Release of All Claims - Delaware

RELEASE OF ALL CLAIMS

(State of Delaware)

1. PARTIES

This Release of All Claims (this "Release") is made and entered into as of [__/__/____] by and between:

Releasor: [________________________________], an individual residing at [________________________________] ("Releasor"); and

Releasee(s): [________________________________], residing/located at [________________________________] ("Releasee"), together with the Releasee's insurer, [INSURER NAME] ("Insurer"), Claim No. [____________], Policy No. [____________].

The Releasor and the Releasee are each a "Party" and together the "Parties."

The person responsible for the Settlement Sum is [PAYER LEGAL NAME] ("Payer"), whose signature appears below. The Payer is [Releasee / Insurer / Other: __________].

2. RECITALS

A. On or about [__/__/____], at or near [LOCATION OF INCIDENT], an incident occurred in which the Releasor allegedly sustained bodily injury, property damage, and other losses (the "Incident").

B. The Releasor asserts that the Incident and resulting losses were caused by the Releasee. The Releasee denies liability and disputes the nature and extent of the Releasor's alleged damages.

C. The Parties desire to fully and finally compromise, settle, and resolve all disputed claims arising out of the Incident, without further litigation, upon the terms set forth in this Release.

3. CONSIDERATION

In consideration for this Release, the Payer shall pay the Releasor or the recipient authorized under Section 12 the total sum of [AMOUNT IN WORDS] Dollars ($[__________]) (the "Settlement Sum") by [PAYMENT METHOD] no later than [__/__/____]. If a court order or other approval is required for a minor or protected Releasor, payment shall instead be due within [____] days after that approval becomes effective, to the recipient or account it authorizes: [PAYMENT DETAILS / NOT APPLICABLE]. This Release takes effect only when the full Settlement Sum has been received in cleared funds by the Releasor or authorized recipient and any required approval under Section 12 has become effective. The Releasor acknowledges receipt and sufficiency of the consideration only upon that payment. The Releasor agrees that the Settlement Sum is the sole and entire consideration for this Release and that no other promise or representation has been made except as expressly stated herein.

4. RELEASE OF ALL CLAIMS (KNOWN AND UNKNOWN)

4.1 General Release. The Releasor hereby releases, acquits, and discharges the Releasee, the Insurer, and their respective agents, employees, officers, directors, principals, predecessors, successors, assigns, insurers, and reinsurers (collectively, the "Released Parties") from the Releasor's own claims, demands, actions, damages, costs, expenses, and compensation arising out of the Incident, whether known or unknown, suspected or unsuspected, fixed or contingent, to the extent those claims may lawfully be released. This Release does not purport to extinguish a lien or independent claim owned by another person.

4.2 Unknown Claims Acknowledged. The Releasor understands and agrees that this Release is intended to extend to claims the Releasor does not know or suspect to exist in the Releasor's favor at execution, including consequences of injuries that may later develop or be discovered. The Releasor assumes the risk of such unknown claims to the extent they may lawfully be released.

5. EFFECT ON OTHER TORTFEASORS; RESERVATION OF RIGHTS

5.1 Statutory Rule. Under 10 Del. C. § 6304(a), a release by the injured person of one joint tortfeasor, whether before or after judgment, "does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid." Under § 6304(b), the released tortfeasor is relieved from contribution liability only if the release is given before the contribution right accrues and provides for a pro rata reduction of the injured person's recoverable damages.

5.2 Reservation (select one).

☐ Release limited to the Released Parties only. This Release discharges only the Released Parties named in Section 4.1. The Releasor expressly reserves all claims and rights of recovery against any and all other persons or entities who are or may be liable for the Releasor's injuries arising from the Incident, including non-settling joint tortfeasors. The claim against any non-settling tortfeasor shall be reduced as provided in 10 Del. C. § 6304.

☐ Release of all tortfeasors. The Parties intend this Release to discharge all persons and entities liable for the Incident, whether or not named herein.

5.3 Pro Rata / Contribution Reduction (optional; use only with the first choice in Section 5.2).
☐ The Parties agree that the total claim against all other tortfeasors shall be reduced by the pro rata share of the Released Parties. This option may relieve a released joint tortfeasor from contribution under 10 Del. C. § 6304(b) only if the release is given before another tortfeasor's right to a money judgment for contribution accrues and the statutory conditions are met.

