Most settlement agreements provide a liability exemption that prohibits you from asserting additional claims for medical expenses or auto coverage for the same accident. The authorization document usually contains the transaction amount, the exempted parties and the fees that are paid (for example. B, personal injury claims or property damage claims). If you are able to resolve your personal injury case before your case proceeds to trial, lawyers will inform the court that the matter has been settled by filing a notice of settlement. The court then issues a settlement order in which the parties must submit a copy of the settlement agreement within thirty days. While this type of personal injury rights is normally considered compromised because the right to discrimination/harassment has been included in the list of compromised rights, it is advisable and has become common for an employer to supplement the explicit clause that contains all rights to bodily injury that the worker is aware are part of the rights to which the agreement is waived. additional wording that expressly states that this includes all claims of personal injury resulting from discrimination and/or harassment. A standard alternative is to include an additional clause that explicitly includes this type of personal claims as those affected by the transaction agreement It is important to have an experienced lawyer by your side to verify your transaction agreement and ensure that the transaction agreement offers you the maximum compensation for your damages. From a legal point of view, there is no reason why these rights cannot be included in the scope of a settlement agreed with the employer, at least with regard to the rights to bodily injury already incurred; However, the situation is less clear with regard to claims that have not yet emerged. If you were injured in a car accident caused by the negligence of another driver, the accused driver`s insurance company may try to negotiate a settlement to pay for your damages. Too often, however, insurance companies try to save money, but don`t offer the full amount of compensation victims are eligible for, meaning you or your lawyer have to keep negotiating and make a counter-offer. From the perspective of the workers, the advisor should, as with any potential right to personal injury, attempt to amend the draft settlement agreement by adding text explicitly excluding the potential claim from the scope of the claims governed by the agreement.
In this context, rights to bodily injury resulting from discrimination or harassment (e.g.B. As a rule, standard declarations of waiver for the settlement of this type of rights are covered by psychiatric damages. . . .