Short answer
An insurer’s offer described as a “full and final” settlement generally asks you to sign a release that gives up future claims related to the incident. If you still need treatment or you expect future medical costs, signing that release can prevent you from recovering additional compensation later. Before accepting any such offer, document your condition, get medical opinions about future care, and speak with a lawyer about alternatives that preserve your rights.
Detailed answer — what this means and why it matters
What a full-and-final settlement and release usually does
When an insurance adjuster calls an offer “full and final,” they typically mean the insurer will pay a single lump sum now in exchange for your signing a written release. A release usually says you will not bring any more claims, suits, or demands for the same incident in the future. That release commonly covers past and future medical expenses, lost wages, pain and suffering, and other damages tied to the same accident or claim.
Why signing too early can be risky
- If treatment is ongoing, symptoms can change. You may need more therapy, surgery, or other care that the settlement won’t cover.
- Some injuries have delayed effects. A release given today can block compensation for problems that appear months later.
- Medical bills and disability can exceed your expectations. Accepting full payment now fixes your recovery amount, even if expenses grow.
- A broad release can also resolve claims you did not intend to resolve (for example, claims against other potentially responsible parties).
Practical steps to protect yourself in North Dakota
- Do not sign any release right away. Ask the adjuster for the written offer by email and take time to review it.
- Get current medical documentation. Ask your treating providers for a written status report and any estimates for future care or long‑term needs.
- Ask for an itemized offer. Request the insurer show how they calculated money for medical bills, lost wages, and pain and suffering.
- Consider a limited or partial release. You can negotiate narrower language that releases only past medical bills or only a specific insurer, or that preserves future medical claims. Insurers don’t always accept this, but you can ask.
- Request a settlement that reserves future medical expenses. Some settlements allocate money for known past bills and leave future medical claims open (often called an “open medical” settlement or reservation of rights).
- Get a medical prognosis in writing. A physician’s statement that future treatment is likely strengthens your case in negotiations.
- Talk with a personal injury attorney before signing. An attorney can evaluate the offer, suggest release language that protects you, estimate future damages, and explain fee arrangements if you proceed on contingency.
If the insurer won’t negotiate
If the insurer insists on a full-and-final release and you need more treatment, common responses include:
- Refusing the offer and continuing treatment while you preserve your claim.
- Making a counter‑offer that includes money for estimated future medical costs or that limits the release.
- Filing a lawsuit (within North Dakota time limits) if you and a lawyer conclude the insurer’s position is unfair and you can prove more damages.
Consumer protections and where to get help in North Dakota
You may file a complaint or seek guidance from the North Dakota Insurance Department if you think an insurer acted improperly or used unfair claim practices. Visit the department’s consumer page for information on filing complaints and handling disputes: https://www.nd.gov/ndins.
For information about North Dakota laws and court procedures, the state legislature and courts provide resources at https://www.legis.nd.gov/cencode and https://www.ndcourts.gov/.
How an attorney can help
- Evaluate whether the insurer’s offer fairly compensates you for past and potential future damages.
- Negotiate release language that limits surrender of future claims or establishes set-asides for future medical care.
- Obtain medical and economic experts to estimate future treatment needs and costs.
- Provide a clear view of litigation risk and likely outcomes so you can decide whether to accept an offer.
Timing and statute of limitations
Every claim in North Dakota has time limits for filing a lawsuit. If you decline an offer and later plan to sue, make sure you understand and preserve the applicable deadline in state law. For information about the North Dakota Century Code and relevant procedural rules, search the state code: https://www.legis.nd.gov/cencode. If you aren’t sure about deadlines, consult an attorney promptly so you do not lose legal rights.
Bottom line: A “full and final” offer trades a payment now for a release of future claims. If you need more treatment, do not sign immediately. Document your condition, get written medical opinions, consider a limited release or set‑aside, and talk to a lawyer who knows North Dakota practice before you finalize anything.
Disclaimer: This article explains general information about North Dakota claims processes and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in North Dakota.
Helpful Hints
- Keep a clear medical timeline: dates of treatment, diagnoses, providers, and bills.
- Save all written offers, emails, and texts from the insurer. They matter in negotiations and disputes.
- Request an insurer’s file via written demand if you suspect missing facts or undervaluing of your claim.
- Don’t rely on a verbal promise from an adjuster; get all promises in writing.
- If you accept a lump sum, get the full terms of the release reviewed before signing.
- If you have Medicaid, Medicare, or a lienholder, those parties may have rights to be paid from any settlement—ask about liens early.
- If you feel pressured by quick deadlines from the insurer, call the North Dakota Insurance Department or a local attorney for immediate guidance.