When your compensation claim settles the insurer will require you to sign a Release. This can also be called a Discharge. It will be an implied or expressed term of any settlement that you sign the Release.
Some insurers have a short Release and other insurers have very long Releases full of legal terms and conditions. Your lawyer will fully advise you on the Release, its terms and the meaning and effect of the Release.
Settling Your Personal Damages Claim
When you settle your Queensland personal injury compensation claim you are basically selling your claim to the insurer or WorkCover in return for receiving a lump sum of money. In other words, you own your claim and the insurer or WorkCover is buying it by paying money to you on certain conditions.
The main basis of a Release is that it finishes your claim once and for all and for all time. You cannot make any further claims and you are indemnifying the insurer and discharging the insurer from its obligations to you.
Some Releases have a clause in them stating that you undertake and confirm that you do not have any other injuries or illnesses which the insurer does not know about which may have affected the claim and settlement. If you do you must tell your lawyer.
Some Releases have a confidentiality clause in them stopping you from talking to anyone about your claim and the settlement and how much money you received. The insurer does not want other people to know it has settled the claim.
Almost every Release has a clause in it that the settlement and payment of money are made without any admission of liability. If there is no doubt the insurer in your claim is liable you should not be alarmed or insulted by such a clause as it is standard.
The Release is a very important document and your lawyer should advise you fully on it and what it means to you.
Your Claim Lawyers are Queensland specialist personal injury lawyers. Call for a free consultation on 1800 968 725 or 0400 839 314.