What does Lawsmith draft for a settlement and release?

Settle an injury, employment or property claim and release it, with the carve-outs the law requires. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.

Where do the citations come from?

From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.

Is it reviewed by an attorney?

No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.

Five documents free, no card. After that, Professional is $499 a month for one attorney.

Settlement and Release for attorneys in 13 states, drafted from published statutes

What you get

An editable Word document, drafted from your answers and the state's published law.
A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

Your client is the
Claimant's legal name
Claimant details
Released party's legal name
Released party details and others covered

The claim

What kind of claim
The claim being settled
Representation

The settlement

What is paid or done
Who releases whom
Claims released and claims kept
Release unknown claims too

Terms

Confidentiality
Non-disparagement clause
Liens and reimbursement
Tax allocation and reporting
Dismissal of a pending case

Signing

How will this be signed
Other instructions or open decisions

Where it is offered

Every state Lawsmith has sources for:

California Connecticut Delaware District of Columbia Florida Maryland Massachusetts New Jersey New York Ohio Pennsylvania Texas Virginia

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

State	Sources for this document
California	38
Connecticut	18
Delaware	22
District of Columbia	17
Florida	16
Maryland	23
Massachusetts	19
New Jersey	28
New York	42
Ohio	20
Pennsylvania	20
Texas	21
Virginia	22

Among them, for New Jersey:

N.J.S.A. 2A:14-1: 6 years
N.J.S.A. 34:15-29: Compensation preferential lien; claim not assignable; set offs
N.J.S.A. 43:21-15: Waiver of rights void
N.J.S.A. 10:5-12.7 Certain waivers in employment contract deemed against public policy and unenforceable.
N.J.S.A. 10:5-12.8 Certain provisions in employment contract, settlement agreement deemed against public policy and unenforceable.

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Cal. Prob. Code § 3601. Court order for payment of expenses, costs and attorney's fees from a minor's settlement statute
The court approving a compromise or judgment must also order payment of reasonable expenses, medical or otherwise, costs and attorney's fees it approves from the money or property paid for the minor or person with a…
Cal. Code Civ. Proc. § 1001. Settlement provisions restricting disclosure of sexual assault, harassment or discrimination facts prohibited statute
A settlement provision preventing or restricting disclosure of factual information about a claim filed in a civil or administrative action for sexual assault, sexual harassment, or workplace or housing harassment or…
Cal. Ins. Code § 10137. Transfer of structured settlement payment rights void without court approval statute
A transfer of structured settlement payment rights is void unless a court reviews and approves it and finds the transfer fair, reasonable and in the payee's best interest considering dependents, and compliant with the…
Cal. Prob. Code § 3500. Compromise of a minor's disputed claim by a parent; court approval required statute
Where a minor with no guardian of the estate has a disputed claim, the parent (or the custodial parent if separated) may compromise it, but the compromise or covenant is valid only after court approval on petition in…
Cal. Rules of Court, rule 7.950. Petition for approval of compromise of claim or action for a minor or person with a disability court rule
Judicial Council rule: a petition for court approval of a minor's or disabled person's compromise, or disposition of judgment proceeds, under Probate Code sections 3500 and 3600 to 3613 or Code of Civil Procedure…
Cal. Code Civ. Proc. § 372. Appearance of minors and incapacitated persons by guardian or guardian ad litem; court approval of settlements statute
A minor, a person lacking legal capacity, or a conservatee appears by a guardian or conservator of the estate or a guardian ad litem, who may compromise or settle claims and receive money only with court approval, with…
Cal. Gov. Code § 12964.5. Releases and nondisparagement agreements as a condition of employment; required carve-out language statute
It is an unlawful employment practice to require, in exchange for a raise or bonus or as a condition of employment, a release of FEHA claims or a nondisparagement or other agreement denying the right to disclose…
Cal. Ins. Code § 10138. Provisions prohibited in a structured settlement transfer agreement statute
Text listing provisions a transfer agreement may not include for a California resident seller, such as waivers of the right to sue, indemnity of the buyer for contesting the sale, waivers of garnishment protections and…
Cal. Ins. Code § 10139.5. Court findings required to approve a transfer of structured settlement payment rights statute
A transfer is effective only if approved in advance by a final court order with express written findings that it is in the payee's best interest considering dependents, that the payee was advised in writing to seek…
Cal. Prob. Code § 3611. Court-directed disposition of a minor's or disabled person's settlement funds statute

