Injury Claim and Release Form

[Dreama]

State: Florida Subject: Parent-Guardian Release and Indemnity Agreement

My child (let's call her Amy) was injured (on my property) by the child (let's call him Hugh) of an acquaintance. I asked Hugh's mom (let's call her Agnes) to check w/her homeowners for coverage of Amy's medical bills (which exceeded $14,000), and their insurance co. has agreed to pay all such bills. Coming down to the wire, Agnes's insurance co sent me a "Parent-Guardian Release and Indemnity Agreement", that we are required to sign before they send us the funds. It for the most part appear standard. One paragraph reads:

"I/we further promise to bind myself/ourselves jointly and severally, my/our heirs..... to repay to the said (Hugh, his family, insurance co, etc) heirs, ... any sum of money, except the sum above mentioned, that he/she/they may hereafter be compelled to pay to or on behalf of said minor (Amy) because of the above described accident."

My interpretation of this is that I would have to pay back any and all monies that Amy may sue for in the future (as a result of this accident and it's attending injuries), except for that amount they are paying us for the medical expenses. Is this a correct interpretation? Should I amend this paragraph to appear in the opposite... that is, to say that if at any time in the future, if "Amy" sues for and is awarded any additional funds relating to this claim then we would repay that amount awarded for the original claim?

I apologize for the lengthy message but I'm in a bind and need some fast help. Thanks to all!

 

[I AM ALWAYS LIABLE]

State: Florida Subject: Parent-Guardian Release and Indemnity Agreement

My child (let's call her Amy) was injured (on my property) by the child (let's call him Hugh) of an acquaintance. I asked Hugh's mom (let's call her Agnes) to check w/her homeowners for coverage of Amy's medical bills (which exceeded $14,000), and their insurance co. has agreed to pay all such bills. Coming down to the wire, Agnes's insurance co sent me a "Parent-Guardian Release and Indemnity Agreement", that we are required to sign before they send us the funds. It for the most part appear standard. One paragraph reads:

"I/we further promise to bind myself/ourselves jointly and severally, my/our heirs..... to repay to the said (Hugh, his family, insurance co, etc) heirs, ... any sum of money, except the sum above mentioned, that he/she/they may hereafter be compelled to pay to or on behalf of said minor (Amy) because of the above described accident."

My interpretation of this is that I would have to pay back any and all monies that Amy may sue for in the future (as a result of this accident and it's attending injuries), except for that amount they are paying us for the medical expenses. Is this a correct interpretation? Should I amend this paragraph to appear in the opposite... that is, to say that if at any time in the future, if "Amy" sues for and is awarded any additional funds relating to this claim then we would repay that amount awarded for the original claim?

I apologize for the lengthy message but I'm in a bind and need some fast help. Thanks to all!

My response:

You are correct in your interpretation of the Release. You, on behalf of Amy, are forever waiving Amy's right to sue Agnes or Hugh for any future amounts.

If you change the Release, you are, in effect, not releasing anyone - - which makes the current Release moot. But for the above clause in the Release, the insurance company would remain "on the hook" until one year after Amy's 18th birthdate. This in not what the insurance company wants to do, nor is it their intent on behalf of their insured.

The insurance company, and Agnes, et al., want to "go on with their lives" without this matter hanging over their respective heads.

Seek the advice of a local personal injury attorney before you do anything that could waive Amy's future rights. Amy's claim could be worth far more than the paultry sum they have offered you.

Good luck.

IAAL

 

[Dreama]

IAAL Reply

Thanks very much for your response. I never was very good at translating legalese! We have thought all along that we should show this to a lawyer before signing, but at the same time neither my husband nor I had considered asking for anything more than coverage of the bills. I guess it should be left to the injured party to determine at some point in the future if she wishes to pursue further action. And a sticky point in all this is the mom is a coworker of mine!

My daughter's physicians (both the attending physician that treated the injury, and her regular dentist) do not anticipate any lasting physical effects to the injury, which was a fractured jaw. As a result, my daughter had her mouth wired shut for about a month. That's a tough row for an 8 year old to hoe! But she's a tough cookie and came through just fine, thank God!

I appreciate your opinion and will come back and follow up on this thread with the eventual resolution!

 

[I AM ALWAYS LIABLE]

Re: IAAL Reply

I appreciate your opinion and will come back and follow up on this thread with the eventual resolution!

My response:

You're entirely welcome. Amy sounds like a real "trooper" !

Anyway, are you saying I'll have to wait until Amy is 18 before I hear of a "resolution" ?

Yikes !

Don't get me wrong . . . I thoroughly enjoy writing on these Boards; however, I don't think I'll be around *that* long . . .

Good luck to you all.

IAAL

 

[Dreama]

To IAAL..... Ideally the resolution will come when we get the funds promised and pay the bills off! I've put the hospital, anesthesiologist, oral surgeon (and whoever else stuck their face in the room on those days) on very slow, very low payment schedules and I'd like those monkeys off our backs. Fortunately everyone is being patient!

Thanks again!