Understanding a “Full and Final” Settlement Offer from an Adjuster in Connecticut
Not legal advice. This article explains general principles under Connecticut law and is for educational purposes only. Consult a Connecticut attorney before signing any release or settlement.
Detailed answer — what happens if an adjuster offers a full and final settlement but you need more treatment?
When an insurance adjuster offers a “full and final” settlement, they are proposing a lump-sum payment in exchange for your signing a release that ends the insurer’s legal responsibility for the accident or injury. In plain terms, if you sign a valid full-and-final release in Connecticut, you generally give up the right to pursue more money later for the same accident — including payment for additional medical treatment, future care, pain and suffering, or lost wages that appear after you sign.
Key legal points to understand:
- Signing is usually final. A properly drafted release is a contract. Once you sign it, a court will usually enforce it, barring rare exceptions (for example, fraud, mutual mistake, duress, or a release that fails to disclose material facts).
- Medical needs can change. Injuries sometimes reveal new problems days or months later. If you accept and sign a full-and-final release before your condition stabilizes, you likely cannot claim additional damages later.
- Insurer obligations and consumer protections. Connecticut law prohibits certain unfair settlement practices by insurers. If an insurer misrepresents material facts or pressures you unlawfully, you may have a regulatory complaint or a claim under unfair-practices rules. See Conn. Gen. Stat. § 38a-321 on unfair claim settlement practices: https://www.cga.ct.gov/current/section/38a-321.htm.
- Statute of limitations. Even if you do not sign a release, you must be aware of deadlines to bring a lawsuit. If you plan to preserve your right to sue, check Connecticut’s limitation periods and consult counsel promptly so you do not lose the right to sue while you negotiate. For official guidance on time limits, see the Connecticut General Assembly or speak with a lawyer.
Practical outcomes depending on what you do next:
- Do not sign if you need more treatment. Decline to sign a full-and-final release until your medical condition stabilizes and you know the likely course and cost of future care.
- Ask for a structured or conditional settlement. You can ask the insurer to: (a) reserve funds for future medical expenses; (b) pay for current treatment now and revisit remaining claims later; or (c) include a re-opener clause (rare but sometimes negotiable) that allows limited reopening of the claim if new problems appear.
- Ask for a limited release. Instead of a general release, ask for a release that covers only specific bills or specific time periods, or that expressly excludes future medical claims.
- Request a medical lien arrangement. If health providers or Medicare/Medicaid may have liens, negotiate how those liens will be satisfied out of any settlement before signing.
- Get offers in writing and review by counsel. Never sign a release without understanding its language and legal effect. A Connecticut attorney can advise whether the release fairly compensates you for past and likely future losses.
If you already signed a full and final release
- You may be bound by the release and unable to recover additional compensation for the same injury.
- Possible exceptions are limited and fact-specific: fraud, misrepresentation, mutual mistake, incapacity, or that the release did not actually encompass the particular claim. Courts interpret releases by their terms and surrounding facts.
- If you believe the insurer or adjuster engaged in misconduct (for example, withholding material facts or using unfair tactics), you can consult an attorney about rescinding the release and file a complaint with the Connecticut Insurance Department: https://portal.ct.gov/cid.
Bottom line: A full-and-final settlement can close off future claims. If you need more treatment, preserve your rights by delaying signing, negotiating limited language, documenting your medical status, and getting legal advice before you sign anything.
Helpful Hints — practical steps to protect yourself in Connecticut
- Keep careful medical records. Document all treatments, diagnoses, and recommendations from providers.
- Delay signing any release until your condition stabilizes or you have a reliable prognosis.
- Ask the insurer in writing for a breakdown of how they calculated the settlement number (medicals, lost wages, pain and suffering). Written offers create a record.
- Consider a limited release or a holdback that pays current bills but preserves claims for future medical needs.
- Ask whether the settlement will affect health insurance subrogation, Medicare/Medicaid, or provider liens, and get those issues resolved in writing before signing.
- Contact a Connecticut personal-injury attorney or use the Connecticut Bar Association lawyer referral service if you are unsure: https://www.ctbar.org/.
- If an adjuster pressures you or misrepresents facts, document the interaction and consider filing a complaint with the Connecticut Insurance Department: https://portal.ct.gov/cid.
- Don’t give a recorded statement, sign medical releases, or sign a release without legal advice if your injury is unresolved.