Detailed Answer

When an insurance adjuster offers a “full and final” settlement, the insurer typically wants you to sign a release that closes the claim and gives up any right to seek more money later for the same incident. If you still need medical treatment, signing a broad release can prevent you from recovering additional medical costs, future care, lost wages, or pain and suffering that arise after you sign.

How a full-and-final release usually works

A full-and-final release is a contract. If it is clear, unambiguous, and freely signed, Utah courts generally enforce it like any other contract. That means, if the release covers “past and future” claims arising from the accident, you will likely lose the ability to ask the insurer for more compensation for new or ongoing treatment after you sign.

Relevant Utah law

Insurance companies in Utah must follow state laws and regulations on claim handling. Utah law identifies unfair claims settlement practices by insurers; see Utah Code §31A-26-303 for prohibited practices and examples: https://le.utah.gov/xcode/Title31A/Chapter26/31A-26-S303.html. If you later need to sue, you must act within Utah’s statutory time limits—see Utah Code §78B-2-305 for the statute governing actions for personal injury or wrongful death: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html.

Hypothetical example

Suppose you are in a car crash and the insurer offers $10,000 as a full-and-final settlement. Your visible injuries improved, but your treating doctor documents that you need additional physical therapy and possibly surgery. If you sign a general release that covers future claims, you likely give up the right to pursue the insurer for those future medical bills. If you refuse to sign, you can seek a larger settlement or alternative language that preserves future medical claims.

Options if you still need treatment

• Do not sign a general release right away. Give yourself time to learn how much more treatment you need.
• Get medical documentation. Ask your treating physician for a written prognosis and an estimate of reasonable future medical costs.
• Ask for a carve-out or holdback. Negotiate release language that excludes future medical care for a defined period or that sets aside a portion of the settlement to cover future treatment.
• Negotiate a structured settlement or periodic payments. This can fund future care over time instead of a single lump-sum release.
• Consider a limited release. Limit the release to specified expenses, dates, or injuries rather than releasing “all claims” across the board.
• Protect government benefits. If you’re a Medicare or Medicaid beneficiary, make sure the settlement protects those interests (Medicare has federal rules about protecting its payment interests).

What to do before you sign

• Talk to your treating doctor and get a written prognosis and bill estimates for future care.
• Ask the adjuster for time to review the release. Don’t accept pressure to sign immediately.
• Request precise release language in writing. If the release is too broad, propose specific carve-outs for future medical care.
• Find out whether medical providers or lienholders (hospitals, health insurers, or Medicare) have liens that must be resolved before settlement.
• Consider a free consultation with a personal injury attorney to review the release language and advise on future claims and liens.

If you already signed a full-and-final release

Once you sign a broad release, reversing it is difficult but possible in limited situations. Potential bases to challenge a signed release include fraud, misrepresentation, duress, mistake, lack of capacity, or that the release did not cover what the parties reasonably intended. These are fact-specific arguments and often require proof. If your medical condition later worsens in a way that was not known or reasonably discoverable at signing, you may try to reopen the matter, but success is not guaranteed.

Practical next steps

1. Stop and collect medical evidence. Get a written treatment plan and future-cost estimate from your medical provider.
2. Tell the adjuster you will not sign a full-and-final release until you know the scope of future care.
3. Negotiate: ask for carve-outs, a holdback, or structured payments to cover future treatment.
4. If the insurer refuses, consult a Utah personal injury attorney to evaluate your position and negotiate or litigate on your behalf.
5. If you suspect the insurer acted in bad faith, you may contact the Utah Insurance Department for consumer help: https://insurance.utah.gov.

Helpful Hints

• Never sign a general release the day you get an offer without medical documentation.
• Get an itemized estimate of future medical care from your provider before negotiating.
• Ask the insurer to put any agreement in writing and add precise language carving out future medical claims if you expect ongoing care.
• Watch for deadlines. If you want to file suit instead of settling, check Utah’s filing deadlines—see Utah Code §78B-2-305: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html.
• If you are unsure what the release means, have an attorney review it — an early consult can prevent losing the right to future recovery.
• If you believe the insurer pressured you or misrepresented facts to get you to sign, gather any communications (emails, texts, voice recordings) and speak with counsel or the Utah Insurance Department: https://insurance.utah.gov/consumer/complaint.

Resources

• Utah Code — Actions for injury to person or wrongful death: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html
• Utah Code — Unfair claims settlement practices: https://le.utah.gov/xcode/Title31A/Chapter26/31A-26-S303.html
• Utah Insurance Department (consumer help and complaints): https://insurance.utah.gov
• Utah Courts Self-Help and resources: https://www.utcourts.gov/self-help/

Disclaimer: This article is informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation in Utah, consult a licensed attorney.