78B-5-812. Release or settlement of personal injury claim -- When voidable.

203 words·~1 min read·/ut/title-78b/chapter-5/78b-5-812

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any release of liability or settlement agreement entered into within a period of 15 days from the date of an occurrence causing physical injury to any person, or entered into prior to the initial discharge of the person from any hospital or sanitarium in which the injured person is confined as a result of the injuries sustained in the occurrence, is voidable by the injured person, as provided in Sections 78B-5-812 through 78B-5-816 .

(2)Notice of cancellation of the release or settlement agreement, together with any payment or other consideration received in connection with the release or agreement shall be mailed or delivered to the party to whom the release or settlement agreement was given, by the later of the following dates:

(a)within 15 days from the date of the occurrence causing the injuries which are subject of the settlement agreement or liability release; or

(b)within 15 days after the date of the injured person's discharge from the hospital or sanitarium in which the person has been confined continuously since the date of the occurrence causing the injury.

Renumbered and Amended by Chapter 3 , 2008 General Session