Connecticut

Conn. Gen. Stat. § 45a-631. Limitation on receipt or use of minor's property by parent, guardian or spouse. Release statute
A parent, guardian of the person or spouse of a minor may not receive or use the minor's property exceeding ten thousand dollars in value unless appointed guardian of the estate, and a release by both parents or the…
Conn. Gen. Stat. § 52-225g. Transfer of structured settlement payment rights: Definitions statute
Definitions for Connecticut's structured settlement transfer sections, including annuity issuer, dependents, discounted present value, structured settlement and transfer.
Conn. Gen. Stat. § 52-225h. Transfer of structured settlement payment rights: Required disclosures to payee statute
Disclosure rule for a transferee of structured settlement payment rights: a separate disclosure statement in boldface at least fourteen-point type, at least three days before the payee signs, listing the payments,…
Conn. Gen. Stat. § 52-225i. Transfer of structured settlement payment rights: Approval statute
No transfer of structured settlement payment rights is effective unless approved in advance by a final court or administrative order with express findings that the transfer is in the payee's best interest, that the…
Conn. Gen. Stat. § 52-225k. Transfer of structured settlement payment rights: Procedure for approval statute
Procedure for approval of a transfer: the application is made by the transferee in the superior court for the payee's judicial district, the obligor's principal place of business, or the court or authority that approved…
Conn. Gen. Stat. § 52-225e. Notice of settlement in excess of ten thousand dollars by insurer to claimant statute
On payment in settlement of a third-party liability claim over ten thousand dollars to a natural person, the insurer must mail notice of the payment to the claimant's last known address, and the section creates no cause…
Conn. Gen. Stat. § 31-296. Voluntary agreements statute
Workers' compensation rule: an agreement between employer and injured employee regarding compensation must be submitted in writing to the administrative law judge, who approves it only if it conforms to the chapter, and…
Conn. Gen. Stat. § 52-572a. Release by injured person voidable if obtained within fifteen days statute
Connecticut rule: a person whose interest is adverse to an injured person may not negotiate a settlement or release of liability within fifteen days of the tortious act, and a release obtained in violation is voidable…
Conn. Gen. Stat. § 52-572e: Release of joint tortfeasor. statute
Release of joint tortfeasors; scope limits text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Conn. Gen. Stat. § 52-572h. Negligence actions. Doctrines applicable. Liability of multiple tortfeasors for damages statute
Comparative negligence statute defining economic and noneconomic damages and setting the rules for multiple tortfeasors, including apportionment, the effect of a settlement with a released party and contribution.

