Detailed Answer
Short answer: If your concussion symptoms worsen and you need long‑term treatment, that can increase the amount you should seek in a personal injury claim—but only if you (1) have not already signed a full release that closes the claim, or (2) you took steps when settling to reserve future claims or structure payments to cover future care. Once you sign a broad release, it usually prevents you from collecting more later unless there was fraud, mutual mistake, or some contract term that allows reopening.
How New York personal injury settlements normally handle future injuries
Personal injury recoveries in New York are intended to compensate for past and future losses caused by the defendant’s negligence. Those recoverable items typically include past and future medical expenses, lost earnings, reduced earning capacity, and pain and suffering. If you haven’t settled, you can (and should) pursue compensation for both current treatment and reasonably certain future care.
If you haven’t settled yet: plan for the possibility of worsening symptoms
- Get a clear medical record and prognosis. To claim future medical costs you will need treating doctors’ and sometimes independent medical experts’ opinions about likely future treatment and cost estimates.
- Include future care in settlement negotiations. Your settlement or demand should explicitly request compensation for anticipated long‑term treatment, rehabilitation, and any assistive needs (home care, therapy, adaptive equipment).
- Consider a structured settlement or periodic payments. Instead of a single lump sum, periodic payments can ensure funds for continuing care.
- Use a limited release or reserve future claims. You can ask the defendant to agree to a narrower release that only releases known claims or to reserve the right to pursue future medical expenses if the injury worsens. A release’s exact language determines whether you can seek more later.
If you already signed a full release
In most cases a full, unconditional release bars you from seeking additional compensation for the same injury later. New York courts enforce releases according to their plain language. If a release completely discharges the defendant from liability for the accident, you generally cannot reopen the claim if the concussion symptoms later worsen.
Limited exceptions are rare and fact‑specific. They may include claims that the defendant or settling party committed fraud, concealed material information, or there was a mutual mistake about a fundamental fact at the time of settlement. These are difficult to prove and require legal action.
How New York law treats benefits from other sources (collateral source issues)
When a jury awards damages, New York law lets the court reduce the award by certain benefits already received from other sources. See New York Civil Practice Law & Rules (CPLR) § 4545 for the collateral source rule and allowable reductions: CPLR § 4545. In practice, this means some payments from health insurers, no‑fault automobile benefits, or other sources may affect the net recovery you receive. Also be aware that Medicare and Medicaid may assert repayment or lien rights against your recovery—in those cases you will need to address federal and state health care repayment rules and any applicable lien obligations with counsel.
Statute of limitations and timing
Don’t miss deadlines. In New York, most personal injury claims must be filed within the time set by the statute of limitations. See CPLR § 214 for timing rules applicable to personal injury claims: CPLR § 214. If your concussion leads to a claim, calendar the deadline and consult an attorney early so you don’t lose the right to sue while you wait for your prognosis.
Proving future damages in New York
To recover for future medical treatment and care you usually must show by reasonable certainty (often through medical experts) what care you will need and the likely cost. Courts expect evidence such as:
- Medical records and treating physician opinions
- Expert testimony estimating future care and expenses
- Detailed bills, invoices, or cost estimates for long‑term services
Practical consequences and strategic choices
- If your injury is still evolving, delay finalizing a full release until you have a stable prognosis if possible.
- Ask the other side to include future medical expenses in any settlement or to agree to a reserved claim for future care.
- Negotiate structured payments or an escrow to cover future treatment costs if the defendant resists a reservation of rights.
- If you already settled without reservation and your condition worsens, consult an attorney promptly to explore narrow remedies—rescission for fraud or mistake is difficult but may exist in extreme cases.
When to get an attorney
Before you sign any release or accept a settlement offer, consult a personal injury attorney. An attorney can:
- Help estimate future medical needs and costs;
- Draft settlement language that protects your right to future care (if the other side will accept it);
- Negotiate structured settlements or reserves; and
- Identify and address potential lien or subrogation claims.
Useful New York law references
- Collateral source setoff: CPLR § 4545 — https://www.nysenate.gov/legislation/laws/CPLR/4545
- Statute of limitations for personal injury actions: CPLR § 214 — https://www.nysenate.gov/legislation/laws/CPLR/214
- No‑fault motor vehicle benefits (if the concussion arises from a car crash): Insurance Law § 5102 — https://www.nysenate.gov/legislation/laws/INS/5102
Helpful Hints
- Do not sign a full release until your medical condition stabilizes or you have clear estimates for future care.
- Keep detailed medical records and symptom logs (dates, symptoms, treatment, how symptoms affect daily life).
- Ask your treating doctor to provide written opinions about likely future treatment and expected costs.
- Ask the other side for structured payments or a medical‑expense escrow if they will not agree to reserve future claims.
- Check whether any insurer, Medicare, or Medicaid will have a lien on your recovery and plan how to address that before settling.
- Consult an experienced New York personal injury attorney before accepting any settlement offer or signing release language.
Disclaimer: This article explains general principles of New York personal injury practice and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed New York attorney.