability waivers. For instance, if you sign a release and later file an insurance claim related to an incident covered by that release, your insurance company may deny your claim based on the waiver you signed.

You Could Agree to Unconscionable Terms

Some release of liability forms contain unconscionable terms, which are provisions that are so one-sided that they are considered unjust or overwhelmingly favorable to one party. A release of liability form might include provisions that impose excessive penalties for minor infractions or require you to forfeit any claims for things like premises liability, no matter what. While courts may refuse to enforce these terms, that is not guaranteed. A lawyer can identify potentially unconscionable clauses that could significantly impact your rights and protections. Understanding these terms before signing is crucial, as it can influence your decision to participate in the activity or negotiate different terms.

What Can I Do If I Don’t Want to Sign?

If you are not a fan of the release of liability as written, you can have a lawyer negotiate. Many people simply assume that the release of liability forms is non-negotiable. That is not always the case. Organizations may be willing to modify certain terms or even provide additional protections. A lawyer can advocate on your behalf to negotiate terms that are more favorable to you.

Alternatively, you might be able to participate in the activity without signing the release or find a different provider that offers a release of liability with more favorable terms.

A lawyer might also provide guidance on how to protect your rights while still engaging in desired activities. They can suggest alternative activities that may carry less risk or negotiate terms that align better with your comfort level.

Speak to a Personal Injury Lawyer Before Signing a Release of Liability

Signing a release of liability without consulting a lawyer can have long-lasting consequences. By speaking with a personal injury lawyer first, you can fully understand the terms of the agreement, ensure that you are not settling for less than what you deserve, and protect your rights against unforeseen complications. Contact us to discuss the particulars of your case.