FAQ: What happens if the adjuster offers a full and final settlement and I need more treatment?

Short answer

If an insurance adjuster offers a “full and final” settlement while you still need medical treatment, do not sign a release until you understand the medical prognosis and how the payment handles future care. A full-and-final release typically closes your claim and prevents you from seeking any more money later. You can negotiate the offer, ask for money to cover future treatment, request a limited release, or refuse the offer and pursue a higher settlement or a lawsuit. If you already signed, your options are limited unless the release was procured by fraud, misrepresentation, or other legal defects.

Detailed answer — what this means under New Hampshire law and practical steps

1. What is a full-and-final settlement?

A full-and-final settlement is a legal agreement (release) where you accept a payment in exchange for giving up the right to pursue further claims related to the accident or injury. Once you sign a broad release, you generally waive future claims for medical costs, pain and suffering, and lost wages arising from the same incident.

2. Why signing can be risky if you still need treatment

• Medical conditions can change: some injuries worsen or require lengthy rehabilitation.
• Future care can be expensive. A one-time payment may be inadequate to cover future medical bills or ongoing therapy.
• Releasing the insurer removes leverage to pay later medical bills related to the incident.

3. What to do before you consider signing

• Get a current written medical prognosis from your treating provider that estimates future treatment, costs, and expected recovery timeline.
• Ask the adjuster for a full written offer and a copy of the proposed release. Read it carefully. Pay attention to the scope of the release wording and whether it mentions future medicals.
• Identify other payers (health insurer, Medicare, workers compensation) who may have subrogation or lien claims against settlement proceeds.
• Calculate non-medical damages you may still have (lost earnings, diminished earning capacity, pain and suffering) so you can compare to the offer.

4. Ways to handle settlement talks when future treatment is needed

• Refuse the offer and negotiate a higher lump-sum that reasonably covers projected future medical costs and other damages.
• Ask for a limited release that covers only past expenses and losses, preserving the right to pursue future medical costs tied to the same incident.
• Negotiate a structured settlement or periodic payments to assure money for ongoing care over time.
• Ask to place settlement funds in escrow or a trust with clear rules for future medical disbursements.
• Request that the insurer pay future medical bills directly subject to documentation (less common but sometimes possible in minor claims).

5. If you already signed a full-and-final release

• Generally, a valid release is binding. In New Hampshire, releases and settlement contracts are interpreted under contract law principles. If the release is clear and voluntarily signed, courts typically enforce it.
• You may challenge a release in court only in limited situations: fraud, duress, mutual mistake, incapacity, or where the release is ambiguous about what it covers.
• If you believe the insurer misled you or concealed important facts, speak with an attorney promptly. Time limits apply to challenging agreements or filing claims.

6. Practical considerations specific to New Hampshire

• New Hampshire treats releases as enforceable contracts; careful drafting matters. Consider having an attorney review any release language before you sign.
• If you have public benefits (Medicaid) or Medicare, federal and state rules can require portions of settlements to reimburse those programs. Confirm any subrogation or repayment obligations before accepting funds.
• If you feel an insurer engaged in bad faith practices, you can contact the New Hampshire Insurance Department for guidance on claims handling and consumer protections: https://www.nh.gov/insurance/consumers/.

How a lawyer can help

An attorney can:

• Review the offer and release language.
• Estimate the reasonable value of future medical care and lost earnings.
• Negotiate structured settlements, escrow arrangements, or limited releases.
• Handle subrogation and lien negotiations with health insurers or government programs.
• Advise whether a signed release may be set aside and, if appropriate, bring a legal challenge.

For help finding a New Hampshire attorney, consult the New Hampshire Bar Association: https://www.nhbar.org/.

Helpful Hints

• Do not sign any release or accept payment before you know your expected future medical needs.
• Get a written prognosis and cost estimate from your treating physician or specialist.
• Ask the insurer to write out the offer and the exact release language and give you time to consult an attorney.
• Document all ongoing symptoms, appointments, and recommended treatments—this supports future claims if needed.
• Check whether other payers (Medicare, Medicaid, private health plans) will seek reimbursement from settlement funds.
• If you already signed and suspect misconduct, act quickly—legal challenges are time-sensitive.
• Keep all medical bills and records organized; they are essential for accurate settlement valuation.

Where to get more information

• New Hampshire Department of Insurance (consumer resources): https://www.nh.gov/insurance/consumers/
• New Hampshire Revised Statutes and general law resources: https://www.gencourt.state.nh.us/rsa/html/indexes/
• New Hampshire Bar Association (lawyer referral and public resources): https://www.nhbar.org/

Disclaimer: This article provides general information about New Hampshire law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed New Hampshire attorney.