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  1. #1

    Question Settling an Accident Claim and Signing a Release

    My question involves an injury that occurred in the state of: NYS

    Hi, I have been involved in an auto accident and after filling the lawsuit I received a settlement offer from insurance company. I signed the offer but I told that I have to sign the following STIPULATION DISCONTINUING ACTION WITH PREJUDICE before receiving the check:

    “IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person, not a party, has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice, without costs to any party as against the other. This stipulation may be filed without further notice with the Clerk of the Court “

    I understand the “with prejudice” section but I’m not sure about “without costs” section if I have not received the check yet. I appreciate any advise if I should have any concerns signing this before receiving the actual agreed settlement check.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Settling an Accident Claim and Signing a Release

    You have no costs above and beyond whatever you've agreed to in the settlement, so obviously you're not giving up anything by agreeing not to recover costs.

    In legal parlance, a reference to costs normally refers to the costs of litigation -- filing fees, jury fees, and the like.

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