In our last post, we talked about how insurance companies flood injured victims with paperwork hoping they’ll sign a settlement release before they understand what they’re giving up. Today, we’re going to talk about what you can do about it — whether you haven’t signed yet, or whether you already have.
The good news: you have more options than the insurance company wants you to believe.
If You Haven’t Signed Yet — Stop Right There
The single most powerful thing you can do is slow down. Insurance companies create a sense of urgency on purpose. They want you to feel like the offer is expiring, like the process is routine, like this is just the next step.
It isn’t.
Before you sign anything, do these things:
- Read every page — all of them. Look specifically for language like “release of all claims,” “full and final settlement,” “discharge of liability,” or “waiver of future claims.” These phrases signal that you are being asked to permanently close your case. They may appear in the middle of a long document, not at the top where you’d naturally look.
- Don’t let anyone pressure you into signing immediately. A legitimate settlement offer does not evaporate overnight. If someone is pushing you to sign right now, that urgency is manufactured — and it’s a red flag.
- Call an attorney before you sign. A personal injury attorney can review the documents quickly and tell you exactly what you’re looking at. At Licznerski Law, PLLC, we do this at no charge. One phone call could make a significant difference in your financial recovery.
If You’ve Already Signed — It’s Not Necessarily Over
This is where people assume the door is closed. Sometimes it is. But not always.
Florida law recognizes several legal grounds that can make a signed release voidable or unenforceable. An experienced attorney can evaluate whether any of these apply to your situation.
Fraud or Misrepresentation If the insurance company or its representatives misled you about the nature or contents of the documents — for example, telling you it was a routine authorization when it was actually a release — that misrepresentation can be grounds to invalidate the agreement. You cannot consent to what you were not honestly told.
Mutual Mistake If both parties were operating under a fundamental misunderstanding of the facts at the time of signing — such as the true extent of your injuries being unknown — a court may find grounds to rescind the release. This is particularly relevant when a condition worsens or a new diagnosis emerges after the release was signed.
Lack of Capacity If you were on medication, in significant pain, or otherwise mentally impaired at the time you signed, your capacity to enter a binding contract may be challenged. This is a fact-intensive argument, but it is a legitimate one.
Economic Duress If you signed because you were in financial crisis and the insurance company exploited that vulnerability — knowing the amount was grossly inadequate — Florida courts have recognized economic duress as a basis for challenging a contract.
Failure of Consideration If you signed the release but the promised payment was never made, or conditions were not fulfilled, the agreement may be unenforceable on its face.
How Rescission Works in Practice
Rescinding a release is not a simple process, and it is not guaranteed. But it is a recognized legal remedy, and Florida courts have granted it where the facts support it.
To pursue rescission, you generally must:
- Act promptly upon discovering the grounds for rescission
- Return or offer to return any money you already received
- File a legal action asserting the specific grounds on which the release should be voided
This is not a do-it-yourself project. The insurance company will have attorneys defending the release aggressively. You need someone in your corner who knows how to build the case and navigate the court process.
What to Bring to Your Consultation
Whether you’re looking to avoid signing or trying to undo something already signed, come prepared with:
- All documents sent by the insurance company, in the order you received them
- Any communications — texts, emails, voicemails — from the adjuster
- A timeline of your medical treatment and any diagnoses you’ve received
- The amount offered and when it was offered relative to your treatment
The more context we have, the faster and more accurately we can assess your options.
The Bottom Line
Insurance companies have teams of lawyers and adjusters whose entire job is to minimize what they pay out. You deserve someone whose entire job is to maximize what you recover.
If you signed something you didn’t fully understand, or if you’ve received a stack of documents and don’t know what’s in them, don’t assume it’s too late. Call us. We’ll tell you the truth about where you stand.
Free Consultation — No Pressure
📞 813-934-3519 📧 [email protected] 🌐 www.licznerskilaw.com
Licznerski Law, PLLC serves clients throughout the Tampa Bay area. The consultation is free. The advice is real.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Contact our office directly to discuss the specific facts of your situation.