Detailed Answer
Short answer: A “full and final” settlement (plus a signed release) typically closes the claim and prevents you from getting additional money later for treatment related to that injury. If you still need medical care, do not sign a release or accept payment until you understand what you are giving up and have reliable estimates for future care. In Arizona, accepting a release is a contractual waiver of future claims, and your ability to reopen or sue later is very limited except in narrow circumstances (fraud, mistake, duress, or specific statutory reopenings).
How full-and-final settlements work
An insurer’s offer labeled “full and final” usually comes with a release form. By signing that release you generally agree that the insurer has satisfied all obligations for current and future medical treatment and other losses arising from the incident. That means:
- You will get a lump-sum payment (or structured payment) now.
- In exchange you surrender the right to recover later for additional medical care, rehabilitation, pain and suffering, lost wages, and related damages arising from the same incident.
The release is a contract. Arizona courts will enforce clear releases, so the practical effect is that you cannot later reopen the claim for more treatment unless an exception applies.
Before you accept: steps to protect yourself
Follow these steps if you need more treatment or are unsure about your future medical needs:
- Delay signing a release. If you still need treatment or don’t know your medical prognosis, tell the adjuster you will not sign a full-and-final release until you reach medical stability (often called “maximum medical improvement” or MMI).
- Get a treating provider’s prognosis and cost estimate. Ask your doctor for a written statement about expected future treatment, likely costs, and whether you have reached MMI.
- Ask for a settlement that reserves future medicals. Instead of a full release, negotiate a partial settlement for specific items (lost wages, current bills) and reserve the right to future care; or negotiate that the insurer continue medical payments for a set period.
- Consider structured or escrowed funds for known future care. If future treatment cost is quantifiable, ask for money placed in trust or escrow earmarked for medical care rather than signing a general release.
- Don’t sign a blank or overly broad release. Read the release carefully. Make sure it only references the incident at issue and does not unintentionally waive unrelated claims.
- Consult an attorney before signing. A personal-injury lawyer or an attorney experienced in the relevant area (auto, premises, or workers’ compensation) can evaluate future damages and help negotiate language that protects your right to continued care.
If you already signed a full-and-final release
If you already accepted the settlement and executed a release, your remedies are limited. Potential paths (each fact-specific and rarely successful) include:
- Prove fraud, misrepresentation, or duress. If the insurer or other party knowingly concealed critical information (for example, the true extent of injuries) or pressured you unfairly when you signed, a court may set aside the release.
- Show mutual mistake. If both parties were mistaken about a material fact (for example, both believed no additional treatment would be necessary), rescission might be possible in limited circumstances.
- Workers’ compensation exceptions. Workers’ comp settlements can include specific statutory procedures for lump-sum settlements or approvals. Depending on the settlement form and statute, limited reopening rules may exist. (If your claim involves workers’ compensation, review the applicable statutes and consider counsel immediately.)
These challenges are difficult: courts normally enforce clear settlement agreements. That is why getting medical projections and legal advice before signing matters.
Timing and statutes to be aware of in Arizona
Two timing-related points often matter:
- Statute of limitations: If you turn down a settlement and later sue, you must file within Arizona’s statute of limitations for personal-injury actions. Arizona law generally limits personal-injury lawsuits to two years from the date of the injury. See Arizona Revised Statutes § 12-542 for the governing limitations period: https://www.azleg.gov/ars/12/00542.htm. (Statutes have exceptions; confirm which deadlines apply to your claim.)
- Workers’ compensation procedures: If your claim is a workers’ compensation matter, settlements and releases are governed by the workers’ compensation statutes and administrative rules. There are specific forms and approval processes that affect whether a case can be reopened. For workers’ compensation questions, consult the Industrial Commission of Arizona or an attorney familiar with Arizona workers’ compensation law: https://www.azica.gov.
Practical examples
Example A — Auto crash, still treating: An adjuster offers $10,000 as a full-and-final settlement while you are scheduled for surgery next month. If you accept and sign a release, you waive the right to claim money for that surgery later. Better approach: delay signing, ask for a medical-cost estimate and negotiate a reserve or higher settlement that contemplates the surgery.
Example B — Workers’ compensation: An employer’s insurer offers a lump-sum compromise without the Industrial Commission’s approval. Some workers’ comp settlements require agency approval or specific forms to be valid and to limit the chance to reopen; missing those steps can change legal effects. Consult counsel who handles Arizona workers’ comp to review forms before signing.
How an attorney can help
An attorney can:
- Estimate future medical costs and disability.
- Negotiate reservation language or a better sum for future treatment.
- Review release language to narrow the waiver.
- Advise about whether a structured settlement, escrow, or continuing medical payments are better than a lump sum.
- Evaluate whether any signed release might be undone for legal reasons (fraud, mistake, duress).
If you want a recommendation for a lawyer who handles Arizona personal-injury or workers’ compensation settlements, look for a licensed Arizona attorney with experience negotiating releases and handling future-medical issues.
Helpful Hints
- Never sign a full-and-final release if you are still getting treatment or don’t have a written medical prognosis.
- Ask the treating provider for a written estimate of future treatment and costs.
- Negotiating a settlement that specifically reserves future medicals or pays medical providers directly protects your access to care.
- Read release language carefully — look for broad phrases like “any and all claims” and ask to narrow them to the specific incident only.
- If you must settle quickly for urgent bills, try to get money placed in escrow or use a limited release covering only certain claims.
- Keep all medical records and bills; they are essential if you later dispute the adequacy of the settlement.
- Consult an attorney before signing any full-and-final release. Many lawyers offer a short consultation to review releases for free or low cost.
- If you already signed, act quickly — statutory and equitable remedies are time-sensitive.
Disclaimer: This article explains general Arizona law and common practical steps. It does not provide legal advice, create an attorney-client relationship, or replace consultation with a licensed Arizona attorney. For advice about your specific situation, consult a lawyer in Arizona.