Delaware

6 Del. C. § 2706. Settlement and release of claims by persons of the age of 18 years or older statute
Delaware capacity rule: a person 18 or older may settle and compromise any claim, demand or action without a guardian or trustee, and the release binds the person and the person's heirs, executors and administrators.
10 Del. C. § 6601. Conditions to transfers of structured settlement payment rights statute
Delaware structured settlement protection rule: no transfer of structured settlement payment rights is effective unless authorized in advance by a final court or administrative order with express findings that the…
10 Del. C. § 6304: Release of 1 joint tortfeasor. statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
10 Del. C. § 6602. Definitions statute
Definitions for the structured settlement transfer chapter, including annuity issuer, applicable law, structured settlement and transfer. Read before drafting periodic-payment terms.
10 Del. C. § 6603. Jurisdiction; procedure for approval of transfers statute
The Superior Court has nonexclusive jurisdiction over transfer applications, the Court of Chancery exclusive jurisdiction where a trustee holds the rights, and the transferee must file and serve the listed materials at…
10 Del. C. § 6604. No waiver; no penalties statute
The chapter may not be waived, and a payee incurs no penalty or liability to a proposed transferee when a transfer fails the conditions of § 6601. Read with § 6601.
19 Del. C. § 2344. Agreements on compensation or benefits; filing and approval; conclusiveness statute
Delaware workers' compensation rule: an agreement between employer and injured employee on compensation or benefits is filed with the Department as a signed memorandum and, if approved as conforming to the chapter, is…
19 Del. C. § 2347. Review by Board of agreements or awards; grounds; modification of award statute
On application of a party alleging a change in incapacity or dependency the Board may review an agreement or award, not more often than once in 26 weeks, and modify it as the section provides.
10 Del. C. § 6301: Definition. statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
10 Del. C. § 6302. Right of contribution; accrual; pro rata share statute
Delaware contribution rule: the right of contribution exists among joint tortfeasors, accrues on payment of more than a pro rata share, is unavailable to a settling tortfeasor whose settlement does not extinguish the…

District of Columbia

D.C. Code § 21-120. Settlement of actions involving minor children; appointment of guardian of estate statute
District of Columbia text: a person entitled to maintain or defend an action for a minor may settle it and give a full release, but the settlement is not valid unless approved by a judge of the court in which the action…
D.C. Code § 28A-105. Approval of transfers by the court statute
District of Columbia text making any transfer of structured settlement payment rights ineffective unless the transferee gave the required disclosures and a court approved the transfer in advance with express findings…
D.C. Code § 28-3901: Definitions and purposes (Consumer Protection Procedures Act) statute
D.C. Code § 28:3-311. Accord and satisfaction by use of instrument statute
District of Columbia UCC rule on accord and satisfaction by a full-satisfaction check: the claim is discharged where the instrument or an accompanying written communication conspicuously states that it is tendered in…
D.C. Code § 28A-102. Definitions (structured settlements protection) statute
Definitions for the District of Columbia's structured settlements protection chapter, including annuity issuer, assignee, dependents, discounted present value, payee, structured settlement and transfer.
D.C. Code § 28A-103. Required disclosures to payee statute
District of Columbia text requiring the transferee, at least 10 days before the payee signs a transfer agreement, to give a separate disclosure statement in 14-point bold type listing the payments, aggregate amount,…
D.C. Code § 28A-104. Procedure for approval of transfers statute
District of Columbia procedure: the transferee applies to the Superior Court (or the court that approved the settlement), the court holds a timely hearing at which the payee appears in person unless excused for good…
D.C. Code § 12-301: Limitation of time for bringing actions statute
D.C. Code § 28-3904: Unfair or deceptive trade practices statute
Lists the prohibited practices and states that a violation occurs whether or not any consumer is in fact misled, deceived or damaged.
D.C. Code § 28A-106. Effects of transfers statute
District of Columbia text on the consequences of an approved transfer: the obligor and annuity issuer may rely on the order in redirecting payments and are discharged as to the redirected payments, and the transferee…

