Detailed Answer

When an insurance adjuster in Kentucky offers a “full and final” settlement while you still need medical treatment, the practical effect is usually that you give up future legal claims tied to that injury in exchange for the money the insurer pays you now. In plain terms: once you sign a broad release that settles the claim in full, you generally cannot return later for more money for future medical bills, lost wages, or pain and suffering related to the same incident.

Why this matters: many injuries get worse or reveal new problems as treatment continues. If you accept an amount today and sign a release that does not reserve future care or costs, you may be left responsible for additional treatment expenses.

Key legal concepts and how they apply in Kentucky:

• Release language controls. Settlement documents (releases) typically identify what claims are given up. A broad general release usually extinguishes possible future claims arising from the same accident. Always read the release carefully before signing.
• Negotiating for future medicals. You can negotiate terms: ask for a reserved amount, a holdback, a structured settlement that pays for ongoing care, or a limited release that covers only past medicals and wages. Insurers sometimes agree to set aside funds for future treatment or to leave medical payments open while closing other parts of the claim.
• Open medicals / medical reservation. A common approach is to sign a release only for past bills and losses and explicitly reserve the right to seek payment for future medical treatment related to the injury. This keeps your right to later claim reasonable, related future medical costs.
• Workers’ compensation and other special systems differ. Workers’ compensation settlements, social security, or no-fault/UM (uninsured/underinsured motorist) settlements have different rules. For example, workers’ comp settlements may require agency approval. Make sure you identify the correct legal track for your case.
• Health insurers and liens / subrogation. If a health insurer, Medicare, or Medicaid paid bills, they may have rights to be repaid from your settlement (subrogation or lien). These obligations should be identified and resolved before finalizing a settlement.

Practical steps to take before you accept any full-and-final offer:

1. Get a complete medical assessment, including a prognosis about likely future treatment and costs. Ask your treating provider for an estimate or life-care plan if future care is likely.
2. Request that the insurer explain exactly what the release covers in writing. If the release is vague, do not sign it.
3. Consider asking for a holdback (money held by the insurer to cover future medicals) or a structured settlement that provides long-term payments.
4. Check for liens or subrogation claims from health insurers, Medicare, or Medicaid and clarify who will pay them.
5. Don’t accept a “quick” payment without confirming that it fairly covers expected future care and bills.
6. Consult a licensed Kentucky attorney before signing if you have any doubt. An attorney can draft or negotiate release language that protects your future rights.

Authority and resources: statutes and rules that govern insurance and settlements in Kentucky can be found in the Kentucky Revised Statutes and related regulations. For the official text of Kentucky statutes, see the Kentucky Legislature’s statutes portal: https://apps.legislature.ky.gov/statutes/. For help finding a Kentucky attorney, see the Kentucky Bar Association: https://www.kybar.org. If Medicare or Medicaid might have paid medical bills, check federal guidance about conditional payments and repayment responsibilities at the Centers for Medicare & Medicaid Services: https://www.cms.gov.

Bottom line: do not sign a full-and-final release if you still need treatment unless the release expressly protects future care (for example by reserving rights or setting aside funds). If you already signed a broad release and later need more care, your legal options will be limited and fact-specific. Speak with a Kentucky-licensed attorney promptly to review the release and any narrow exceptions that might apply.

Disclaimer: This article is for general informational purposes and is not legal advice. It does not create an attorney-client relationship. Laws change and every case differs. Consult a licensed Kentucky attorney to get advice tailored to your situation.

Helpful Hints

• Never sign a release immediately after an accident without a clear written explanation of what it covers.
• Ask your treating doctor for a prognosis and estimated future medical costs in writing.
• Ask the insurer for a written offer and a copy of the proposed release before accepting anything.
• Consider a limited release that covers only past bills and losses; leave future medicals open.
• Ask for a holdback or structured settlement to cover long-term treatment if the insurer resists leaving the claim open.
• Confirm whether Medicare, Medicaid, or private insurers may assert liens; resolve these before you sign.
• If you are unsure, contact the Kentucky Bar Association’s lawyer referral service to find a Kentucky attorney for a consultation: https://www.kybar.org