Detailed Answer
Short answer: Yes — worsening concussion symptoms and the need for long‑term treatment can and should affect the value and terms of a personal injury claim in Montana. How much they affect a settlement depends on timing, documentation, medical proof of causation and prognosis, and the wording of any release you sign.
Below is a practical, step‑by‑step explanation of how this plays out and what to do to protect your recovery.
How personal injury settlements account for future care
When an injured person settles or sues, recoverable damages typically include both past expenses (medical bills already paid or billed) and reasonably certain future expenses (ongoing treatment, therapy, assistive devices, future surgeries, and future lost earnings). For a concussion that worsens or becomes chronic, a settlement should reflect:
- past medical treatment and bills;
- future medical care that is reasonably certain to be needed because of the injury (established by medical records and expert opinion); and
- non‑economic damages, such as pain and suffering, which can increase if symptoms worsen or become permanent.
Timing matters: pending claim vs. after a full release
If your case is still open (you have not signed a full release):
- You should continue to document new or worsening symptoms and obtain medical opinions tying those symptoms to the original concussion. This documentation can increase a settlement demand or a jury award for future care.
- You can request additional or interim funds to cover escalating treatment costs, or amend your demand/complaint to include newly evident damages.
If you have already signed a full settlement and release:
- A full release typically bars any later claim for additional damages arising from the same incident. That means you will generally not be able to reopen the claim for new or worsening concussion symptoms unless the release contained specific language reserving future claims or there was fraud, misrepresentation, or a limited release carved out for future medicals.
- To protect against late‑appearing problems, plaintiffs often negotiate either a settlement that includes an amount reserved for future medical care or a re‑opener provision that allows limited future recovery if certain conditions occur.
Proof you’ll need to show increased damages
To obtain additional settlement value or to justify a higher demand, you will need clear evidence that the concussion caused the worsening condition and that continued treatment is necessary. Useful items include:
- medical records documenting the initial concussion and the progression of symptoms;
- ongoing treatment notes, diagnostic imaging, neuropsychological testing, and rehabilitation plans;
- an opinion from a treating physician or specialist (neurologist, neuropsychologist, or brain injury specialist) linking current deficits to the original injury and estimating future care needs;
- records of lost wages or lost earning capacity, and documentation of effects on daily life;
- life‑care plans or cost estimates for long‑term therapy, home modifications, or assistive devices, when appropriate.
Practical settlement tools to protect future recovery
When negotiations begin, consider these options so future worsening doesn’t leave you uncompensated:
- Reserve for future medicals: include a lump sum or structured set‑aside specifically earmarked for future concussion treatment.
- Re‑opener clause: negotiate a clause that allows for additional recovery if certain objective criteria (e.g., a new diagnosis, specified level of impairment, or need for surgery) are met within a set time.
- Structured settlement: spread payments over time to cover long‑term care needs.
- Partial or limited release: release the defendant only for past claims while leaving future claims intact.
Montana practical rules you should know
File deadlines: Montana imposes time limits for filing most personal injury lawsuits. For bodily injury claims, the general limitations period is three years from the date of the injury. See Mont. Code Ann. § 27‑2‑204: https://leg.mt.gov/bills/mca/27/2/27-2-204.htm. If you delay past the applicable deadline, you risk losing the right to sue — and that can affect your leverage in settlement discussions.
Comparative fault and damages: Montana law reduces recovery if the injured person bears some fault for the accident; the amount you can recover may be reduced in proportion to your fault. Because partial fault affects settlement value, it is important to document causation and liability clearly.
What to do now if symptoms worsen
- Seek medical care immediately and follow the treatment plan; continued documentation is essential.
- Tell your attorney or insurer about new symptoms as soon as they appear. Do not accept a quick settlement without first understanding future risks.
- Gather and preserve records: all doctor notes, prescriptions, imaging, therapy notes, and records of missed work.
- Ask your treating doctor for a written prognosis and an opinion on whether future care is likely to be needed because of the concussion.
- If you already signed a release, consult an attorney promptly to evaluate whether any carve‑outs apply or whether there are narrow exceptions that might allow reopening the claim.
When to talk to a lawyer
Consult an attorney if you face any of these situations:
- Your symptoms worsen after an initial settlement offer;
- You need a settlement that accounts for long‑term or uncertain future care;
- You previously signed a release but now face substantial new treatment needs;
- Insurers deny liability or refuse to pay reasonable future care costs.
An attorney can help you assemble medical proof, estimate future damages, negotiate re‑opener language or reserves, and explain Montana’s procedural rules (including the statute of limitations).
Hypothetical example
Jane suffers a concussion in a car crash in Montana. Initially she improves, signs a settlement that covers immediate bills, and signs a broad release. Two years later she develops persistent cognitive problems and needs long‑term neurorehabilitation. Because she signed a full release without a re‑opener or future medical set‑aside, she likely cannot recover additional money from the at‑fault driver unless she can prove the defendant concealed facts or the release was procured by fraud. If Jane had kept the claim open or negotiated a reserve for future care, she could use recent medical evidence to increase her recovery.
Key takeaways
- Worsening concussion symptoms and long‑term treatment needs should increase the value of a claim — but only if you document causation, keep your case open, or secure future‑care language in a settlement.
- Signing a full release without protections usually prevents any later recovery for newly apparent or worsening conditions caused by the same accident.
- Act promptly: continue treating and documenting symptoms, and be mindful of Montana’s filing deadlines. See Mont. Code Ann. § 27‑2‑204: https://leg.mt.gov/bills/mca/27/2/27-2-204.htm.
Disclaimer: This article is educational only and is not legal advice. I am not a lawyer. Laws and outcomes vary with facts and change over time. For advice about a specific situation, consult a qualified Montana attorney who can evaluate your medical records and case details.
Helpful Hints
- Keep a daily symptom journal describing headaches, dizziness, memory issues, sleep, and mood changes. This helps establish progression.
- Request written prognosis and future care cost estimates from treating specialists early.
- Do not accept a “final” payout until you know how your symptoms evolve; insist on future‑care language if there’s any risk of chronic issues.
- Ask whether a structured settlement or medical set‑aside is available to cover long‑term therapy.
- Preserve all employer records showing missed work and lost earnings — these affect future wage‑loss claims.
- If an insurer pressures you to settle quickly, politely decline and get legal advice first.
- If a release is presented, read it carefully. Look for broad language that releases future claims; negotiate limits or re‑openers if necessary.