6. NO ADMISSION OF LIABILITY

This Release is a compromise of disputed claims. Neither the payment of the Settlement Sum nor the execution of this Release shall be construed as an admission of liability or wrongdoing by any Released Party, all such liability being expressly denied.

7. LIENS, MEDICARE / MEDICAID, AND ASSERTED-INTEREST RESOLUTION

7.1 Asserted-Interest Inventory. Identify each asserted interest, holder, amount, dispute status, and proposed payoff, holdback, escrow, or direct-payment instruction in [ATTACHMENT / DETAILS]. Listing an interest does not admit its validity, amount, priority, or allocation.

7.2 Medicare Secondary Payer. If Medicare made conditional payments for injury-related items or services, the parties shall identify the payment and reimbursement record, the responsible primary plan, and the agreed resolution procedure under 42 U.S.C. § 1395y(b)(2). This Release makes no representation that Medicare's interests have been resolved without the supporting record. (Check if applicable.)
☐ The Releasor is a Medicare beneficiary.
☐ The Releasor is not currently a Medicare beneficiary. Expected Medicare enrollment, if known: [DATE / UNKNOWN].
☐ A liability future-medical allocation of [$__________] has been documented after matter-specific legal and medical review. It is not represented as CMS reviewed or approved.

7.3 Asserted-Interest Resolution. Record each asserted lien, reimbursement, or recovery interest and the agreed payoff, direct payment, holdback, escrow, or dispute procedure in [ATTACHMENT / DETAILS]. No blanket indemnity, defense duty, penalty shift, or attorney-fee obligation is created by this form; any negotiated allocation must be separately stated and reviewed.

8. DERIVATIVE AND CONSORTIUM CLAIMS

The Releasor releases only claims the Releasor owns. A spouse or other person with an independent claim arising from the Incident releases that claim only if the person is identified as an additional Releasor, the claim and settlement consideration are stated in an attached signed schedule, and that person signs this Release. Otherwise that person's claim is reserved. Additional Releasor and claim schedule: [ATTACH / NONE].

9. REPRESENTATIONS AND WARRANTIES

The Releasor represents and warrants that the Releasor:

a. has not assigned, pledged, or transferred any claim released herein to any other person or entity;

b. if signing for the Releasor's own claim, is legally competent to execute this Release; if signing for a minor or protected claimant, holds the authority and approval identified in Section 12;

c. has been afforded the opportunity to consult independent legal counsel of the Releasor's choosing and either has done so or has knowingly waived that right;

d. has read this Release in its entirety, understands its terms, and executes it freely and voluntarily, without duress or undue influence; and

e. relies solely upon the Releasor's own judgment and not upon any representation by the Released Parties as to the nature or permanence of the Releasor's injuries.

10. CONFIDENTIALITY (OPTIONAL)

☐ Confidentiality elected. The Parties agree to keep the terms and amount of this settlement confidential and shall not disclose them except as required by law, to professional advisors, or to enforce this Release.

☐ Confidentiality not elected.

11. GOVERNING LAW

This Release shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising under this Release shall be brought in the courts of the State of Delaware.

12. MINOR'S / INCAPACITATED PERSON'S COMPROMISE

Minor or protected claimant gate. Do not rely on a fixed dollar threshold in this form. Before signature, payment, or dismissal, state-specific counsel must identify the claimant status, gross and net settlement, pending-action status, representative authority, required court or fiduciary approval, permitted recipient or account, and current governing authority. Attach the approval order and authority; until all required steps are complete, no release by or for that claimant becomes operative.

Minor's / protected person's name: [________________________________] Date of birth: [__/__/____]
Next friend / guardian executing on behalf of minor: [________________________________]
Court and case number (if applicable): [________________________________]
Order approving compromise dated: [__/__/____]

13. EXECUTION

The Releasor has read this Release, fully understands it, and signs it voluntarily.

RELEASOR

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PAYER (accepting the payment obligation in Section 3)

Signature: [________________________________]
Printed name and capacity: [________________________________]
For: [PAYER LEGAL NAME]
Date: [__/__/____]

ADDITIONAL RELEASOR (only if identified with an independent claim in the signed Section 8 schedule)

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Notarial acknowledgment, if required by the settlement or order: [ATTACH COMPLETED CERTIFICATE / NOT REQUIRED].

Sources and References

• 10 Del. C. Chapter 63 — Uniform Contribution Among Tortfeasors Law
• Delaware Superior Court Civil Rule 133 — 2026 Rules of Civil Procedure
• Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b)