Georgia: When an Adjuster Offers a Full-and-Final Settlement but You May Need More Treatment

Detailed Answer — How full-and-final settlements work under Georgia law

Insurance adjusters commonly present a “full and final” settlement accompanied by a release or compromise agreement. In Georgia, a properly drafted release generally extinguishes the claimant’s right to pursue further claims that arise from the same occurrence. In plain terms, once you sign a broad release and receive the settlement money, you usually give up the right to have the insurer or the at-fault party pay for additional medical treatment, future pain and suffering, or other damages arising from that incident.

Key legal concepts to understand:

• Release language matters. A release that specifically says it is “full and final” and covers “all claims, known and unknown, arising out of the incident” will be interpreted broadly by courts. Narrow or limited releases (for example, limited to “claims known at the time of settlement” or to specific items like “past medical expenses and lost wages”) may preserve the ability to seek later damages for newly discovered or worsening injuries.
• Timing and the statute of limitations. Georgia has time limits for bringing personal-injury lawsuits. If you sign a release and then later learn you need additional treatment, you must still consider Georgia’s statutory deadlines for suing if you intend to challenge the release or file a separate claim. For information about Georgia statutes, see the Georgia Code online: https://www.legis.ga.gov/statutes/ (consult Title 9, Chapter 3 for time limits and related provisions).
• If you haven’t signed yet — pause and document. Do not sign a full-and-final release until you reach maximum medical improvement (MMI) or until a medical provider indicates your treatment needs are stable. Ask the adjuster to confirm in writing whether the offer is conditioned on signing a release and request the exact release language to review. You may be able to negotiate a limited release, a structured settlement, or an agreement that reserves the right to reopen the claim for further medical bills.
• If you signed already — potential paths to consider.
  • Negotiate with the insurer: In some cases insurers will reopen or negotiate if new, objectively documented injuries emerge; success depends on the release language and the insurer’s willingness.
  • Rescission, reformation, or fraud claims: If the release was obtained by fraud, misrepresentation, or mutual mistake, a court may set it aside or reform it — but these are fact-specific claims and often hard to win. Georgia courts look at the parties’ intent and the surrounding facts.
  • Medical lien or other coverage: Check whether other sources (health insurance, MedPay, PIP where applicable, workers’ comp) can cover further treatment.
  • Timely litigation: If you can show a legal basis to avoid the release, you must act promptly to preserve rights and file any suit within Georgia’s statutes of limitation (see Georgia Code: https://www.legis.ga.gov/statutes/).

Because the enforceability of a release turns on its exact language and the specific facts (what you knew, what the insurer knew, what representations were made), even small differences can change the outcome. Courts in Georgia analyze releases and post-settlement disputes case-by-case.

Practical steps to protect yourself before you sign

1. Ask for the settlement terms and the release in writing and take time to review them.
2. Talk to the treating doctor about whether you have reached MMI and whether future treatment or diagnostic testing is likely.
3. Consider requesting a limited release that covers only past medical bills, past lost income, and known injuries, or ask for a reservation-of-rights regarding future medical expenses.
4. If the insurer insists on a full release, consider seeking an attorney’s advice before signing. An attorney can explain whether the offer is reasonable and may negotiate better language.
5. Document all current symptoms, future treatment recommendations, and communications with the insurer and adjuster.

What to do if you already signed a full and final release

• Immediately assemble documentation: the executed release, settlement check, medical records (before and after the settlement), and any communications from the insurer or adjuster.
• Contact an attorney as soon as possible. They can evaluate whether there are grounds to rescind or reform the release (for example, fraud, mutual mistake, or that the release did not cover the particular injury).
• Explore other payment sources: your health insurer, Medicaid/Medicare (if eligible), personal health coverage, medical payment (“MedPay”) on your auto policy, or workers’ compensation if applicable.
• Act within Georgia’s time limits for litigation if you intend to challenge the release or bring a related suit. For information on Georgia Code provisions, see: https://www.legis.ga.gov/statutes/.

Because outcomes depend heavily on the release text and the facts, early consultation with an attorney who handles personal injury and insurance claims can materially affect results.

Useful official resources:

• Georgia General Assembly — Georgia Code and statutes: https://www.legis.ga.gov/statutes/
• Georgia Office of Insurance and Safety Fire Commissioner (consumer insurance information): https://oci.ga.gov/

Helpful Hints

• Do not sign any release on the spot. Ask for the paperwork and take it home to review.
• Ask your treating physician whether you have reached maximum medical improvement (MMI) or if future treatment or testing is likely.
• Request a limited release or a written reservation permitting future medical claims, if appropriate.
• Keep copies of all medical records and bills, including any treatment received after the settlement offer.
• Get any settlement offer in writing, including whether the offer expires and whether signing the release is a condition of payment.
• If you signed a release and later need care, contact an attorney immediately — time is often critical to preserve or challenge rights.
• Explore other benefits that may cover treatment: health insurance, MedPay, PIP (if applicable), or workers’ compensation.