Detailed Answer
If an insurance adjuster offers you a “full and final” settlement while you still need additional medical treatment, the practical effect is usually that you give up (release) all future claims against the insurer or the at-fault party for injuries related to that claim. Under Maryland law, clear and unambiguous settlement releases are generally enforceable. That means if you sign a full-and-final release and later discover you need more medical care, you will likely be unable to recover additional money for those new or continuing medical expenses unless a legal exception applies.
Why a full-and-final settlement matters
A full-and-final settlement typically includes a release document. A release is a contract in which you accept a specified sum and give up the right to sue or seek further payment for the same injury. Once you sign the release and receive payment, courts will usually treat the agreement as binding. Because releasing future claims is the release’s core purpose, signing without protecting future needs can permanently cut off recovery for additional treatment costs, pain and suffering, lost wages, or other damages that arise later.
Timing and the statute of limitations
Even if you do not sign a release, remember that Maryland sets time limits (statutes of limitations) for suing over personal injuries. In Maryland, the general time limit to bring a personal injury lawsuit is governed by the state statute of limitations for tort claims. For planning purposes, you should be aware of the deadline and not rely on indefinite delays. For the statutory language and timing rules, see the Maryland statutory code on civil actions (personal injury) at the Maryland General Assembly site: Md. Code, Courts & Judicial Proceedings § 5-101.
Options before signing
- Do not sign in a hurry. Ask for the full release document in writing and review it slowly.
- Insist the release carve out (reserve) future medical expenses for care that is not yet known or anticipated. Many settlements are structured to pay current treatment and reserve (or set aside) money for future care.
- Ask for a defined settlement that pays current bills and expressly excludes future care, or ask for a structured settlement or trust that pays for future treatments as they arise.
- Request a written offer that allocates a portion of the settlement to future medical expenses—this helps with healthcare liens and subrogation issues (for example, Medicare/Medicaid).
- Request time to speak with a lawyer and your treating doctors before signing. In Maryland, you have the right to consult an attorney before agreeing to a release.
What if you already signed and now need more treatment?
If you already signed a full-and-final release and later need more care, your remedies are limited but may include:
- Review the release closely. Some releases include narrow language or express exceptions for particular future conditions.
- Negotiate with the insurer. Occasionally an insurer will agree to additional payment to avoid bad publicity or litigation, but they are not required to do so when a clear release exists.
- Challenge the release in court. Maryland courts may set aside or refuse to enforce a release if you can show fraud, material misrepresentation, mutual mistake, duress, incapacity, or that the release is unconscionable. These are fact-specific and often difficult to prove.
- Check for special protections. If you were a minor when you signed, or lacked capacity, different rules may apply and the agreement may be voidable.
- Determine if other parties may still be liable. A release may cover only one defendant or insurer; if another at-fault party exists and was not included in the release, you might still have a claim against that party—check the release language carefully.
Practical examples (hypotheticals)
1) You have a car crash and the insurer offers $10,000 as “full and final” settlement. Your medical providers think you may need surgery in six months. If you sign the release for $10,000 and the release contains no reservation for future treatment, you will probably be unable to recover money later for that surgery.
2) The insurer offers $10,000 but you demand language that reserves claims for future medical care related to the crash. The insurer agrees to pay $7,000 now and to place $3,000 in a medical set-aside tied to future treatment. That preserves your ability to get additional payments for the treatment covered by the set-aside.
Medical liens, subrogation and government benefits
If government programs (Medicare, Medicaid) or private health insurers paid treatment, they often have rights to be reimbursed from any settlement. Before you settle, confirm who has liens and how the settlement will be allocated. Ask the insurer for a lien breakdown and consult counsel to avoid unexpected repayment obligations.
Where to get help
If you face a full-and-final offer while treatment is ongoing, strongly consider consulting an attorney who handles personal injury and insurance claims in Maryland. An attorney can:
- Review the release language and advise whether it bars future claims;
- Negotiate reservation language, structured settlement, or a set-aside for future care;
- Identify liens and protect your net recovery;
- Evaluate whether a signed release might be challengeable (fraud, incapacity, mistake, etc.).
For consumer information about insurance practices in Maryland, see the Maryland Insurance Administration: https://insurance.maryland.gov/. For general Maryland court and self-help resources, see the Maryland Courts site: https://www.mdcourts.gov/legalhelp.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. If you need advice about your specific situation, consult a qualified Maryland attorney.
Helpful Hints
- Never sign a release the insurer gives you until you read it completely and understand whether it includes future-care reservations.
- Request all settlement terms in writing. Get the release language before you accept any check.
- Ask for time—don’t accept a deadline to sign immediately. Use the time to contact an attorney and your treating physicians.
- Ask the insurer to allocate the settlement amount (special damages vs. general damages) and to explain liens and subrogation claims in writing.
- Consider asking for a structured settlement or a dedicated medical set‑aside to cover future treatment.
- Keep copies of all medical records, bills, and correspondence; those documents matter if you later need to dispute the release.
- If you already signed and later received worse diagnoses, keep detailed records and consult an attorney promptly—some limited remedies may still exist depending on the facts.
- Be especially cautious if you have government healthcare (Medicare/Medicaid); federal and state rules can require repayment if you settle without addressing those interests.