Florida

Fla. Stat. § 744.387. Settlement of claims (guardianship). statute
Florida text allowing the court, on a guardian's petition stating the claim and the proposed settlement, to authorize a settlement it finds in the ward's best interest, with the order relieving the guardian of further…
Fla. Stat. § 46.015. Release of parties. statute
Florida text stating that a written release or covenant not to sue given to a person who is or may be jointly and severally liable does not release any other person liable for the balance of the claim, with the set-off…
Fla. Stat. § 626.99296. Transfers of structured settlement payment rights. statute
Florida text of the structured settlement transfer statute, stating its protective purpose, defining its terms, and going on to require the disclosures and the court approval on findings that a transfer of payment…
Fla. Stat. § 440.20. Time for payment of compensation and medical bills; penalties for late payment. statute
Florida workers' compensation text on the timing of compensation payments that, in subsection (11), states when a lump-sum settlement releasing the employer or carrier from future liability is allowed, including the…
Fla. Stat. § 744.3025. Claims of minors. statute
Florida text allowing the court to appoint a guardian ad litem before approving a settlement of a minor's claim where the gross settlement exceeds $15,000, and requiring one, subject to the exceptions in the section,…
Fla. Stat. § 768.041. Release or covenant not to sue. statute
Florida text stating that a release or covenant not to sue as to one tortfeasor for property damage, personal injury or wrongful death does not release any other tortfeasor liable for the same tort, and that at trial…
Fla. Stat. § 69.081. Sunshine in litigation; concealment of public hazards prohibited. statute
Florida Sunshine in Litigation Act, prohibiting any court order or judgment, and going on to declare void any agreement or contract, that has the purpose or effect of concealing a public hazard or information about it,…
Fla. Stat. § 744.301. Natural guardians. statute
Florida text making the parents the natural guardians of their minor children and, in subsection (2), allowing natural guardians without appointment or bond to settle and consummate a settlement of a minor's claim and…
Fla. Stat. § 768.31. Contribution among tortfeasors. statute
Florida enactment of the Uniform Contribution Among Tortfeasors Act: a right of contribution among persons jointly or severally liable in tort, limited to a tortfeasor who has paid more than a pro rata share, with the…
Fla. Stat. § 95.11: Limitations periods statute
Limitations periods text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Maryland

Md. Code, Labor and Employment § 9-722. Settlement of workers' compensation claims; Commission approval statute
Maryland text: after a claim is filed, a covered employee or dependents may agree with the employer, insurer or other listed parties to a final compromise and settlement of any current or future claim under the title,…
Md. Code, Courts and Judicial Proceedings § 5-1102. Transfer of structured settlement payment rights; court order required statute
Maryland text: a structured settlement obligor or annuity issuer may not pay a transferee unless the transfer is authorized by a court order with the express findings listed in the section, including that the transfer…
Md. Code, Labor and Employment § 3-715. Waiver of sexual harassment claims void statute
Maryland text making null and void, except as federal law prohibits, any provision in an employment contract, policy or agreement that waives a substantive or procedural right or remedy for a future claim of sexual…
Md. Code, Courts and Judicial Proceedings § 5-1101. Definitions (structured settlement transfers) statute
Definitions for Maryland's structured settlement protection subtitle, including discounted present value, payee, structured settlement, transfer and transferee.
Md. Code, Estates and Trusts § 13-401. Definitions (money paid to minors on tort claims) statute
Definitions for Maryland's subtitle on tort recoveries by minors, including minor (a person under 18 who resided in the State when the claim arose or when money is paid) and the other terms used in §§ 13-402 and 13-403.
Md. Code, Estates and Trusts § 13-403. Payment of net sum of $5,000 or more to minor statute
Maryland text: unless a court appoints a guardian of the property, when a minor recovers a net sum of $5,000 or more on a tort claim or judgment, the payer must pay by check made out in the prescribed trustee form, with…
Md. Code, Commercial Law § 13-101: Definitions (Maryland Consumer Protection Act) statute
Consumer means an actual or prospective purchaser, lessee or recipient of consumer goods, services, realty or credit, and expressly includes a co-obligor or surety for a consumer.
Md. Code, Commercial Law § 13-301: Unfair, abusive, or deceptive trade practices statute
The enumerated practices include any false or misleading statement with the capacity, tendency or effect of deceiving consumers; failure to state a material fact if the failure deceives or tends to deceive;
Md. Code, Courts and Judicial Proceedings § 3-1401 statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Md. Code, Courts and Judicial Proceedings § 3-1402. Right of contribution among joint tort-feasors statute
Maryland Uniform Contribution Among Joint Tort-Feasors Act text: contribution exists among joint tort-feasors, a tort-feasor may recover it only after discharging the common liability or paying more than a pro rata…

