If you have been injured and someone offers you a settlement that you think is too good to pass up, you may be asked to sign a waiver or release form. Before you do, it’s important to understand what you’re signing and whether you can still file a personal injury claim in Wisconsin.
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What is a Waiver or Release?
A waiver or release is a legal document that you sign to give up your right to seek further damages or compensation for an injury. In exchange for signing the waiver or release, you receive a settlement or other form of compensation.
Waivers and releases are common in many situations where there is a risk of injury, such as sports, recreation, and entertainment activities. But they can also be used in other situations, such as car accidents or slip and fall accidents.
Do Waivers and Releases Prevent You from Filing a Personal Injury Claim?
In Wisconsin, waivers and releases can prevent you from filing a personal injury claim in some situations. If you sign a waiver or release that is valid and enforceable, you may not be able to seek further compensation for your injuries.
However, not all waivers and releases are valid and enforceable. Wisconsin courts have found that waivers and releases can be challenged if they are:
- Not clearly written
- Too broad in scope
- Unconscionable
- Against public policy
Not Clearly Written
A waiver or release that is not clearly written may not be enforceable. For example, if the language in the waiver or release is confusing or ambiguous, it may be difficult to determine exactly what rights you are giving up.
Too Broad in Scope
A waiver or release that is too broad in scope may also be unenforceable. For example, if the waiver or release covers all future claims, regardless of how they arise, it may be considered too broad.
Unconscionable
A waiver or release may be considered unconscionable if it is extremely one-sided and unfairly favors the party asking for the waiver or release. If the waiver or release is unconscionable, it may not be enforceable.
Against Public Policy
A waiver or release may be against public policy if it attempts to waive liability for intentional or grossly negligent conduct, or if it attempts to waive liability for certain types of injuries, such as those caused by environmental hazards.
How to Challenge a Waiver or Release in Wisconsin
If you have signed a waiver or release and believe that it is unenforceable, you may be able to challenge it in court. To do so, you will need to show that the waiver or release is invalid for one or more of the reasons listed above.
It’s important to note that challenging a waiver or release can be difficult, and the outcome of your case will depend on the specific facts and circumstances of your situation. Working with an experienced personal injury lawyer can help you navigate the legal process and increase your chances of success.
Conclusion
If you have been injured and are considering signing a waiver or release in Wisconsin, it’s important to understand what you’re signing and whether you can still file a personal injury claim. While waivers and releases can prevent you from seeking further compensation in some situations, they can be challenged if they are not valid or enforceable. Working with an experienced personal injury lawyer can help you protect your rights and seek the compensation you deserve.