If you accept a full-and-final settlement offer from an insurer — what it means under Virginia law
This article explains, in plain language, the consequences and options when an insurance company asks you to sign a full-and-final release for a bodily-injury claim but you may need more medical treatment later. This is educational information only and not legal advice.
Short answer
Signing a full-and-final release normally ends your right to recover any more money from that insurer for the injury and related medical treatment. If you sign and later need more care, you typically cannot reopen the same claim unless you can later prove the release was obtained through fraud, misrepresentation, duress, or mutual mistake — or states of fact that allow rescission. To protect yourself, do not sign a release until you understand what it covers and until you have enough information about your likely future medical needs.
Detailed answer — how this works in Virginia
What a “full-and-final” release does: In Virginia, a full-and-final release (sometimes called a general release) is a contract in which you accept a specified payment in exchange for giving up all current and future claims arising from the incident described in the release. Once you sign it, the insurer can rely on the release as a defense if you later try to recover additional medical expenses or other damages related to that occurrence.
Why timing matters: If you have unresolved symptoms or expect more treatment, signing too early can leave you personally responsible for future bills. Before signing, get medical input on prognosis and plausible future care costs.
Possible malpractice by the insurer or adjuster: If the insurer or adjuster knowingly misleads you about the amount of injury, conceals material facts, or pressures you into signing through fraud or duress, Virginia contract and fraud principles may allow you to seek to rescind the release or to sue. Those remedies are fact-intensive and are not automatic.
Statute of limitations you should watch: An injured person has a limited time to file a personal-injury claim in Virginia. For most personal-injury actions the time limit is two years from the date of injury. See Va. Code § 8.01-243 for the statute of limitations on actions for personal injury: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-243/ . Even after a settlement attempt, you should be aware of timing rules that may affect your options.
Common exceptions and remedies (fact-specific):
- Rescission for fraud or material misrepresentation — if the insurer deliberately hid or misrepresented facts that induced you to sign, you may have grounds to set aside the release.
- Mutual mistake — if both parties shared a fundamental mistake about a fact central to the agreement, a court may rescind.
- Limited or partial releases — instead of a blanket release, you can negotiate a release that settles certain items (e.g., lost wages, a fixed medical bill) while preserving the right to future medical claims.
- Structured settlements or reserved medicals — the insurer can agree to hold money for future medical care or pay medical bills as they arise; get those promises in writing and specify how funds will be used.
Practical considerations when you receive a full-and-final offer:
- Do not sign any release until you have a clear written description of what the release covers (dates, incidents, claims released).
- Ask the treating physician for a written prognosis and a reasonable estimate of future medical needs and costs before accepting any offer.
- Consider asking for a structured settlement, a medical expense escrow, or a release that expressly reserves rights for future medical bills related to the injury.
- If you feel pressured or the release language is broad or unclear, consult a lawyer before signing.
- Keep detailed medical records and receipts. Those records matter if you later dispute coverage or pursue a claim for additional care.
When negotiation alternatives help: You can often negotiate alternatives to a blanket release. Examples include:
- Signing a release only for past medical bills and wage loss, while preserving future medical claims;
- Getting the insurer to agree to pay future medical bills for an explicit period or up to a defined dollar cap;
- Requesting that future medical payments be paid directly to providers rather than to you, or placed in escrow for future bills.
When to consider legal help: If the settlement amount is significant relative to your injury, if future medical needs are uncertain, or if the insurer’s conduct seems unfair, talk with an attorney experienced in Virginia personal-injury or insurance-claim matters. An attorney can review the release language, explain Virginia law and deadlines, and propose safer settlement terms.
Information and consumer help from Virginia regulators: For general insurance consumer information or to file a complaint against an insurer, the Virginia State Corporation Commission’s Bureau of Insurance provides resources: https://scc.virginia.gov/pages/Bureau-of-Insurance
Helpful hints — quick checklist before you accept any “full-and-final” payment
- Get a written medical prognosis detailing expected future treatment and estimated costs.
- Read the release slowly; watch for broad language that releases claims for all “past, present, and future” injuries.
- Ask for wording that limits the release to specific bills, dates, and types of damages if you prefer to reserve future medical claims.
- Consider insisting on a medical bank/escrow or structured settlement for future care rather than a lump sum you control.
- Do not sign under pressure. Request time to consult a lawyer or your treating provider.
- Keep copies of all medical records, bills, and correspondence with the insurer and adjuster.
- If you suspect fraud, misrepresentation, or undue pressure, contact an attorney promptly — remedies may be time-sensitive.
- Be mindful of Virginia’s statute of limitations for personal injury claims: see Va. Code § 8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-243/