What happens if my concussion symptoms worsen and I need long‑term treatment?

Short answer: If concussion symptoms worsen and you require long‑term care, that can increase the value of a personal injury claim. You may be entitled to compensation for past and future medical expenses, lost income, reduced earning capacity, and non‑economic harms (pain, suffering, loss of enjoyment of life). To capture fair compensation you generally must document your condition, link it to the accident, and show what care and costs are reasonably likely in the future.

Disclaimer

This article is educational only and is not legal advice. Laws change and every case is different. Talk with a licensed Maine personal injury attorney about your specific facts before making decisions.

Detailed answer — how worsening symptoms and long‑term treatment affect a Maine personal injury claim

1. What types of damages could increase if your concussion gets worse?

• Past medical expenses: All reasonable, related treatment you already received (ER visits, imaging, therapy).
• Future medical expenses: Expected future costs for ongoing treatment: neurologists, neuropsychological testing, outpatient therapy, medications, home care, and assistive services.
• Lost wages and lost earning capacity: Pay you’ve missed while recovering plus reduced ability to earn in the future if concentration, memory, or stamina are affected long‑term.
• Non‑economic damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and impairment of daily activities.
• Cost of caregiving or household help: If someone must assist you with daily tasks because of cognitive or physical limitations.

2. Key legal concepts you must prove

To obtain higher compensation for worsening symptoms, you (through your attorney) must prove:

1. Liability: The other party was negligent or otherwise legally responsible for the accident.
2. Causation: The concussion and its worsening were caused by the accident (not an unrelated condition).
3. Damages: The specific past and reasonably certain future losses that resulted from the injury.

3. Evidence that strengthens claims for long‑term concussion care

Insurance companies and courts expect objective documentation. Useful evidence includes:

• Emergency department and hospital records showing diagnosis and initial treatment.
• Provider notes from neurologists, neuropsychologists, and primary care providers that describe symptoms, cognitive testing, and progression.
• Results of imaging and neurocognitive testing (MRI, CT, neuropsychological evaluations).
• Records of ongoing therapy (physical therapy, occupational therapy, speech therapy, cognitive rehabilitation).
• Expert opinions—medical and vocational—about prognosis and expected future care/costs.
• Employment records showing lost time, reduced hours, or job changes tied to the injury.
• Journals, symptom logs, and testimony from family or caregivers describing daily functional limitations.

4. How future medical costs are calculated

Future damages are usually estimated by:

• Conservative projections based on current treatment plans.
• Medical experts or life‑care planners who create a schedule of likely services and costs.
• Discounting for the present value of future expenses (if trying the case), or negotiating a settlement that recognizes uncertainty.

5. Settlement timing — don’t settle too early

Concussions can change over months or years. Accepting an early settlement before symptoms stabilize can leave you without compensation for later, more serious needs. Common guidance:

• Try to reach maximum medical improvement (MMI) or a clearer prognosis before finalizing a full‑release settlement when possible.
• If you must resolve the claim early, consider limited releases, structured settlements, or reserving the right to reopen based on new information (if insurer agrees).

6. Practical settlement strategies for long‑term injuries

• Use retained medical records and an independent medical examination (IME) if necessary to confirm causation and prognosis.
• Get written cost estimates or life‑care plans for future care.
• Document how the injury affects work and daily life to support non‑economic damage claims.
• Consider settlement structures that provide ongoing payments (structured settlements) for long‑term needs.

7. Timing limits under Maine law

It is important to be aware of time limits for filing a lawsuit. In Maine, many personal injury claims must be filed within six years from the date of the injury. See Maine Revised Statutes, Title 14, section 752 for limitations on actions: https://legislature.maine.gov/statutes/14/title14sec752.html. If you delay settlement or litigation too long, you could lose the right to recover damages.

8. Medical liens, insurers, and government programs

If Medicare, MaineCare (Medicaid), or other insurers have paid for treatment, they may have a right to be reimbursed from any recovery. Notify your providers and any public payers, and involve an attorney who can identify and negotiate liens. Federal rules (e.g., Medicare secondary payer rules) and state reimbursement rules can affect the net recovery.

9. Why working with a Maine personal injury attorney helps

An experienced Maine personal injury attorney can:

• Evaluate liability and the strength of your claim.
• Help gather medical and vocational evidence linking worsening symptoms to the accident.
• Work with medical and life‑care experts to estimate future costs.
• Negotiate with insurers to avoid low early offers and protect your long‑term interests.
• Watch statute of limitations deadlines and protect your right to sue if negotiations fail.

Helpful Hints

• Seek prompt medical care after any head injury and follow recommended treatment—early documentation is crucial.
• Keep a daily symptom and activity log—notes about headaches, memory problems, sleep issues, mood changes, and tasks you can’t complete help paint a clear record.
• Save all medical bills, receipts, prescriptions, and time‑off records from work.
• Do not sign a full release or accept a final settlement until you understand your long‑term prognosis and future costs.
• Ask insurers whether a settlement will consider future medical needs and whether a structured settlement is possible.
• Contact a Maine personal injury attorney for a case review before agreeing to any final resolution.

If you want, I can help you find what to look for when choosing a Maine personal injury attorney, prepare a list of questions to ask at a free consultation, or outline the records and documents you should collect now.