Personal Injury Liability Release Agreement Template for England and Wales

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Key Requirements PROMPT example:

Personal Injury Liability Release Agreement

"I need a Personal Injury Liability Release Agreement for a slip-and-fall incident at my retail store, where the injured customer has agreed to settle for £15,000, and we want to include confidentiality provisions and structured payment terms over 6 months."

Document background
A Personal Injury Liability Release Agreement is utilized when parties wish to settle a personal injury claim without court proceedings. This document is particularly relevant in England and Wales, where it must conform to specific legal requirements including the Civil Liability Act 2018 and the Limitation Act 1980. The agreement typically follows negotiations between parties and usually involves insurance companies. It should detail the specific injuries, incident circumstances, settlement amount, and include appropriate warranties and acknowledgments. This document provides finality to both parties and prevents future claims relating to the same incident.
Suggested Sections

1. Parties: Identification of the releasor and releasee

2. Background: Context of the injury and circumstances leading to the agreement

3. Definitions: Key terms used throughout the agreement

4. Release: Core terms of the release from liability

5. Consideration: Details of payment or other consideration

6. Acknowledgments: Confirmations by the releasor regarding understanding of rights being waived

7. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Confidentiality: Terms regarding non-disclosure of settlement details - use when parties wish to keep settlement terms private

2. Future Medical Expenses: Provisions for handling future medical costs - use when ongoing medical treatment is anticipated

3. Insurance Claims: Provisions regarding insurance claims and subrogation - use when insurance companies are involved

4. Non-Admission: Statement that agreement does not constitute admission of liability - use when releasee wants to avoid admitting fault

Suggested Schedules

1. Schedule of Injuries: Detailed description of injuries covered by the release

2. Medical Reports: Relevant medical documentation supporting the claim

3. Payment Schedule: If payment is to be made in installments

4. Evidence of Insurance: Copies of relevant insurance policies if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Limitation Act 1980: Defines statutory time limits for bringing personal injury claims in England and Wales

Law Reform (Contributory Negligence) Act 1945: Governs how damages can be reduced if the injured party is partly at fault

Civil Liability Act 2018: Sets out modern framework for personal injury claims, particularly regarding whiplash injuries and liability calculations

Consumer Rights Act 2015: Relevant when the release agreement is between a business and consumer, ensuring fairness of terms

Pre-Action Protocol for Personal Injury Claims: Procedural guidelines that must be followed before formal legal proceedings

Civil Procedure Rules (CPR): Procedural rules governing civil litigation in England and Wales

Common Law Negligence Principles: Established case law principles defining duty of care, breach, and causation in negligence claims

Volenti non fit injuria: Legal doctrine stating that if someone willingly places themselves in a position where harm might result, they cannot bring a claim

Unfair Contract Terms Act 1977: Section 2 prohibits exclusion of liability for death or personal injury caused by negligence

General Data Protection Regulation (GDPR): European Union law on data protection and privacy, applicable to personal information in release agreements

Data Protection Act 2018: UK's implementation of GDPR principles, governing how personal data must be handled in legal documents

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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