Personal Injury Settlement Agreement - Montana

PERSONAL INJURY SETTLEMENT AGREEMENT AND MUTUAL RELEASE — MONTANA

This Personal Injury Settlement Agreement (“Agreement”) is made on [__/__/____] between [CLAIMANT FULL LEGAL NAME] (“Claimant”), at [ADDRESS], and [RESPONDENT FULL LEGAL NAME] (“Respondent”), at [ADDRESS]. Respondent's capacity is [INDIVIDUAL / ENTITY TYPE AND STATE].

1. Incident and disputed claims

The Agreement concerns the incident on [__/__/____] at [LOCATION, COUNTY, MONTANA] involving [DESCRIBE INCIDENT] (“Incident”). Claimant asserts personal injury and related loss; Respondent disputes liability. The parties wish to resolve Claimant's claims against the persons identified below without an admission of fault.

2. Settlement payment

Respondent shall pay $[AMOUNT] (“Settlement Payment”) to [PAYEE] by [PAYMENT METHOD] no later than [__/__/____]. Delivery instructions are [ADDRESS OR SECURE ACCOUNT INSTRUCTIONS]. The parties will document receipt in writing. If the full payment does not clear by that date, Claimant may give written notice to Respondent at [NOTICE ADDRESS OR EMAIL] and allow [NUMBER] days to cure. Until full payment clears, Claimant's release in Section 3 and any dismissal duty in Section 7 are not effective.

No other payment, annuity, assignment, tax characterization, or benefit representation is agreed unless stated in a signed attachment identifying the payer, amount, due date, and recipient.

3. Claimant's release after payment

Upon full effective payment, Claimant releases only the following persons and entities (“Released Parties”) from all claims belonging to Claimant arising from the Incident, whether known or unknown when this Agreement is signed:

The released claims include Claimant's claims for bodily injury, future consequences of injury, medical expense, lost earnings, pain and suffering, and property damage caused by the Incident. Claimant understands that the harm may prove greater than expected and accepts that risk as to the Released Parties. This release does not cover claims arising from a different event or claims belonging independently to anyone who has not signed with authority to release them.

4. Respondent's release

Upon full effective payment, Respondent releases Claimant from any claims belonging to Respondent arising from the Incident, including claims for [DESCRIBE ANY VEHICLE OR PROPERTY LOSS TO BE RESOLVED]. Respondent does not purport to release a claim belonging to an insurer, affiliate, employee, or another person who has not signed with authority to release it.

5. Claims involving others

Claimant reserves claims against all persons and entities not named as Released Parties in Section 3. Claimant understands that this reservation does not prevent application of Mont. Code Ann. § 27-1-703. In a qualifying later action, fault of a person with whom Claimant settled or whom Claimant released may be considered, and the claim against others may be reduced by that person's equitable share as the statute provides. This Agreement does not fix any person's percentage of fault.

6. Asserted liens and payment interests

The parties will list asserted liens, reimbursement rights, conditional-payment claims, or other payment interests relating to the Incident in Attachment A. For each, Attachment A will identify the claimant, amount asserted, supporting basis, agreed payment or holdback, and party responsible for resolution. A disputed assertion is not admitted as valid merely by signing this Agreement. No party undertakes a general duty to defend or indemnify another for unidentified interests unless a signed addendum states its scope and limit.

7. Pending action, if any

☐ No action concerning the Incident is pending between Claimant and Respondent.

☐ The action captioned [CASE CAPTION AND CAUSE NUMBER] is pending in [COURT]. Within [NUMBER] days after the full Settlement Payment clears, [PARTY / COUNSEL] will file the agreed dismissal [WITH / WITHOUT] prejudice as to [SPECIFY PARTIES AND CLAIMS]. Each side bears its own fees and costs unless the parties state a different allocation here: [DETAILS].

8. Party statements and complete agreement

Each signatory states that the signatory has authority to bind the party identified beside the signature, has read this Agreement, understands its scope, and signs voluntarily. Claimant discloses any assignment of released claims here: [DETAILS OR “NONE”]. Each party has had the opportunity to consult independent counsel.

This Agreement is the parties' complete agreement concerning the Incident claims it describes. A change must be in a writing signed by Claimant and Respondent and, if it changes another Released Party's rights or obligations, that party. Montana law governs. If a provision cannot be enforced, the rest remains effective to the extent it can operate consistently with the settlement. Notices under this Agreement must be sent to the addresses above unless a party gives a replacement address in writing.

9. Signatures

Claimant

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Respondent

Signature: [________________________________]

Printed name and title: [________________________________]

Entity represented, if any: [________________________________]

Date: [__/__/____]

Additional Released Party accepting this Agreement, if any

Signature: [________________________________]

Printed name and title: [________________________________]

Party represented: [________________________________]

Date: [__/__/____]

Attachment A — asserted payment interests