Short answer
If you accept and sign a full and final settlement and release under Florida law, you usually give up the right to recover any additional medical treatment, future medical costs, or other damages related to that accident unless the release specifically preserves those rights. Before signing, you can and should negotiate carve-outs, structured payments, or holdbacks for future treatment. If you already signed, your options are limited but may include rescission or limited challenges in narrow circumstances (fraud, mistake, lack of capacity, or ambiguous release language).
Why a signed “full and final” release matters
A full and final settlement is typically accompanied by a release form. Signing that release usually extinguishes all present and future claims tied to the accident or incident described in the release. Courts in Florida generally enforce clear release language, so an unambiguous release will block later claims for additional treatment or damages.
Options before you sign
- Do not sign right away. Ask for time to get medical advice and to speak with an attorney.
- Demand full medical records and billing estimates for any ongoing or likely future care. Document your current treatment plan and physician projections.
- Negotiate for a release that preserves future medicals. Common approaches include:
- Carve-outs: language that excludes future medical treatment from the release.
- Medical set-aside or holdback: a portion of settlement dollars reserved expressly for future care.
- Structured settlement: periodic payments to cover long-term treatment needs.
- Ask the adjuster to confirm whether the settlement includes payment of outstanding medical liens (hospitals, clinics, Medicare/Medicaid liens) and how subrogation will be handled.
- Consider retaining a lawyer who can negotiate release language and protect your future medical rights.
If you sign and later need more treatment
Once you sign a clear full-and-final release, recovering additional money for later treatment is difficult. Possible limited avenues include:
- Rescission or challenge of the release: You may be able to rescind the release if you can prove things like fraud, misrepresentation, duress, undue influence, or mutual mistake. These are fact‑specific and often hard to prove.
- Ambiguous release language: Florida courts construe ambiguity against the drafting party (usually the insurer). If your signed release is vague about future medicals, a court might allow some recovery, but this is uncertain and requires litigation.
- Separate claims not covered by the release: If a later injury or condition is clearly unrelated to the accident described in the release, it may not be covered by the release.
- Coverage under other policies or benefits: You might have other insurance (health insurance, disability, workers’ comp) that can pay for treatment even after you settle a liability claim.
Because these remedies are limited and fact-specific, consult an attorney promptly if you signed a release and now face new or continuing medical needs.
Timing and deadlines to keep in mind (Florida statutes)
Statutes of limitation and other time limits can affect your ability to sue if a release is voided or challenged. For example, Florida’s general statute of limitations for negligence and many personal injury claims is set out in Florida Statutes section 95.11. You should review time limits immediately with legal counsel to avoid losing rights. See: Fla. Stat. § 95.11 (limitations). For how insurance contracts and settlements are treated generally, consult Florida’s insurance statutes in Chapter 627: Fla. Stat. Ch. 627.
Practical steps to protect yourself now
- Do not sign any release until you fully understand the language and the likely course of your medical treatment.
- Ask for a written settlement offer showing how much covers past medicals, future medicals (if any), pain and suffering, lost wages, attorneys’ fees, and any holdbacks for liens or future care.
- Request that the release explicitly preserve compensation for any reasonably anticipated future care, or negotiate a specific holdback set aside for future treatment.
- If you already signed and you believe you were misled, gather all documents, communications, and medical evidence and consult an attorney immediately.
- Keep detailed medical records, provider statements, and a written treatment plan that shows the need for additional care.
Helpful hints
- Be skeptical of “sign today” pressure. Ask for time to review.
- Get a written description of what the settlement pays and what the release covers.
- Consider asking the adjuster for a partial release that resolves certain claims but leaves medicals open until you reach maximum medical improvement (MMI) or a set period.
- Confirm whether the insurer will pay outstanding medical provider liens and how subrogation claims (including Medicare/Medicaid) will be handled.
- Talk to a personal injury attorney before signing. A lawyer can often negotiate better release terms or a fair holdback for future care.