Alaska: If an Adjuster Offers a Full-and-Final Settlement But You Still Need Treatment | Alaska Estate Planning | FastCounsel
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Alaska: If an Adjuster Offers a Full-and-Final Settlement But You Still Need Treatment

Detailed answer

Short answer: A true “full and final” settlement usually requires you to sign a release that closes the claim and gives up any right to future payments related to the incident. If you sign while you still need treatment, you normally lose the ability to recover additional money later for that care. Before signing, you should document your medical needs, get cost estimates, consider alternatives (like a holdback or limited release), and talk to a lawyer or the Alaska Division of Insurance.

What a full-and-final settlement generally means

A full-and-final settlement usually includes a written release. That release says the insurer (or defendant) will pay a single sum now in exchange for your promise not to sue or demand more money later for the same accident or injury. Signing that release usually extinguishes claims for future medical treatment, lost wages, pain and suffering, and other related damages.

Why signing can be risky when treatment is ongoing

  • If treatment is not complete or your prognosis is uncertain, signing can leave you responsible for unreimbursed bills and future medical expenses.
  • Once you sign a valid release, reopening the claim is difficult unless you can show fraud, mutual mistake, duress, or that the release was voidable for some legal reason.
  • Even if new injuries surface later, a broadly written release can bar recovery for those problems if they are related to the same event.

Practical steps to take before you sign

  1. Do not sign anything immediately. Ask the adjuster for the written offer and release language and give yourself time to review it.
  2. Get medical documentation and a prognosis. Ask your treating provider whether you have reached maximum medical improvement (MMI) and for a written estimate of future treatment and costs.
  3. Request an itemized settlement offer. Ask the insurer to show how the offer was calculated (medical bills paid, future care reserves, lost wages, attorney fees withheld, etc.).
  4. Consider negotiating a holdback or limited release. Propose that the insurer reserve part of the settlement for future medical needs (a ‘‘medical holdback’’) or sign a release that covers past bills only, not future treatment.
  5. Ask for a reopener clause. Some settlements are drafted so that if objective new medical evidence emerges within a stated period, the parties can revisit payment for future care.
  6. Consult a lawyer before signing. A lawyer can review the release, explain what rights you would give up, and negotiate terms that protect you.

Negotiation options to keep future treatment covered

  • Insist the release exclude future medical treatment, or limit the release to specific categories of damages (for example, past medical bills and lost wages, but not future care).
  • Ask for structured payments or a designated fund to pay future bills rather than a one-time lump sum.
  • Request that medical providers be paid directly from settlement proceeds to avoid provider balances.
  • If the insurer refuses, consider rejecting the offer and pursuing a higher offer or litigation with an attorney.

What if you already signed?

Once you sign a valid, unambiguous release, it generally bars later claims for the same injury. Possible—but narrow—options after signing include proving the release was obtained by fraud, mistake, misrepresentation, or duress. These are fact-specific legal issues; you should contact a lawyer promptly to evaluate whether reopening is possible.

Who to contact in Alaska for help

Short hypothetical to illustrate

Imagine you injured your knee in a car crash and still need six weeks of physical therapy expected to cost $6,000. The adjuster offers $4,000 as a “full and final” payment. If you sign a broad release, you likely cannot get the remaining $2,000 later—even if your doctor confirms the therapy was necessary. Better alternatives include requesting a $6,000 holdback for therapy, negotiating a higher total, or delaying any release until treatment concludes.

Timing and statute-of-limitations considerations

Every case has time limits for filing lawsuits. If you delay negotiating or refuse an unreasonable offer, make sure you understand any filing deadlines that could affect your rights. Because statutes and deadlines vary by claim type, consult a lawyer or check Alaska statutes at the Alaska Legislature site: https://www.akleg.gov/.

Final recommendation

If an adjuster offers a full-and-final settlement while you need more treatment, do not sign until you fully understand the release language and the financial consequences. Gather medical evidence, seek a holdback or limited release if appropriate, and consult a lawyer or the Alaska Division of Insurance for guidance.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not establish an attorney-client relationship. For advice about your specific situation, contact a licensed attorney in Alaska.

Helpful Hints

  • Never sign a release under pressure—ask for time to review it.
  • Get a written medical prognosis and cost estimate before settling.
  • Ask the insurer to put its offer and the release language in writing.
  • Consider asking for a medical holdback or reopener clause if future care is likely.
  • Keep all medical bills, records, and correspondence organized and dated.
  • If the adjuster won’t negotiate reasonably, file a complaint with the Alaska Division of Insurance and consider legal representation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.