USAA’s release for minors includes this language:
I/We do hereby state that said minor is completely recovered from any and all injuries sustained as a result of said accident and promise to bind myself/ourselves jointly and severally, my/our heirs, administrators and executors repay to the said ________________________ his/her heirs, successors and assigns any sum of money, except the sum above mentioned that he/she/they may hereafter be compelled to pay because of the said accident.
USAA is trying to put itself in the best position that it can to prevent minor plaintiffs from later disavowing the settlement. But it is silly to suggest that having the child’s parents affirm that the child has completely recovered is of any help. You could even argue it makes the problem worse: the parent(s) did not even know the child was so severely injured.
How can parents offer this expert opinion anyway? Which leads to the other problem? How do parents sign this release when they really can’t authoritatively speak to the issue? I think the best strategy for accident lawyers dealing with these types of releases is to simply cross out the offending language.