Legal Question in Personal Injury in Wisconsin

I was injured and sustained a concussion while shopping, the insurance company wants to settle with me for a very small amount for my pain and suffering and they require my husband's (and a witness') signature on their general release form... Does he have to sign the release form (thus giving up any right he may have to sue them IF something in the future should happen to me as a result of this head injury) for me to receive the payoff?


Asked on 1/29/10, 4:29 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

I would suggest that you consult with an attorney before signing any type of release, to determine whether the settlement is appropriate. Once you sign the release, that will prevent you from making any future claims for injuries or damages. A spouse usually has a claim for loss of society and companionship, the injured spouse's medical expenses, and the injured spouse's lost income to the household, therefore, it is usual that an insurance company will want to make sure that a settlement with the injured party also includes the potential claims of the non-injured spouse. Please be aware that in Wisconsin, an adult generally has a three year statute of limitations to settle or commence a lawsuit for injuries and damages. Again, I would urge you to consult with an attorney as the facts of your situation may impact other time deadlines or damages claims.

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Answered on 2/06/10, 1:16 pm


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