Massachusetts

Mass. Gen. Laws ch. 231, § 140C. Settlement or partial payment by insurer as admission of liability statute
No settlement or partial payment under a liability policy is construed as an admission of liability by the insured for any claim arising from the same event. Read with 231 § 140B.
Mass. Gen. Laws ch. 231, § 140C1/2. Settlement of claim of minor or incompetent; judicial powers; petition for settlement approval statute
Massachusetts text on court approval of a minor's or incompetent person's personal-injury settlement: the trial court may review and approve such a settlement in any case before it where a party has filed a petition for…
Mass. Gen. Laws ch. 231, § 140B. Advance payments or settlements of claims by insurers; effect upon liability; admissibility as evidence; credit upon judgment; notice of limitations to claimant by insurer; accrual of cause of action statute
A person or insurer may advance money or pay bills for a claimant without affecting liability, such payments are inadmissible at trial and credited against a judgment, and the section states a limitations-notice duty…
Mass. Gen. Laws ch. 231C, § 2. Transfers of structured settlement payment rights statute
Massachusetts structured settlement protection rule: no transfer of structured settlement payment rights is effective unless authorized in advance by a final court or administrative order with the written findings the…
Mass. Gen. Laws ch. 152, § 46. Waiver of rights to compensation; arbitration statute
No agreement by an employee to waive the right to compensation is valid, with binding arbitration under section ten preserved as an alternative. Read with 152 § 48 before drafting an employment release.
Mass. Gen. Laws ch. 231B, § 2. Pro rata shares of tortfeasors in entire liability; determination statute
In determining pro rata shares relative degrees of fault are not considered, a group may be treated as a single share where equity requires, and equitable principles of contribution apply. Read with 231B § 1 and § 4.
Mass. Gen. Laws ch. 231B, § 3. Enforcement of contribution; limitation; effect of judgment against one tortfeasor; judgment determining liability statute
Text on enforcing contribution by separate action or by motion in the original action, with the limitation periods and the effect of a judgment or a settlement the section states.
Mass. Gen. Laws ch. 231B, § 4: Release or covenant not to sue one or more tortfeasors; effect statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Mass. Gen. Laws ch. 231C, § 1. Definitions statute
Definitions for chapter 231C, including annuity issuer, applicable law, structured settlement and the other terms the transfer rules use. Read before drafting periodic-payment terms.
Mass. Gen. Laws ch. 231C, § 3. Waiver of Secs. 2 to 4; payee penalty for failure to transfer statute
Sections 2 to 4 may not be waived, and a payee incurs no penalty or liability to a proposed transferee when a transfer fails the conditions of section 2. Read with 231C § 2.

New Jersey

N.J.S.A. 10:5-12.8 Certain provisions in employment contract, settlement agreement deemed against public policy and unenforceable. statute
Required settlement notice text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
N.J.S.A. 2A:16-65 Provision of separate disclosure statement to payee, contents statute
Not less than three days before a payee signs a transfer agreement the transferee must give a separate disclosure statement in bold type no smaller than 14 points setting out the amounts and due dates of the payments to…
N.J.S.A. 2A:16-66 Approval required for payment statute
No transfer of structured settlement payment rights is effective, and no obligor or annuity issuer must pay a transferee, unless a court or responsible administrative authority approved the transfer in advance in a…
N.J.S.A. 10:5-12.7 Certain waivers in employment contract deemed against public policy and unenforceable. statute
Protected rights and nondisclosure restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
N.J.S.A. 2A:15-5.2 Findings of fact; percentage of fault; terms defined statute
In negligence and strict liability actions where liability is disputed, including social-host actions, the trier of fact finds the full value of the injured party's damages and the percentage of each party's negligence…
N.J.S.A. 2A:15-5.3 Recovery of damages; apportionment among responsible parties statute
Except as subsection d. provides, a recovering party may recover the full damages from any party found 60% or more responsible and only the percentage directly attributable to any party found less than 60% responsible,…
N.J.S.A. 2A:16-64 Definitions relative to structured settlements statute
Definitions for the Structured Settlement Protection Act, including "annuity issuer," "dependents," "discounted present value" (using the most recently published applicable federal rate) and "gross advance amount," with…
N.J.S.A. 2A:16-69 Provisions of act not waivable; controlling law; prohibitions statute
The act's provisions may not be waived by a payee, a transfer agreement by a New Jersey resident must provide that disputes are determined in and under New Jersey law, no transfer agreement may authorize confession of…
N.J.S.A. 34:15-20 Dispute; submission to division; order approving settlement statute
On a dispute over or failure to agree on a workers' compensation claim, either party may submit the claim to the Division of Workers' Compensation as to the facts, the nature and effect of the injuries and the amount of…
N.J.S.A. 34:15-22 Dispute; procedure; agreement no bar to determination on merits statute
No agreement between an employee and the employer or its insurance carrier for compensation bars the formal determination of a controversy unless it has been approved in open court by the commissioner, director, deputy…

