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

UPDATED: Apr 19, 2009

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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