What to know if your concussion worsens after a personal injury settlement in Alabama

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Alabama attorney before signing any settlement or release.

Detailed answer — how a worsening concussion can affect a personal injury settlement in Alabama

If you settle a personal injury claim and later your concussion symptoms worsen or you need long‑term treatment, the settlement’s effect depends on the type of release you signed and how the settlement was negotiated.

1. Full release vs. limited or reserved release

Most full settlement agreements include a broad release of all present and future claims arising from the incident. If you sign a full release covering all claims related to the accident, you generally give up the right to seek more money later even if your concussion gets worse. Courts in Alabama generally enforce clear release language.

Alternatives exist:

• Partial release for past damages only — preserves rights to bring future claims for worsening or new conditions.
• Reservation of future claims — the release explicitly states you reserve the right to recover additional damages that develop later.
• Structured settlement or future medical fund — sets aside money for future treatment while finalizing a release for other damages.

2. Reopening or undoing a settlement is difficult

Once you sign a full release and accept payment, reopening the case is rare. Alabama courts will set aside a settlement only in limited circumstances such as fraud, mutual mistake, or where the release was obtained by duress or material misrepresentation. If the worsening condition was unknown when you settled, that alone usually does not undo a valid, knowing, and voluntary release.

3. Practical limits and offsets

If you preserve future claims and later recover more, expect potential reductions for amounts already paid or for medical lien/subrogation interests. Health insurers, Medicare, Medicaid, or private providers may assert repayment or lien rights for medical expenses they covered. Federal and state rules can affect how those liens are handled.

4. Statute of limitations

Even if you delay pursuing future damages, you must respect Alabama’s statute of limitations for personal injury claims. For most personal injury actions the limitation period is two years from the date of the injury. See Ala. Code § 6‑2‑38. To protect your rights, check deadlines applicable to your facts and get legal advice early. (Alabama Code is available through the Alabama Legislature website: https://www.legislature.state.al.us/.)

5. Contributory issues and mitigation

Alabama’s rules around fault and mitigation also affect recovery. Under Alabama law, injured parties must try to mitigate damages (seek prompt, reasonable treatment). Failure to mitigate can reduce a claim’s value. Also note Alabama applies strict rules on comparative fault in some contexts; consult counsel for details specific to your claim.

How to protect yourself if you think your concussion might get worse

• Do not sign any full release without understanding whether future claims are waived.
• Ask to reserve future claims for medical conditions that may develop after the settlement.
• Consider negotiating a structured settlement, a medical expense fund, or a reopener clause tied to future medical need.
• Keep thorough medical records and obtain written medical opinions about prognosis and the likelihood of long‑term needs.
• Notify the insurer promptly if your symptoms worsen and follow up in writing.
• Talk to an Alabama personal injury lawyer before accepting any settlement — an attorney can draft release language that preserves your rights and negotiate protections like liens, subrogation arrangements, or future payment reserves.

When can you reopen a settlement?

Reopening a finalized settlement is generally limited to narrow grounds such as:

• Fraud or misrepresentation by the defendant or insurer about the injured person’s condition or the facts.
• A mutual mistake that goes to the heart of the agreement.
• Duress or incapacity at the time of signing.

Medical worsening that was simply unknown at the time of settlement rarely allows reopening if the release was entered knowingly and voluntarily.

Practical example (hypothetical)

Imagine you settle for $30,000 with a full release and accept payment. Six months later your post‑concussion symptoms significantly worsen and you require long‑term neurological care costing much more. Because you signed a broad release, you probably cannot seek additional money from the at‑fault party unless you can prove the release was obtained by fraud or other narrow legal defects. If, instead, you had reserved future claims or set up a medical fund during settlement, you might have access to additional funds without reopening the case.

Helpful Hints

• Before settling, ask the insurer for a written settlement offer and read the full release carefully.
• Get a medical prognosis in writing about possible delayed or progressive symptoms from concussion.
• If you are unsure about future symptoms, push for a limited release, future‑claims reservation, or a medical set‑aside.
• Document all symptoms, medical visits, and expenses. Good records strengthen later claims or negotiations.
• Be aware of potential liens or subrogation claims from health insurers or Medicare — resolving those issues should be part of settlement talks.
• Consult a licensed Alabama personal injury attorney before you sign. A lawyer can explain the effects of release language and negotiate protections for future medical care.
• Keep timelines in mind. Know the applicable statutes of limitations (see Ala. Code § 6‑2‑38) and act early to preserve rights.

For more information about the Alabama Code, visit the Alabama Legislature website: https://www.legislature.state.al.us/.

Remember: this information is educational only and is not a substitute for personalized legal advice from a licensed Alabama attorney.