What you need to know if your concussion worsens and you need long-term treatment

Short answer: Yes—if your concussion symptoms worsen and you require long-term care, that can increase the value of a personal injury claim. How much it affects a settlement depends on timing (whether you settle before symptoms fully develop), the language of any release you sign, proof linking the worsening symptoms to the accident, and liens or subrogation claims (like Medicare/Medicaid or private insurers). This article explains what commonly happens in Mississippi and what practical steps to take.

Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed Mississippi attorney.

Detailed Answer

1. How future/worsening symptoms affect settlement value

If your concussion leads to new or worsening symptoms that require additional medical care, rehabilitation, or lost earning capacity, those future needs increase damages. Damages that can be affected include:

• Past and future medical expenses (doctor visits, imaging, therapy, medication, assistive devices)
• Past and future lost wages and lost earning capacity
• Increased pain and suffering and reduced quality of life

Insurance adjusters and opposing counsel will value these items using medical records, expert opinions (neurologists, neuropsychologists, life-care planners), and economic assessments to estimate the present value of future expenses and lost earnings.

2. Timing matters: settle now or wait?

If you settle a claim early and sign a full release that broadly discharges all claims arising from the accident, you typically give up the right to recover more later—even if symptoms worsen. In Mississippi, as elsewhere, a properly drafted release is usually final and bars later claims unless it was obtained by fraud, duress, or mutual mistake. That means:

• If you are already having persistent or progressive symptoms, discuss those with your attorney before settling.
• If your symptoms may change or you have uncertain prognosis, you may want to delay settlement until your condition stabilizes or negotiate special language (see structured settlements and future medical reserve below).

3. Proof matters: how to document and prove worsening symptoms and future needs

To persuade an insurer or jury that your worsening concussion requires long-term treatment, you should:

• Get and keep consistent medical care after the accident. Emergency notes, neurology visits, MRIs, neuropsychological testing, and physical or occupational therapy notes are critical.
• Ask treating physicians to explain how the treatment relates to the accident and to provide opinion on prognosis and likely future care.
• Consider specialist reports (neurology, neuropsychology) and a life-care plan that estimates future medical needs and costs.
• Document functional limits at home and work, including employer statements and wage records for lost time.

4. If you already signed a release

Once you accept a settlement and sign a full release, you generally cannot seek more for the same accident unless you can show the release is voidable (fraud, mistake, incapacity) or the release specifically preserves future claims. Mississippi courts enforce clear releases. If you suspect your release did not cover future medicals or reserves, consult an attorney immediately.

5. Structured settlements, reserves, and reservation-of-rights

When future medical needs are likely, claimants often use these options:

• Structured settlement—periodic payments to cover long-term costs.
• Set-aside or future medical reserve—negotiating that the insurer retains funds or agrees to pay future specified treatment.
• Reservation of rights or limited release—agreeing to settle certain categories of damages while preserving the right to seek future medical costs related to the accident. Such arrangements must be clearly written.

These options require negotiation and clear contract terms. If you expect worsening symptoms, raise these with your attorney and the insurer before signing anything.

6. Liens and subrogation (health insurers, Medicare/Medicaid)

If an insurer, Medicare, or Mississippi Medicaid has paid treatment, they may have a right to recover from your settlement (subrogation or lien). Federal Medicare Secondary Payer rules also require that conditional payments be resolved from settlements. Failure to address these liens can reduce your net recovery. Helpful resources include the Mississippi Division of Medicaid (https://medicaid.ms.gov/) and federal Medicare information on recovery and conditional payments (CMS): https://www.cms.gov/.

7. Statute of limitations

Under Mississippi law, most personal injury claims must be filed within three years of the date of the injury. See Miss. Code Ann. § 15-1-49. If you delay too long because you hoped symptoms would get worse, you risk losing the right to sue. If you settle, the release normally ends your ability to sue in any event. For the official Mississippi code, see the Mississippi Legislature: https://www.legislature.ms.gov/.

8. Practical outcome scenarios

• If you wait and later can document significant future care, you can demand more compensation or file suit (if within the statute of limitations) and recover for future damages.
• If you accept a broad full release now, it usually bars later claims—even for newly discovered worsening symptoms.
• If an insurer knew or should have known of escalating symptoms and you were pressured into settling, there may be narrow bases to challenge a release—consult counsel promptly.

9. Why you should talk to a Mississippi attorney before settling

A lawyer can:

• Assess whether your current medical record supports claims for future care.
• Negotiate reserves, structured settlements, or reservation language.
• Help resolve or reduce liens, including Medicaid/Medicare implications.
• Advise on timing to avoid missing the statute of limitations (Miss. Code Ann. § 15-1-49) and preserve your rights.

Helpful Hints

• Do not sign a full release until your condition stabilizes or you fully understand how the release treats future claims.
• Keep detailed medical records and a symptom diary (when symptoms appear, how they limit activity, missed workdays).
• Ask your treating doctor to explain prognosis and future treatment needs in writing.
• Get early neuropsychological testing and a life-care plan if ongoing cognitive or functional deficits appear.
• Ask about liens—if Medicaid or Medicare paid for care, notify them and resolve their claim against any settlement.
• Consider negotiating a structured settlement or future medical fund if future care is likely.
• Speak to an attorney experienced in Mississippi personal injury law before accepting any offer.

If you want, I can outline a checklist of documents to collect for a medical expert or draft questions to ask a potential attorney in Mississippi.

Reminder: This information summarizes common legal considerations under Mississippi law and is not legal advice. For advice about your case, consult a licensed Mississippi attorney.