Collecting a personal injury settlement in Louisiana ends with a single document: the release of liability form. A release of liability form — also called a liability waiver — is a legal agreement in which one party gives up the right to hold another responsible for an injury or loss. Signing it is the final step before the insurer issues your settlement check.
How the release fits into a settlement
After an accident, the injured party (the plaintiff) and the at-fault party (the defendant) negotiate — usually through the plaintiff’s lawyer and the defendant’s claims adjuster — until they agree to resolve the dispute outside court for a set sum. Once they reach that agreement, the insurance company forwards a release of liability waiver to the plaintiff.
The form states that the claimant agrees to give up the right to pursue any additional compensation for the same accident or injury in the future. It releases the at-fault party from all further liability for the victim’s injuries or damages. Once it is signed, the insurer issues the settlement check and the case is permanently closed — you cannot later file a lawsuit to seek more, because you have already released the defendant.
Should I sign a liability waiver form?
Consult a car accident lawyer before signing. The signature is final: once it is on the page, you are not eligible for additional compensation, you cannot renegotiate the settlement, and you cannot sue the defendant for that accident. A lawyer can review the settlement terms and tell you whether you deserve more before the window closes.
Only in rare instances — such as significant misrepresentation or a clerical error — may a plaintiff be able to reopen a case after signing.
Do you need representation before you sign?
If you are hurt in an accident, the insurance company may try to settle quickly and send you a liability waiver to sign right away. A fast offer is rarely a complete one. Before you give up your right to future compensation, have an injury lawyer review the release so the amount actually reflects your injuries, damages, and other losses.