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§ 5-401.1. Release of claim or settlement agreement by injured persons

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2007

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 4. Immunities and Prohibited Actions--Businesses, Associations, and Charities (Refs & Annos)
Effective: October 1, 2007
MD Code, Courts and Judicial Proceedings, § 5-401.1
§ 5-401.1. Release of claim or settlement agreement by injured persons
Releases signed without advice of attorney voidable
(a)(1) A release of the claim of an injured individual for damages resulting from a tort, signed by the injured individual within 30 days of the infliction of the injuries without the assistance or guidance of an attorney at law, and any power of attorney to or contract of employment with an attorney at law, with reference to recovery of damages for the tort, signed by the individual within 30 days after the infliction of the injuries, shall be voidable at the option of the injured individual within 60 days after the day on which the individual signed the document.
(2)(i) Notice that a release is voided under this subsection by the injured individual shall be:
1. In writing; and
2. Accompanied by the return of any money paid to the injured individual as a result of the signing of the release.
(ii) The release is void from the date that the notice is mailed.
Negotiations or attempts to negotiate within 15 days of occurrence prohibited
(b) A person whose interest is or may become adverse to an injured individual who is confined to a hospital or sanitarium as a patient may not, within 15 days from the date of the occurrence causing the patient's injury:
(1) Negotiate or attempt to negotiate a settlement with the patient;
(2) Obtain or attempt to obtain a general release of liability from the patient; or
(3) Obtain or attempt to obtain any statement, either written or oral from the patient, for use in negotiating a settlement or obtaining a release.
Settlement agreement or release used as evidence
(c) Any settlement agreement entered into or any general release of liability made by any individual who is confined in a hospital or sanitarium after the individual incurs a personal injury may not be used in evidence in any court action relating to the injury and may not be used for any purpose in any legal action in connection with the injury if the settlement agreement or release is obtained contrary to the provisions of subsection (b) of this section.
Parties outside scope of release
(d) A release executed by an individual who has sustained personal injuries does not discharge a subsequent tort-feasor:
(1) Who is not a party to the release; and
(2)(i) Whose responsibility for the individual's injuries is unknown at the time of execution of the release; or
(ii) Who is not specifically identified in the release.

Credits

Added by Acts 1997, c. 31, § 1, eff. Oct. 1, 1997. Amended by Acts 2007, c. 148, § 1, eff. Oct. 1, 2007; Acts 2007, c. 149, § 1, eff. Oct. 1, 2007.
Formerly Art. 79, §§ 11-13.
MD Code, Courts and Judicial Proceedings, § 5-401.1, MD CTS & JUD PRO § 5-401.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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