Can I File a Claim for an Injury After Signing a Liability Waiver?

There is a good reason why your personal injury lawyer asks that you not sign any document after an accident without first consulting with them. One of the documents you may be asked to sign is a liability waiver. Signing this waiver can make obtaining compensation for your injuries significantly more difficult.

What Is a Liability Waiver?

A negligent party or their insurer will often promise you a specific amount of compensation in exchange for your signature on a liability waiver. This form releases the negligent party from any further responsibility for causing your injuries.

This means that when the compensation offered does not last as long as you need it to, your options for getting additional compensation are limited.

Signing a Liability Waiver Ends Most Future Claims

A liability waiver acts like any other contractual agreement. You are generally bound by the terms to which you freely agree, even if those terms are not particularly helpful to you.

If you do try to file a claim after signing a liability waiver, the other party can obtain an order dismissing your claim by simply showing the court the liability waiver.

Defenses Against Liability Waivers

If you sign a liability waiver and later come to regret doing so, you may have a few limited defenses available to you. These defenses are based on principles of contract law and act to invalidate the waiver agreement.

For instance, you may have a defense against the enforcement of a liability waiver if:

  • You were unduly pressured or coerced into signing the liability waiver
  • You were not afforded an opportunity to speak with a lawyer before signing
  • You did not receive any compensation or anything of value in return for signing
  • You did not understand the terms of the agreement when you signed them

Since these are defenses, you will need to produce evidence showing that they apply to your case.

Always Speak to a Lawyer Before Signing a Document

Liability waivers can seriously disadvantage you following an injury accident. For this reason, before giving any statement or signing any document presented to you, have your attorney review the matter first. This simple step can help ensure you get the compensation you need and deserve.

If you have been presented with a liability waiver or other document, let the knowledgeable team at the Harlan Law Firm help you make the right response. We have protected Washington injury victims since 2006. These testimonies from our clients can prove that you will receive the results you deserve.

Contact the Harlan Law Firm to schedule your free case review today.