Release

A release is the document a claimant signs when settling, giving up the right to pursue claims against the settling company in exchange for payment. Its wording decides which claims are given up, for which diseases, and on whose behalf, so it matters greatly in asbestos cases.

Origin

Releases are a long-standing contract tool for ending disputes. In asbestos litigation they became especially important because one exposure can lead to several diseases years apart, and because claims can belong to the injured person, a spouse and, after death, the estate and family.

Significance in Asbestos Context

An asbestos release may be general, covering all claims including future diseases, or limited, covering only the disease diagnosed now and preserving claims if a cancer develops later. That difference can decide whether a person who settles a pleural plaques or asbestosis claim can later bring a mesothelioma claim, so the separate disease rule does not always protect someone who signed broad language. Releases often also cover loss of consortium and future wrongful death claims, and may ask for signatures from the spouse or family members; whether a living person can release a future wrongful death claim depends on state law. They usually include terms on Medicare and other liens, confidentiality, and indemnity, meaning the claimant promises to cover the company if a lienholder later demands payment. Trust claim releases are typically standard forms set by each trust. Because settlement money comes only after the release is signed, it is worth taking time to understand it.

Example Sentence

Her lawyer made sure the release for the asbestosis settlement covered only that disease, preserving any future claim for cancer.

Related Terms

Separate Disease Rule, Single Disease Rule, Wrongful Death, Loss of Consortium, Medicare Secondary Payer Act, Lien, Settlement Credit

Notes

• Ask your lawyer to explain in plain words which claims and diseases the release gives up.
• Keep a signed copy of every release; a future lawyer may need it if another disease appears.
• If you are asked to sign as a spouse or family member, ask what rights you are giving up.