Short answer

An insurer’s offer described as a “full and final” settlement usually requires you to sign a release that gives up further claims against the insurer or the at-fault party for the injury described. If you sign before completing medical care or before your future medical needs are known, you normally lose the right to recover additional money later. In Montana, you can often protect yourself by negotiating the release, delaying signing until your medical condition stabilizes, or putting money aside for future care. Talk with a lawyer before signing a full-and-final release.

Detailed answer — what this means and how Montana law treats it

1. What a full-and-final settlement usually does

A full-and-final settlement typically involves a lump-sum payment in exchange for a signed release. The release commonly states you will not pursue any more claims related to that accident, including future medical expenses, lost wages, or pain and suffering tied to the same incident. Once you sign and accept payment, you generally can’t reopen the claim for new treatment unless the release specifically allows it or unless there is evidence of fraud, duress, or mutual mistake.

2. Why signing too soon is risky

• Medical condition may change: Some injuries evolve. New tests or specialist opinions can show additional needs.
• Unknown future medical costs: You might need surgery, physical therapy, or ongoing care that the settlement did not account for.
• Loss of legal remedies: A broad release typically bars further lawsuits and reduces options to seek additional compensation later.

3. Options to protect yourself in Montana

Consider these approaches before signing anything:

• Delay signing until your condition stabilizes: Wait until you reach maximum medical improvement (MMI) or until treating doctors can reasonably project future care needs.
• Negotiate a reserved fund for future medicals: Ask that the settlement set aside a defined amount for future treatment or that payment be allocated to future medical care in the release language.
• Request a structured settlement: Instead of one lump sum, arrange periodic payments to cover long-term medical expenses.
• Make the release narrow: Limit the release to specific categories (for example, wage loss and pain/suffering up to the date of signing) while explicitly excluding future medical care claims.
• Obtain a written medical prognosis: Get your treating physician to provide a prognosis and an estimate of future medical needs and costs; use that to justify holding out for a higher or reserved amount.
• Talk to an attorney: A lawyer can review the release language, negotiate protections for future treatment, and explain Montana-specific consequences.

4. If you already signed — any ways to get more money later?

After signing a clear, general full-and-final release and accepting payment, you will often be barred from getting more money for that accident. Limited exceptions may include:

• Fraud, duress, or mutual mistake in obtaining the release.
• A release that is narrowly worded or expressly preserves future claims for specified medical items.
• Statutory exceptions that apply in particular contexts (for example, certain workers’ compensation or limited governmental-entity release rules). Worker’s compensation and personal injury settlements follow different rules.

These exceptions are fact-specific. If you signed and later discover you need more treatment, consult a Montana attorney immediately.

5. Health insurers, Medicare, Medicaid and liens

If other insurers (health insurance, ERISA plans, Medicare/Medicaid) paid for some of your care, they may have subrogation or lien rights. You must account for those potential liens in any settlement so you do not end up responsible for repaying medical bills later. Federal Medicare rules can require repayment from settlements; check federal guidance for Medicare Secondary Payer recovery.

6. Montana practical steps and resources

• Keep detailed medical records, bills, and specialist reports.
• Ask the adjuster for written clarification of what the release covers and whether they will reserve funds for future care.
• Get a written estimate from your doctor about anticipated future treatment and costs.
• Contact the Montana Commissioner of Securities and Insurance for consumer information about insurer conduct: https://csimt.gov/.
• Review Montana Code Annotated statutes and guidance at the Montana Legislature website: https://leg.mt.gov/bills/mca/.

Helpful hints

• Never sign a release the insurer gives you the day of an offer without reading it and understanding every clause.
• Ask for the offer in writing and give yourself time to consult your doctor and an attorney.
• Don’t accept the insurer’s first offer if you still plan to treat — it is often low.
• Request that the release identify how much is allocated to medical expenses, lost wages, and pain and suffering.
• If you have Medicare or Medicaid, notify the agency because federal rules may require repayment from your settlement proceeds.
• If the insurer pressures you or provides misleading information, document communications and consider contacting the Montana insurance regulator at https://csimt.gov/.
• When in doubt, consult a Montana personal injury attorney to analyze the release language and negotiate protections for future care.