Personal Injury Settlement Agreement - Idaho

Personal Injury Settlement Agreement

Effective date: [__/__/____]

Claimant: [FULL LEGAL NAME], [ADDRESS]

Paying party: [FULL LEGAL NAME AND CAPACITY], [ADDRESS]

Claim or case: [DATE AND LOCATION OF INCIDENT; CASE NAME, COURT, AND NUMBER IF FILED]

The parties identified above agree to settle the personal injury claim described here on the following terms. Each signer states that the signer has authority to enter this agreement in the capacity shown below.

1. Payment and approval

The paying party will pay $[AMOUNT] to [PAYEE / TRUST ACCOUNT] by [WIRE / CHECK] no later than [DATE OR NUMBER OF DAYS AFTER CONDITIONS ARE MET]. Payment is complete when the funds clear. No party must file a dismissal before the payment clears.

☐ No court approval is required for this claimant. The claimant is an adult signing personally and no court approval condition has been identified.

☐ Court approval is required. The parties will present the proposed settlement to [COURT] through [PETITIONER / COUNSEL]. No release or disbursement takes effect until the required approval order is entered. The paying party will pay on the deadline above after receiving that order. Attach the order as Exhibit A.

Before you use this: For a minor's claim for money, Idaho Code § 15-5-409a currently requires approval on a verified petition before the proposed compromise is effective. That section is marked effective only until January 1, 2027; check the law in force when a later petition is filed.

If approval is denied or materially changed, either party may end this agreement by written notice unless both sign revised terms. Any money already delivered will be returned to the paying party, subject to a court order.

2. Release after payment

Only when the conditions in Section 1 are met and the full settlement payment clears, the claimant releases the following named persons or entities from the claimant's personal injury claims arising from the incident identified above:

The release covers claims for known and unknown injury arising from that incident through the date signed. It does not release claims arising from a later act, claims to enforce this agreement, or any person or entity not named in the table. The parties will identify any additional claim or person they intend to include here before signing: [NONE / DETAILS].

Idaho Code § 6-805 governs how a release of one tortfeasor affects claims against others. This agreement does not direct the discharge of a person who is not named above. Any reduction of a claim against another person depends on the statute's joint-liability and factfinder conditions; the parties make no promise about that later result.

The paying party denies liability. Payment and this agreement resolve a disputed claim and are not an admission of fault.

3. Reimbursement claims and disbursement

The parties have listed known asserted liens, reimbursement interests, and other claims to the proceeds below. The list records claims asserted or identified; it does not concede their validity or amount.

Holdback holder: [NAME / TRUST ACCOUNT / NONE]

Amount withheld pending resolution: $[____]

The holder may disburse a listed amount only as the parties specify in a signed instruction, a documented resolution with the claimant or payor, or a court order. The balance will be paid to [CLAIMANT / OTHER PAYEE] within [____] days after the holder receives the necessary documentation. This agreement does not release a third party's claim against settlement proceeds. Each party will promptly share any later notice of an asserted claim relating to the incident.

Payment allocation, if agreed: [NONE / EXHIBIT B WITH AMOUNTS AND PURPOSES]. This allocation records the parties' agreement; it does not decide tax or reimbursement treatment imposed by applicable law.

4. Pending case and documents

☐ No lawsuit is pending.

☐ A lawsuit is pending: [CASE NAME / NUMBER / COURT]. Within [____] days after cleared payment and any required approval, the parties will sign and file the agreed dismissal document covering the claims released in Section 2. The dismissal will be [WITH / WITHOUT] prejudice as to those claims. Any other pending claims will be addressed separately in the attached schedule: [NONE / EXHIBIT C].

Each party will provide the documents reasonably needed to carry out these agreed steps. No party is required to make a false factual or tax statement.

5. Performance and disputes

Notices under this agreement must be sent to the addresses or emails listed below. A party alleging breach will give written notice describing the breach and a requested cure, if a cure is possible. The parties may seek relief available under applicable law if the matter is not resolved. This agreement does not create an automatic fee award, a fixed interest rate, or an automatic judgment.

Idaho law governs this agreement. Any amendment must be in a writing signed by both parties. If a provision cannot be enforced, the remaining provisions continue to the extent they can operate as the parties intended. The parties may sign counterparts and exchange signed copies by an agreed method.

Claimant notice address and email: [________________________________]

Paying party notice address and email: [________________________________]

6. Signatures

By signing, each party accepts the payment, approval, release, reservation, and disbursement terms above. Each signer has read the completed exhibits and schedules listed here: [NONE / EXHIBIT A / EXHIBIT B / EXHIBIT C].

Sources and References

• Idaho Code § 6-805 (effect of release on other tortfeasors)
• Idaho Code § 15-5-409a (current minor claim compromise procedure)