Detailed Answer

A “full and final” settlement or release is a legal document that typically resolves all claims arising from an accident or injury. In Ohio, signing a general release usually means you give up the right to demand additional money later for the same injury — including additional medical treatment you discover you need after the settlement.

How these settlements usually work

• The insurer or defendant offers a lump-sum payment in exchange for a release of all present and future claims related to the incident.
• When you sign a broad release, you are generally barred from reopening the claim or filing a later lawsuit for new or worsened medical problems from that event.

What happens if you sign and then need more treatment?

If you sign a true full-and-final release, you usually cannot recover additional compensation from the party who paid the settlement. The release functions like a contract: courts enforce its terms except in limited circumstances (for example, if the release was procured by fraud, mistake, duress, or the release is ambiguous). Reopening a valid, unambiguous release is often difficult and uncertain.

Important time limit to know

If you are considering waiting to sign while you gather more medical information, keep in mind Ohio’s statute of limitations for personal injury claims. Most negligence-based bodily injury claims must be filed within two years. See Ohio Revised Code section 2305.10 for details: R.C. § 2305.10. Missing the statutory deadline can bar you from suing later even if you do not sign a release.

Are there common exceptions or protections?

• Limited release language: You can negotiate a release that covers only past medical bills and lost wages while expressly reserving rights for future medical treatment. Insurers may resist, but limited releases are possible.
• Structured settlements or escrow/holdbacks: Parties sometimes agree to hold back a portion of the settlement or place funds in escrow to pay future treatment if needed.
• Releases with medical set-asides: You can ask that a portion of the settlement be allocated specifically for future medical care; this should be clearly written into the agreement.
• Fraud, mistake, or lack of capacity: Courts may set aside a release in narrow circumstances (fraud, misrepresentation, or if the signer lacked capacity). These avenues are fact-specific and uncertain.

Practical consequences and risks

Signing a broad release without reserving future medical needs can leave you responsible for all subsequent medical costs related to the injury. If you sign and later need expensive treatment, you could face substantial out-of-pocket bills and limited legal options to recover more money from the party who caused the injury.

What to do before signing

1. Do not sign immediately. Ask for the full proposed release and time to review it.
2. Get a current medical evaluation and a prognosis from your treating doctor about likely future treatment and costs.
3. Ask the insurer to reserve rights for future medical care or to create a limited release covering only past losses. If they refuse, consider negotiating holdbacks or escrows for future treatment.
4. Ask whether any liens or subrogation claims (for example, Medicare, Medicaid, or health insurers) will be paid from the settlement. These can reduce your net recovery.
5. Consult an attorney before signing. An attorney can explain whether the release language is broad, advise on negotiation strategies (e.g., future medical set-asides or limited releases), and explain statute-of-limitations timing for filing a lawsuit if negotiations break down.

When an adjuster says “take it or leave it”

Insurance adjusters sometimes pressure people to sign quickly. You have no legal obligation to accept an offer on the spot. If the offer is inadequate given your current prognosis or the possibility of future treatment, you may decline and either negotiate or preserve your right to sue (keeping the statute of limitations in mind).

Helpful Hints

• Never sign a full release before getting a clear written medical prognosis about likely future care and costs.
• Ask for a limited release or a written reservation of rights for future medical treatment if you have any doubt you are fully healed.
• Consider negotiating an escrow or holdback to cover unknown future medical expenses rather than accepting a full release for a single lump sum.
• Confirm how liens (Medicare/Medicaid/private health insurers) will be handled; unresolved liens can reduce or eliminate your net recovery.
• Keep the statute of limitations in mind: in Ohio, many personal injury claims must be filed within two years. See R.C. § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10.
• Get any agreement and release reviewed by an attorney before signing. A brief legal review can prevent costly mistakes.