Detailed answer
If a concussion from an accident gets worse over time and you require long-term treatment, that fact can affect the value and structure of a personal injury settlement in New Hampshire — but the outcome depends on timing, what you sign, and the evidence you present.
How settlements typically handle future medical needs
Personal injury settlements resolve claims for past and future harms. A fair settlement should reflect:
- past medical bills and treatment already received;
- past lost income and lost earning capacity already realized;
- future medical care that is reasonably certain to be needed because of the injury (including long-term or lifetime care); and
- pain, suffering, and other non-economic losses.
For concussions, future needs often include ongoing neurology or concussion-clinic follow-up, neuropsychological testing, therapy (physical, occupational, vestibular, cognitive), medication, and possible vocational rehabilitation. When insurers or defendants understand that your symptoms may be long-lasting, they will factor likely future treatment costs into any offer.
What happens if symptoms worsen after you accept a settlement?
If you sign a general release that fully settles and releases all claims, you usually cannot reopen the case later to demand more money for worsening symptoms. Courts treat a valid, voluntary release as barring subsequent claims that arise out of the same injury, absent fraud or mutual mistake. That means an early, broad settlement can permanently foreclose recovery for chronic or delayed symptoms that appear later.
On the other hand, if you preserve future claims in writing or negotiate settlement language that reserves the right to seek additional compensation for future treatment, you may remain able to pursue more recovery later. Common approaches include structured settlements, periodic payments, or settlement language that limits the release to known injuries or to a specific amount for future treatment.
How insurers and lawyers prove and value future concussion care
To get compensation for future treatment you need reliable evidence that the treatment is reasonably certain and causally related to the accident. Typical evidence includes:
- medical records showing ongoing symptoms and treatment;
- diagnostic testing and specialist evaluations (neurology, neuropsychology, ENT/vestibular specialists when relevant);
- expert opinions and life-care plans estimating future care and costs;
- documentation of lost wages, reduced hours, or change in job duties;
- records of how symptoms limit daily activities and quality of life.
New Hampshire courts and insurers will weigh this evidence when valuing a claim for future medical expenses and non-economic losses such as persistent cognitive impairment or chronic headaches.
Timing matters — medical plateau and statute of limitations
Settlement timing affects risk. If you settle before your condition stabilizes (a medical “plateau”), you may under-value future needs or sign away right to later recovery. Talk with treating clinicians about prognosis and expected course before accepting a full release.
Also keep in mind New Hampshire’s statute of limitations for bodily injury claims. Claims for injury to the person must generally be filed within three years of the injury. See New Hampshire Revised Statutes Annotated (RSA) section 508:4: RSA 508:4. If you wait too long to file a lawsuit, the court may bar your claim regardless of medical changes.
Practical options if you fear long-term concussion effects
- Delay signing any broad release until your treating doctors have assessed whether you’ve reached a medical plateau.
- Negotiate higher settlement amounts that explicitly include projected future medical costs, supported by a life-care plan or expert report.
- Ask for a structured settlement or periodic payments to cover ongoing care rather than a single lump sum.
- Reserve future claims in writing when appropriate — for example, accept payment for known past bills but preserve your right to seek compensation for newly diagnosed or clearly related future conditions.
- Keep detailed records of symptoms, treatments, appointments, time missed from work, and how the concussion affects daily life.
Hypothetical examples (illustrative only)
Example A — Early full release: You accept a one-time settlement offering $10,000 and sign a full release. Months later you develop chronic post-concussion syndrome requiring $50,000 in future care. Because you signed a complete release, you likely cannot recover additional compensation from the same defendant.
Example B — Preserved future claim: You negotiate a settlement that pays $10,000 for past bills and explicitly reserves your right to pursue additional compensation if new or worsening concussion-related needs arise within a defined period. You preserve the right to seek more money later, and you may pursue it if you show the worsening is causally related.
Why you should involve an attorney before settling
An attorney can help you:
- evaluate settlement offers against realistic projections of future care costs;
- negotiate release language that protects your right to future recovery when appropriate;
- obtain or prepare life-care plans and expert opinions to support future damages;
- ensure you do not accidentally waive important claims by signing a release or accepting a quick low offer.
Quick summary
Worsening concussion symptoms can increase the value of a personal injury claim, but if you sign a full release you will generally give up the right to recover additional money later. Protect your position by documenting your condition, getting expert projections for future care, and discussing settlement timing and release language with an attorney before you accept any final offer.
Disclaimer
This article explains general principles under New Hampshire law and is for educational purposes only. It is not legal advice. Every case is different. Consult a licensed New Hampshire attorney to discuss how the law applies to your specific situation.
Helpful Hints
- Do not sign a full release until you understand your likely long-term medical needs.
- Ask treating doctors whether you have reached a medical plateau before settling.
- Keep complete, chronological medical records and copies of all bills and test results.
- Request a life-care plan or cost estimate for anticipated future treatment if ongoing care is likely.
- Consider structured payments or reserving future claims rather than a one-time lump sum if your prognosis is uncertain.
- Speak with a New Hampshire personal injury attorney before accepting any settlement offer or signing a release.
- Remember the statute of limitations: personal injury claims in New Hampshire generally must be filed within three years of the injury (see RSA 508:4).