What does it mean “The release expressly reserves all rights of the parties released to pursue their legal remedies.”

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What does it mean “The release expressly reserves all rights of the parties released to pursue their legal remedies.”

I was in an auto accident which was not my fault and I had injuries a year ago. His insurance Company is requesting that I sign a Release but I do not like how they are stating the letter. I am not against signing but I do not want them to come back on me. They are offering me $4000 for the medical part. They paid me for my car already but I feel I need more than the amount they are offering for my bruises and my back.

Asked on April 19, 2009 under Accident Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It would take a Texas lawyer to give you a definitive answer (and I am NOT a TX lawyer), but it looks to me that the insurance company and other party is reserving rights to sue you.  While that's usually (and I have no idea about the situation in your case) unlikely, it's real.

But the more important issue is that once you settle for medical bills -- which money will probably be claimed by your health insurer anyway -- should you seek to recover pain and suffering or for any other element of a personal injury claim, even with a lawyer, my bet is you'd probably be offered nada, zilch, nothing.

As the medical expenses are clearly owing, and that's almost an assured recovery in a lawsuit where the other party's negligence is not a big issue, it would make it a far more difficult and risky case for a lawyer to bring, as a jury may feel you've already been paid and now are just being greedy, whereas if you sued for medical and other damages, they'd likely throw in more than the medical expenses. Indeed unless things are very different in Texas than where I've practiced you'd really mess up the case.

Get thee to a Texas lawyer. AttorneyPages.com is a great place to find one. Nearly all the auto accident lawyers listed provide a free consultation, and if your case isn't worthwhile for them to handle, they'd tell you right up front.

I urge you to speak with a lawyer about your case, and get some advice from a Texas injury lawyer.


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