| name | release-of-claims |
| title | Release of All Claims — Personal Injury |
| description | Drafts enforceable Release of All Claims documents for personal injury settlement resolution. Produces general releases with broad discharge language, unknown-claims waivers (including Cal. Civ. Code § 1542), consideration recitals, protective representations, and execution formalities. Use when drafting settlement releases, general releases, claim waivers, discharge agreements, or mutual release documents in personal injury litigation. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/release-of-claims |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | personal-injury |
| language | en |
| tags | ["agreement","drafting","litigation"] |
Release of All Claims — Personal Injury
Drafts an enforceable general release that terminates all claims between parties in exchange for settlement consideration, with maximum-breadth discharge language and jurisdiction-appropriate unknown-claims waivers.
Prerequisites
- Party identification — full legal names, addresses, corporate designations, representative capacity (executor, trustee, guardian, officer)
- Underlying dispute — incident dates, claim types, case numbers if filed
- Settlement terms — dollar amount, payment schedule, non-monetary components
- Governing law / jurisdiction — state law selection, venue, statutory waiver requirements
- Scope decisions — mutual vs. unilateral release; any carve-outs from released claims
- Prior agreements — settlement agreement, mediation terms, confidentiality provisions to cross-reference
Output Structure
1. Preamble & Parties
| Element | Requirements |
|---|
| Releasor | Full legal name, address, capacity; match to underlying litigation captions |
| Releasee | Full legal name + DBAs, former names; state whether extends to affiliates, subsidiaries, officers, directors, employees, agents, insurers, successors, assigns |
| Defined terms | Define "Releasor" and "Releasee" broadly to encompass all intended related parties |
2. Recitals
- Reference underlying dispute with specificity to define scope (dates, general nature)
- Frame as mutual desire for finality — no liability admissions
- Denial clause: "Releasee denies all liability but provides consideration to avoid expense and uncertainty of litigation"
- Acknowledge Releasor's opportunity to investigate facts, review documents, consult counsel
- Cross-reference parent settlement agreement (maintain confidentiality consistency)
3. Release Clause
Draft with maximum breadth covering all claims, demands, causes of action, suits, debts, obligations, damages, losses, costs, expenses, and attorneys' fees — known or unknown, suspected or unsuspected, matured or unmatured — from the beginning of time through execution.
Legal theory coverage — explicitly enumerate: contract (express/implied), tort (negligence, gross negligence, intentional torts, fraud, misrepresentation), statute, regulation, ordinance, common law, equity.
