Detailed Answer
If an insurance adjuster presents a “full and final” settlement while you still need more medical care, the settlement paperwork you sign usually ends your legal right to seek additional money from that insurer or the responsible party. In South Carolina, a signed release or covenant not to sue that is clear and unambiguous typically resolves all claims identified in the document. That means future medical bills, future pain and suffering, and other losses connected to the incident can be barred by the release.
How this plays out in practice depends on timing, language, and facts:
- Scope of the release: A release that expressly discharges “all claims, known and unknown, arising out of” the accident will generally cover future treatment related to that accident. If the release is limited to specific bills or to past medical expenses, it may not block later claims for additional care.
- When you sign matters: If you sign before you have reached maximum medical improvement (MMI) or before your doctor can reasonably say how much future care you will need, you risk giving up compensation for future treatment. Do not sign a release until you understand your medical prognosis.
- Negotiated holdbacks or structured settlements: You can often negotiate a portion of the settlement to be held back for future medical care or set up a structured settlement that pays future medical expenses. You can also ask to reserve the right to make a future claim for medical expenses that become necessary later.
- Signed already? Limited remedies: If you already signed a broad “full and final” release, reopening the claim is difficult. You may have limited options if the insurer or the defendant committed fraud, misrepresentation, or if there was mutual mistake about a material fact. Those are fact-specific and often require court action. South Carolina courts will examine the release language and the surrounding facts when deciding whether a release can be set aside.
- Statutes of limitation: Even if you decline a settlement and later pursue a lawsuit, you must file within South Carolina’s time limits. For most personal injury claims, the statute of limitations is three years from the date of injury (S.C. Code Ann. § 15-3-530). See the statute here: S.C. Code Ann. § 15-3-530. Missing the deadline can permanently bar your claim.
Common practical steps to protect yourself:
- Do not sign any “full and final” release until your treating physician has evaluated your projected future care and you understand the long-term prognosis.
- Ask the adjuster for a written offer, including precisely what the release covers. If the offer is immediate money in exchange for a full release, consider negotiating a holdback specifically designated for future medical care or a reservation of rights for future medical expenses.
- Request time to obtain an independent medical evaluation (IME) if your injury and future needs remain uncertain.
- If Medicare or other health insurers might pay for future care, ask about coordinating liens and Medicare Secondary Payer issues; federal rules (not state law) can affect settlement handling.
If the insurer uses unfair tactics or refuses to negotiate in good faith, you can raise concerns with the South Carolina Department of Insurance. They provide consumer guidance and may investigate insurer practices: South Carolina Department of Insurance. You may also have remedies under state unfair practices laws in some situations (see the South Carolina Unfair Trade Practices Act at S.C. Code Ann. § 39-5-10 et seq.).
In short: a truly “full and final” settlement usually prevents you from getting more money later for the same injury. You should not sign such a release until you (1) understand your medical needs, (2) have explored options for reserving funds for future care, and (3) consider consulting an attorney who handles personal injury or insurance claims.
Helpful Hints
- Do not sign anything the adjuster labels as “full and final” on the spot—get medical input first.
- Ask for written details of the settlement and the release language before agreeing.
- Negotiate a specific holdback for future medical expenses or a structured settlement if future care is likely.
- Get a written statement from your treating doctor about anticipated future treatment and costs.
- Keep careful records: medical reports, bills, communications with the insurer, and settlement documents.
- If you already signed and later learn you need more treatment, contact an attorney promptly to explore whether rescission, claims for fraud, or other narrow remedies may apply.
- Remember the statute of limitations for most personal injury claims is three years in South Carolina; act promptly: S.C. Code Ann. § 15-3-530.
- If federal benefits like Medicare could be affected, ask about a Medicare Set-Aside or speak with counsel experienced in coordinating settlements with federal health benefits.
Next practical step: If you are unsure whether to accept an offer or how to word a release to protect future medical needs, consult an attorney experienced in South Carolina personal injury and insurance settlements before signing anything.
Disclaimer: This article explains general principles of South Carolina law and common practices. It is for informational purposes only and is not legal advice. Consult a licensed attorney about your specific situation.