When a personal injury case is settled the insurance company requires the injured party to sign a release. Essentially, the release recites that in exchange for receipt of the settlement funds the injured party agrees that all claims which could have been asserted under Georgia law are extinguished.
However, there are times where there are other insurance companies against which a claim for damages can be asserted. These other insurance companies may cover other parties against whom fault is also asserted. In an automobile, truck or other vehicle collision a claim for additional damages sometimes can be made against the injured party's own auto insurance policy. This type of insurance is called Uninsured Motorsist Coverage.
If there is this potential additional insurance, a standard release - called a general release - should not be signed. A general release prevents making a claim against anyone.
Instead a "Limited Liability Release" is the mandatory settlement document to use. This special release settles only with the insurance company paying money and allows the injured party to preserve their right to go against any other party or insurance company.
In our Atlanta, Georgia Personal Injury law firm we are always careful to be certain that all insurance is located and that our clients' rights to recover from all sources are protected and asserted.
General and Limited Liability Releases in Georgia
March 15, 2011
