We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
A joint tortfeasor release is a legal document that allows a claimant to settle their claims against one or more wrongdoers (tortfeasors) without affecting their rights to pursue additional claims against other tortfeasors involved in the same incident. This type of release acknowledges that the claimant is giving up specific rights or claims in exchange for compensation from the settling tortfeasor. It is important for claimants to understand that by signing this release, they are not relinquishing their ability to seek further recovery from those who did not settle.
Table of content
Legal Use & context
Joint tortfeasor releases are commonly used in civil law, particularly in personal injury cases, where multiple parties may be liable for the same harm. This release allows claimants to negotiate settlements with some tortfeasors while retaining the right to pursue claims against others. Users can often manage these situations using legal templates available through services like US Legal Forms, which provide ready-to-use documents drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A car accident involves three drivers: Driver A, Driver B, and Driver C. Driver A settles with the claimant for $10,000 using a joint tortfeasor release. The claimant can still pursue Driver B and Driver C for additional damages, as the release only applies to Driver A.
State-by-state differences
Examples of state differences (not exhaustive)
State
Key Differences
California
Allows for a partial settlement that does not release claims against non-settling tortfeasors.
New York
Requires that the release explicitly states it does not affect the rights against non-settling parties.
Texas
Has specific statutory requirements for joint tortfeasor releases to be enforceable.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
General Release
A document that releases all claims against all parties, not just specific tortfeasors.
Partial Release
A release that only applies to certain claims or certain parties, similar to a joint tortfeasor release.
Settlement Agreement
A broader agreement that may include a release but also outlines the terms of the settlement.
Common misunderstandings
What to do if this term applies to you
If you are involved in a situation where a joint tortfeasor release may apply, consider the following steps:
Review any settlement offers carefully and understand the implications of signing a release.
Consult with a legal professional to ensure your rights are protected, especially regarding claims against non-settling parties.
Explore US Legal Forms for templates that can help you draft a joint tortfeasor release or other related documents.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.