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Wife's Parents Being Ripped Off/Burnt Down House

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SuperLoud

Junior Member
What is the name of your state (only U.S. law)? Michigan

My wife's parents lived in an apartment complex.
The neighbors apartment exploded into flames when the owner was working on the water heater.
It exploded when he left to get a part.
The owner in the exploding apartment was burnt badly, and carried a child out that was burnt on arms.

My wife's parents got out ok,. Both families lost everything they had.

Now, my wife's parents are getting a Release of All Claims document from the Landlord's lawyer.
Something seems fishy. Like they are trying to pass out money to prevent lawsuit or something.
There were three occupants from my wife's family.
Her father, mother, and younger brother whom is now 18.
They are each receiving a letter like this to sign.
The younger brother is only getting $1200
Below is my wife's fathers letter

Reads(names and addresses removed)


RELEASE OF ALL CLAIMS IN CONSIDERATION of the payment of Eight Thousand Two Hundred Fifty Dollars ($8,250.00) to NAME, the receipt of which is hereby acknowledged, the undersigned does for himself, releases, acquits, and forever discharges NAMES OF OWNERS AND COMPANY, LLC, their administrators, insurers, representatives, assigns, agents, employees, and servants who is, or are, or may be chargeable or responsible, of and from any and all manner of actions, causes of action, suits, debts, accounts, judgments, rights, damages, costs, loss of services or companionship or consortium, expenses, compensation, claims and demands whatsoever in law or equity which the undersigned now has or which may hereafter accrue or result, regardless of whether the injury or injuries or damage or damages to person or property or otherwise is known or unknown, foreseen or unforeseen, growing out of or in any manner connected with the gas explosion which occurred on November 4, 2015 at the apartment complex located at ADDRESS Michigan. I hereby acknowledge and assume all risk, chance or hazard that any injury or damage may become permanent, progressive, greater or more extensive than is now known, anticipated or expected, or may later come into being and connected with the accident or occurrence. No promise or inducement which is not herein expressed has been made to me, and in executing this Release, I do not rely upon any statement or representation made by any person, firm or corporation hereby released, or any agent, physician, doctor or any other person representing them or any of them, concerning the nature, extent or duration of any injuries, damages, losses or the legal liability therefore.
2 I understand and agree that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, party or parties hereby released, by whom liability is expressly denied. This Release contains the ENTIRE AGREEMENT between the parties hereto and there is absolutely no agreement on the part of any person, firm or corporation to make any payment or to do any act or thing other than is herein expressly stated. I further state that I have carefully read the foregoing Release and know the contents thereof and I sign the same as my own free act and deed. THIS RELEASE CONSTITUTES A FULL, COMPLETE AND FINAL SETTLEMENT.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Michigan

My wife's parents lived in an apartment complex.
The neighbors apartment exploded into flames when the owner was working on the water heater.
It exploded when he left to get a part.
The owner in the exploding apartment was burnt badly, and carried a child out that was burnt on arms.

My wife's parents got out ok,. Both families lost everything they had.

Now, my wife's parents are getting a Release of All Claims document from the Landlord's lawyer.
Something seems fishy. Like they are trying to pass out money to prevent lawsuit or something.
There were three occupants from my wife's family.
Her father, mother, and younger brother whom is now 18.
They are each receiving a letter like this to sign.
The younger brother is only getting $1200
Below is my wife's fathers letter

Reads(names and addresses removed)


RELEASE OF ALL CLAIMS IN CONSIDERATION of the payment of Eight Thousand Two Hundred Fifty Dollars ($8,250.00) to NAME, the receipt of which is hereby acknowledged, the undersigned does for himself, releases, acquits, and forever discharges NAMES OF OWNERS AND COMPANY, LLC, their administrators, insurers, representatives, assigns, agents, employees, and servants who is, or are, or may be chargeable or responsible, of and from any and all manner of actions, causes of action, suits, debts, accounts, judgments, rights, damages, costs, loss of services or companionship or consortium, expenses, compensation, claims and demands whatsoever in law or equity which the undersigned now has or which may hereafter accrue or result, regardless of whether the injury or injuries or damage or damages to person or property or otherwise is known or unknown, foreseen or unforeseen, growing out of or in any manner connected with the gas explosion which occurred on November 4, 2015 at the apartment complex located at ADDRESS Michigan. I hereby acknowledge and assume all risk, chance or hazard that any injury or damage may become permanent, progressive, greater or more extensive than is now known, anticipated or expected, or may later come into being and connected with the accident or occurrence. No promise or inducement which is not herein expressed has been made to me, and in executing this Release, I do not rely upon any statement or representation made by any person, firm or corporation hereby released, or any agent, physician, doctor or any other person representing them or any of them, concerning the nature, extent or duration of any injuries, damages, losses or the legal liability therefore.
2 I understand and agree that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the persons, party or parties hereby released, by whom liability is expressly denied. This Release contains the ENTIRE AGREEMENT between the parties hereto and there is absolutely no agreement on the part of any person, firm or corporation to make any payment or to do any act or thing other than is herein expressly stated. I further state that I have carefully read the foregoing Release and know the contents thereof and I sign the same as my own free act and deed. THIS RELEASE CONSTITUTES A FULL, COMPLETE AND FINAL SETTLEMENT.
That is pretty standard language for insurance settlements.

If they were not injured and their only damages are their personal property then they have to decide if the settlement being offered reasonably covers their actual damages. Can they replace what they lost with similar items of a similar age? (think thrift shop shopping for furniture and clothing) I am not surprised that the 18 year old is only being offered 1200.00. They are going to assume that he maybe had a tablet and some clothes, or a laptop and some clothes. They are going to assume that if he had a phone it made it out of the apartment with him.

If the amount offered does not seem adequate then they can hire an attorney to push for more, but the attorney will end up getting at least a third of whatever is eventually awarded, so take that into consideration.
 

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