Understanding How Long-Term Concussion Care Can Affect a Nebraska Personal Injury Claim

Short answer: A worsening concussion and need for long-term treatment can increase the value of a personal injury claim, but how it affects any settlement depends on timing, how you document future needs, release language, and whether you involve experts and Medicare/Medicaid. Do not sign a full release until you understand the prognosis. This is general information, not legal advice.

Detailed answer

1. Why future worsening matters

Personal injury recovery aims to compensate for both current and future harms caused by someone else’s negligence. If concussion symptoms worsen or develop into post-concussion syndrome or cognitive impairments that require long-term therapy, rehabilitation, assistive care, or lost earning capacity, those future costs and losses are part of the damages that can be claimed.

2. Types of damages that can increase

• Future medical expenses: ongoing neurologic care, neuropsychological testing, physical therapy, occupational therapy, speech therapy, durable medical equipment, or home-health support.
• Future lost earnings and diminished earning capacity: if cognitive or physical limitations reduce the ability to work full-time or in the same occupation.
• Future non-economic damages: increased pain and suffering, loss of enjoyment of life, and loss of consortium for family members depending on severity.
• Cost of future modifications: vehicle adaptations, home modifications, special education or vocational rehabilitation.

3. Evidence needed to prove future damages

Courts and insurers rely on credible evidence to award (or negotiate) future damages. Typical evidence includes:

• Detailed medical records and longitudinal documentation of symptoms and treatments.
• Expert opinions: treating physicians, neurologists, neuropsychologists, life-care planners, economists, and vocational specialists.
• Cost estimates and receipts for therapies, equipment, and projected future care.
• Employment records and expert testimony about lost earnings and future earning capacity.

4. Settlement timing and strategy

How and when you settle affects your ability to recover for future worsening:

• Settle too early: If you accept a full-and-final settlement and sign a complete release before your condition stabilizes, you usually give up the right to pursue additional compensation later—even if symptoms worsen.
• Wait for medical stability: Many attorneys recommend waiting until you reach maximum medical improvement (MMI) or a clearer prognosis before finalizing a settlement. That reduces the risk of underrating future needs.
• Reserve or re-opener clauses: You or your lawyer can negotiate settlement terms that reserve certain claims (for example, future medical costs) or include a re-opener if certain conditions appear. Such provisions must be explicit in the settlement documents.
• Structured settlements: If future costs look large but uncertain, settlements can be structured into periodic payments to ensure ongoing support for care.
• Partial settlement with preservation: Parties may agree to settle certain damages (past medical bills, wage loss) while preserving claims for future treatment.

5. Litigation vs. settlement

If a case goes to trial, a jury can award future damages based on expert testimony and evidence. In settlement negotiations, plaintiffs often rely on the same evidence to justify a higher demand. Litigation may produce a larger recovery in some cases but carries risks, costs, and delay. A well-documented, expert-backed claim for future care is critical either way.

6. Medical liens, government benefits, and reimbursement

Before accepting money, consider third-party liens and government reimbursement rules:

• If Medicaid paid for treatment, Nebraska DHHS may have a claim to recover costs from any settlement: see Nebraska Department of Health and Human Services (https://dhhs.nebraska.gov/). You should ask your attorney to address state liens and repayment obligations.
• Medicare’s interests must be considered if Medicare benefits are involved. Federal rules can require reimbursement from settlements for related services.
• Private health insurers often assert liens or subrogation claims.

7. Statute of limitations

Do not wait too long. In Nebraska, personal injury claims are subject to a statute of limitations. Generally, you must file suit within the time specified by Nebraska law. For example, Nebraska’s statute addressing time limits for many personal injury actions is set out at Neb. Rev. Stat. § 25-207. If you miss the applicable deadline, you may lose the right to sue. For the exact limitation period that applies to your case, consult an attorney promptly. See the Nebraska Revised Statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=25-207

8. Practical steps to protect your position

1. Seek immediate and ongoing medical care. Document everything — symptoms, test results, diagnoses, medications, therapies, and functional limitations.
2. Tell your doctors all your symptoms and ask them to record prognosis and anticipated future needs.
3. Keep records of work status, missed wages, and communications with employers about accommodations.
4. Talk to a Nebraska personal injury attorney early. An attorney can help secure experts (life-care planner, neuropsychologist, vocational expert), prepare cost projections, and negotiate settlement terms that preserve rights for future care.
5. Avoid signing a full release or accepting a quick low offer until you have a clear idea of potential long-term needs.

Helpful Hints

• Document everything. The stronger your records and expert opinions, the more likely you will be fairly compensated for future care.
• Ask about re-opener or reservation language if considering an early settlement.
• Consider structured payments if future costs are likely but uncertain.
• Check for potential state lien claims through the Nebraska DHHS if public benefits paid for medical care (https://dhhs.nebraska.gov/).
• Consult an attorney experienced with traumatic brain injury and long-term care claims in Nebraska before finalizing any release.

Disclaimer: This article explains general principles under Nebraska law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, speak with a licensed Nebraska personal injury lawyer promptly.