New York

N.Y. General Obligations Law § 15-301: When written agreement or other instrument cannot be changed by oral executory agreement, or discharged or terminated by oral executory a... statute
Contract writings, modification and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
N.Y. General Obligations Law § 5-1706. Approval of transfers of structured settlement payment rights. statute
No transfer of structured settlement payment rights is effective, and no obligor or annuity issuer must pay a transferee, unless a court has authorized it in advance in a final order with express findings that the…
N.Y. CPLR § 1207. Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice; order of settlement. statute
On motion of the guardian of the property or guardian ad litem of an infant, or if none a parent with legal custody, or the committee or conservator of an incompetent or conservatee, the court may order settlement of an…
N.Y. CPLR Rule 1208. Settlement procedure; papers; representation. statute
Text listing the papers on an infant's or incompetent's compromise: an affidavit of the representative stating the relationship, the infant's age and residence, the circumstances of the claim, the nature and extent of…
N.Y. General Obligations Law § 15-101: § 15-101. Definitions. In this title, unless otherwise expressly statute
Release, discharge and modification text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
N.Y. General Obligations Law § 5-1704. Provisions prohibited in transfer agreement. statute
A transfer agreement may not contain, and any such provision is void, a waiver of the payee's right to sue or of jurisdiction or standing, a requirement that the payee indemnify the transferee or pay its defense costs…
N.Y. Social Services Law § 104-b. Liens for public assistance and care on claims and suits for personal injuries. statute
Where a recipient of public assistance and care has a claim or action for personal injuries, the public welfare official has a lien not exceeding the assistance furnished on and after the date of injury, notice of…
N.Y. CPLR § 1206. Disposition of proceeds of claim of infant, judicially declared incompetent or conservatee. statute
Property to which an infant, incompetent or conservatee is entitled, after court-allowed expenses, is distributed to the guardian of the property, committee or conservator to be held for that person's benefit, except…
N.Y. CPLR § 5001: Interest to verdict, report or decision statute
Settlements, compromise evidence and judgment interest text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
N.Y. CPLR Rule 3217. Voluntary discontinuance. statute
A party may discontinue a claim without an order by notice before a responsive pleading, or by filing a stipulation in writing signed by the attorneys of record for all parties before submission to the court or jury,…

