This compromise and settlement agreement provides a release of claims and sets forth
the terms of a negotiated agreement between the representative of a minor plaintiff and
a defendant to settle a minor’s personal injury claims. The document anticipates the
matter being handled outside the scope of defendant’s insurance, if any. The
agreement contains standard provisions, including a confidentiality clause, but also
contains opportunities for optional language, making the document fully customizable to
fit the needs of the drafting parties.
This compromise and settlement agreement is made by and between __________ [Instruction:
Insert name of claimant.] (“Plaintiff”), [Instruction: If the Plaintiff is a minor and the
lawsuit has been brought on the minor’s behalf, insert the following language: “by and
through his/her Guardian Ad Litem _____________] whose address is __________,
[Instruction: Insert Plaintiff’s or Guardian Ad Litem’s address.] and __________
[Instruction: Insert name of party against whom claim is made.] (“Defendant”), whose
address is __________. [Instruction: Insert Defendant’s address.]
The parties stipulate to the following:
1. Plaintiff asserts a claim against defendant based on __________ [Instruction: Insert brief
description of dispute and facts.].
2. An action based on this claim is now pending in the Court of __________ County, case
number __________, with plaintiff represented by attorney __________, and defendant
represented by attorney __________. [Instruction: Insert applicable court and attorney
3. In order to avoid the time, risk and expense associated with the dispute and potential
litigation resulting from the claim, and to further their respective best interests, the parties
hereto now desire to compromise and settle any and all claims that each party now has,
whether known or unknown, asserted or unasserted, against the other, and their predecessors,
successors, assigns, heirs, executors, administrators, legal representatives, agents, officials,
both elected and appointed, and employees, former and present, in both their official and
individual capacities, arising out of, or in connection with the dispute described herein.
4. Defendant expressly denies any liability in connection with the alleged claim.
5. The parties wish to reach a full and final settlement of the action and all matters arising from
the dispute described above.
Therefore, in consideration of the mutual promises set forth, the parties agree to the following:
A. Defendant will pay to plaintiff $__ [Instruction: Insert amount of settlement agreed
upon, and when same will be paid, for example, upon execution of this agreement.].
Plaintiff will execute a Request for Dismissal, dismissing the pending action with
prejudice, and deliver such Request for Dismissal to the Defendant upon the execution of
this agreement. Each party shall pay any and all court costs and attorney’s fees
incurred on its behalf with respect to this action. [Instruction and Comment: This
language may be revised if alternate agreement has been made regarding attorney’s
fees and court cost. Parties should also ensure such payment agreement is
permitted in the applicable jurisdiction.]
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A. Each party hereto releases the other from any and all rights and claims that they may have
against the other arising from the dispute described above. This agreement is a
compromise of a disputed matter and may not be construed as an admission of any party's
liability. Nothing in this Agreement is an admission by any party of any liability. The
parties in fact expressly deny liability of any kind and have entered into this agreement
solely to avoid the time, risk and expense of further dispute and potential litigation.
B. In exchange for the consideration above Plaintiff agrees to release, dismiss and hold
harmless the Defendant and all its predecessors, successors, assigns, heirs, executors,
administrators, legal representatives, agents, officials, both elected and appointed, and
employees, former or present, in both their individual and official capacities, from any
and all matters, debts, dues, sums of money, covenants, controversies, agreements,
promises, trespasses, damages, losses, expenses, costs, liabilities, obligations, demands,
grievances, suits, complaints, judgments, decrees, executions of whatever kind, in law or
in equity, absolute, contingent, likely or unlikely, claims, causes of actions and liability of
any kind whatsoever, arising from, in relation to, or in connection with, any matters
regarding the dispute set forth herein and release any and all claims of any kind that the
Plaintiff may now have, known or unknown, now existing or that might arise hereafter,
which are directly or indirectly attributable to the above-described occurrences. Further,
Plaintiff agrees it shall not seek any further settlement from Defendant, other than as
agreed herein, including seeking any insurance proceeds from any insurer of Defendant.
C. This agreement was the result of a negotiated settlement. The parties acknowledge and
agree that they have each had the opportunity to have this Agreement reviewed by
counsel of their choosing. Therefore, the normal rule that ambiguities are construed
against the drafter shall no