Short Answer — What a “full and final” settlement usually means

An adjuster’s “full and final” settlement offer typically requires you to sign a release that gives up all present and future claims tied to the accident or incident in exchange for a lump-sum payment. If you sign, you generally lose the right to make later claims for additional medical care, lost wages, pain and suffering, or other damages connected to that occurrence.

This article explains the practical consequences under Missouri law, your options before signing, and what to do if you already signed. It is educational only and not legal advice.

How a full-and-final release works and why it matters

When an insurer sends a full-and-final offer, they normally ask you to sign a release document that:

• Describes the claims covered (for example, all claims related to the crash on [date]);
• States that the payment resolves those claims completely and forever;
• May include language that covers future medical expenses, future lost earnings, and other prospective damages.

Once you sign and cash the check (if the release is binding on cashing), the insurer will argue the claim is closed. That makes it difficult to reopen the case for additional treatment unless you can show a rare legal basis to rescind the release (fraud, duress, or mutual mistake), which is often expensive and uncertain.

Common consequences in Missouri

• You likely cannot recover payment for future medical treatment related to the same injury after signing a full release.
• Health insurer or government program liens (for example, Medicaid or Medicare) may still need to be resolved before you collect. Those liens can affect the net recovery and the structure of any settlement.
• Once you sign, undoing the release is difficult. Missouri courts will enforce clear releases, and relief is limited to narrow circumstances such as fraud or mistake.

For general Missouri government resources on insurance and statutes, see the Missouri Department of Insurance: https://insurance.mo.gov/ and the Missouri Revisor of Statutes: https://revisor.mo.gov/.

What to do BEFORE you sign a full-and-final release

1. Do not sign anything immediately. Ask for the release language and the proposed payment in writing and take time to review it.
2. Get medical clearance that your treatment is complete. Ask your treating provider whether you have reached maximum medical improvement (MMI) and whether future treatment or durable medical equipment is likely.
3. Estimate future medical costs. If medical treatment might continue, get a written estimate from your treating physician or from a life-care planner so you understand what future care could cost.
4. Check lien obligations. Contact any health insurers, Medicare, or Medicaid to learn whether they claim reimbursement from a settlement. Lien obligations affect how much you actually keep from a settlement.
5. Negotiate the release. Consider asking for:
   • a limited release (only for medical bills paid to date),
   • a reservation of rights for future care, or
   • a structured settlement or an amount that covers your expected future expenses.
6. Request more time. If you need additional treatment, ask the insurer to extend the decision deadline so treatment can finish or so you can get an expert estimate of future costs.
7. Talk to a lawyer before signing. An attorney experienced in Missouri personal injury and insurance matters can review release language, identify lien issues, and negotiate terms that protect future medical needs.

If you already signed — possible next steps

If you have already signed a full-and-final release, options are limited but may include:

• Attempting to rescind the release if you can prove the release was obtained by fraud, misrepresentation, undue pressure, or mutual mistake. These claims are fact-specific and often hard to win.
• Negotiating with the insurer for a small additional payment if new facts show previously unknown significant future costs. Insurers sometimes agree to reopen a file for practical reasons, but they are not obligated to do so.
• Exploring payment sources from health or disability insurance, workers’ compensation (if applicable), or other benefits that might cover further treatment.
• Consulting an attorney immediately to review the release and advise on any narrow legal options to challenge it and on preserving other benefit claims.

How an attorney can help in Missouri

An attorney can:

• Review release language and explain consequences in plain terms;
• Negotiate carve-outs or a settlement structure that accounts for future treatment;
• Identify and resolve subrogation or lien claims (private health insurers, Medicare/Medicaid);
• Advise on timing to preserve your right to sue before Missouri filing deadlines, and on whether a partial or full settlement is in your best interest.

If you’re considering representation, ask potential lawyers how they handle lien resolution and how they estimate future medical needs.

Helpful Hints

• Never sign a release on the spot if you have ongoing pain or pending treatment.
• Get medical records and written doctor opinions about whether your condition is stable or likely to require further care.
• Ask the insurer to provide the exact release and any check in advance so you can show both to a lawyer.
• Keep careful records of all treatment, bills, lost wages, and correspondence with the insurer.
• Be mindful of deadlines — if you decline a settlement, there are time limits to file a lawsuit. Consult an attorney about Missouri limitations and deadlines.
• Check whether Medicare or Medicaid might have a claim on any settlement; failing to protect those interests can reduce your net recovery or lead to penalties.
• Consider a limited release, structured settlement, or specific carve-outs for future medical care when negotiating.