Have you been injured in an accident that was not your fault? Before you sign a release, consider calling Pinkert Law Firm to discuss your rights.
Friday, October 20, 2017
In Wisconsin, a signed release is a contract and freedom to
contract has long been protected in this state.
Antrice Hart was injured when her car was rear-ended by a
car that was pushed by a vehicle driven by Esvin Gomez. Ms.
Hart immediately called Artisan and Truckers Casualty Company to
report the claim. Shortly thereafter, an Artisan
representative telephoned and discussed settlement with Ms.
Hart. The representative told Ms. Hart she would need to sign
a release to settle her claim. On the same day of the
accident, Ms. Hart signed a release entitled "Full Release of All
Claims with Indemnity." In fact, Artisan had the release
ready for her to sign when she went to the Artisan service center
to drop off her car for repair.
Approximately 9 ½ months later, Ms. Hart filed a personal
injury action, and Artisan moved to dismiss her lawsuit based on
the signed release. The legal issue was whether the release
Ms. Hart signed was admissible evidence. Wisconsin Statute
section 904.12(1) bars admissibility of statements made or writings
signed by an injured party within 72 hours of an accident.
However, the Court of Appeals holds that this statute does not
apply to releases.
Before you sign off on your injury claim, call Pinkert Law Firm
LLP to discuss your rights. If it seems too quick, it