Ohio

Ohio Rev. Code § 2111.18. Claim for injury to ward or damage to property - settlement. statute
Ohio text allowing the guardian of the estate of a ward to adjust and settle a claim for personal injury or property damage by or against the ward, with the probate court's approval the section goes on to require.
Ohio Rev. Code § 2323.58. Transfer of structured settlement payment rights definitions. statute
Ohio definitions for the structured settlement transfer sections 2323.58 to 2323.587, including annuity issuer, assignee, dependent and discounted present value.
Ohio Rev. Code § 2305.10. Bodily injury or injury to personal property. statute
Ohio text stating that an action for bodily injury or injury to personal property, and a product liability claim, must be brought within two years after the cause of action accrues, with the accrual rules and exceptions…
Ohio Rev. Code § 2323.581. Valid transfer of structural settlement payment rights. statute
Ohio text stating that no transfer of structured settlement payment rights is effective unless approved in advance by a final court order based on express findings, including that the transfer is in the best interest of…
Ohio Rev. Code § 4123.65. Application for approval of final settlement. statute
Ohio text allowing a state fund employer or employee to apply to the administrator of workers' compensation for approval of a final settlement of a claim, with the application including the settlement agreement and the…
Ohio Rev. Code § 2111.05. Termination of guardianship based on value of ward's estate. statute
Ohio text allowing the probate court, where a ward's whole estate does not exceed twenty-five thousand dollars, to terminate the guardianship and direct deposit of a minor's assets or delivery to the natural guardian,…
Ohio Rev. Code § 2125.02. Parties - damages (wrongful death). statute
Ohio text stating that a wrongful death action is brought by the personal representative for the beneficiaries the section names, defining who is an interested person, and referring to an application to approve…
Ohio Rev. Code § 2307.27. Satisfying judgment - apportioning liability. statute
Ohio text stating that recovery of a judgment against one tortfeasor does not itself discharge the others unless the judgment is satisfied, that satisfaction does not impair contribution rights, and that jury or court…
Ohio Rev. Code § 2307.28 | Release or a covenant not to sue or not to enforce judgment. statute
Release and covenant not to sue scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Ohio Rev. Code § 2323.582. Contents and form of disclosure statement. statute
Ohio text requiring a transferee, not less than ten days before a payee signs a transfer agreement, to provide a separate disclosure statement in at least fourteen-point boldface type setting out the payments to be…

Pennsylvania

42 Pa.C.S. § 8327. Liability to make contribution as affected by release. statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
231 Pa. Code Rule 2064. Compromise, Settlement, Discontinuance and Distribution (incapacitated persons as parties). court rule
Rule text: no action to which an incapacitated person is a party may be compromised, settled or discontinued except after court approval on a petition by any party in interest;
231 Pa. Code Rule 2039. Compromise, Settlement, Discontinuance and Distribution (minors as parties). court rule
Rule text: no action to which a minor is a party may be compromised, settled or discontinued except after court approval on a petition by the minor's guardian;
42 Pa.C.S. § 8326. Effect of release as to other tort-feasors. statute
Joint tortfeasor release scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Structured Settlement Protection Act (Act 1 of 2000, 40 P.S. § 4001 et seq.) statute
Text of the whole act. Section 3 provides that no transfer of structured settlement payment rights is effective, and no obligor or annuity issuer must pay a transferee, unless the payee has petitioned and a court has…
231 Pa. Code Rule 2206. Settlement, compromise, discontinuance and judgment (actions for wrongful death). court rule
Rule text: a wrongful death action in which a minor or incapacitated person has an interest may not be discontinued, and that interest may not be compromised or settled, until the court on petition allows the…
42 Pa.C.S. § 7102. Comparative negligence. statute
A plaintiff's contributory negligence does not bar recovery where it was not greater than the causal negligence of the defendants, damages being reduced in proportion;
42 Pa.C.S. § 8321. Short title of subchapter. statute
Subchapter B of Chapter 83 is the "Uniform Contribution Among Tort-feasors Act," and the page carries the subchapter's table of contents through § 8327.
42 Pa.C.S. § 8322. Definition. statute
"joint tort-feasors" are two or more persons jointly or severally liable in tort for the same injury to persons or property, whether or not judgment has been recovered against all or some of them.
42 Pa.C.S. § 8323. Scope of subchapter. statute
The subchapter does not impair any right of indemnity under existing law. Read § 8324 for the contribution right it does create.

Texas

Tex. Civ. Prac. & Rem. Code § 141.004. Approval of transfers of structured settlement payment rights. statute
Texas text stating that no transfer of structured settlement payment rights is effective unless approved in advance by a final court order with express findings, including that the transfer is in the best interest of…
Tex. Civ. Prac. & Rem. Code § 141.002. Definitions (structured settlement protection). statute
Texas definitions for the Structured Settlement Protection Act, including annuity issuer, court, discounted present value and the other terms the section lists.
Tex. Prop. Code § 142.008. Structured settlement (minor's or incapacitated person's recovery). statute
Texas text allowing the court, on motion, to provide for a structured settlement for a minor or incapacitated person represented by a next friend or guardian ad litem, with periodic payments funded by a…
Tex. Civ. Prac. & Rem. Code § 141.003. Required disclosures to payee. statute
Texas text requiring a transferee, at least three days before a payee signs a transfer agreement, to provide a separate disclosure statement in bold type of at least 14 points stating the payments to be transferred,…
Tex. Civ. Prac. & Rem. Code § 16.003. Two-year limitations period. statute
Texas text requiring suit for personal injury, conversion, trespass to property and the other claims the section lists to be brought not later than two years after the cause of action accrues, with the wrongful death…
Tex. Civ. Prac. & Rem. Code § 33.011. Definitions (proportionate responsibility). statute
Texas definitions for the proportionate responsibility chapter, including claimant, defendant, settling person, percentage of responsibility and responsible third party as the section states.
Tex. Civ. Prac. & Rem. Code § 33.012. Amount of recovery. statute
Texas text reducing a claimant's recovery by the claimant's percentage of responsibility and, where the claimant has settled with one or more persons, further reducing it by the sum of the settlement amounts, with the…
Tex. Civ. Prac. & Rem. Code § 33.016. Claim against contribution defendant. statute
Texas text defining a contribution defendant and entitling each liable defendant to contribution from each person who is not a settling person and is liable for a percentage of responsibility, with the procedure the…
Tex. Prop. Code § 142.001. Management by decree (minor's or incapacitated person's recovery). statute
Texas text allowing the court, in a suit where a minor or incapacitated person without a legal guardian is represented by a next friend or guardian ad litem, to provide by decree on application and hearing for the…
Tex. Prop. Code § 142.005. Trust for property. statute
Texas text allowing a court, on application and a finding that a trust would be in the beneficiary's best interests, to direct that funds accruing to a minor or incapacitated beneficiary under a judgment be delivered to…

Virginia

Virginia Code § 40.1-28.01. Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment statute
Virginia text voiding, as against public policy, any nondisclosure, confidentiality or nondisparagement provision an employer requires as a condition of employment that has the purpose or effect of concealing the…
Virginia Code § 8.01-424. Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties statute
Virginia text giving the court power to approve and confirm a compromise on behalf of a party under a disability (including a minor), binding the party except for fraud, and setting a petition procedure where no suit is…
Virginia Code § 59.1-476. Approval of transfers of structured settlement payment rights statute
Virginia text making any transfer of structured settlement payment rights ineffective unless authorized in advance by a final court order with express findings that the transfer is in the payee's best interest, that the…
Virginia Code § 8.01-35.1. Effect of release or covenant not to sue in respect to liability and contribution. statute
Release and mediation scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Va. Code § 59.1-198: Definitions statute
Va. Code § 59.1-199: Exclusions statute
Consumer protection exclusions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.
Va. Code § 8.01-382: Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest statute
The court or jury may fix the date interest begins on any principal sum awarded, and the order must provide for interest until the principal is paid.
Virginia Code § 59.1-475. Definitions statute
Definitions for the Virginia Structured Settlement Protection Act, including annuity issuer, applicable federal rate, discounted present value, payee, structured settlement and transfer.
Virginia Code § 59.1-475.1. Required disclosures to payee statute
Virginia text requiring the transferee, at least three days before the payee signs a transfer agreement, to give a separate disclosure statement in fourteen-point bold type listing the payments, aggregate amount,…
Virginia Code § 59.1-477. Procedure for approval of transfers statute
Virginia procedure for the transferee's application to the circuit court of the payee's domicile (or the court that approved the settlement), with optional referral to a commissioner of accounts and the notice…

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