Detailed Answer

Short answer: Yes — if your concussion symptoms worsen and you require long‑term treatment, that can significantly affect the value and structure of any personal injury settlement in Ohio. How much it affects the settlement depends on proving the need for future care, the timing of any settlement or release you sign, available insurance limits, and whether liens (like Medicare or Medicaid) must be repaid.

How settlements normally treat future concussion-related care

Personal injury settlements compensate for past and future losses caused by another party’s negligence. For a concussion that later worsens, typical compensable items include:

• Past medical expenses (ambulance, ER, imaging, therapies).
• Future medical care reasonably certain to be needed (ongoing neurology visits, cognitive therapy, vocational rehab, durable medical equipment).
• Past and future lost wages and lost earning capacity if cognitive deficits affect work.
• Pain and suffering, emotional distress, and loss of enjoyment of life.

To recover future damages you usually need medical documentation and testimony from treating medical professionals and rehabilitation planners showing the nature and likely duration of treatment and reasonable cost estimates (often presented as a life‑care plan and present‑value calculations).

Why waiting or settling too soon matters

If you accept a full settlement and sign a general release before your symptoms fully develop or before future needs are known, you will generally give up the right to seek additional compensation later for the same injury. That means if concussion symptoms worsen after you settle, you may be responsible for additional treatment costs out of pocket.

To preserve claims for future, later‑manifesting injuries, people commonly take one of these approaches in Ohio negotiations:

• Delay full settlement until symptoms stabilize and future needs are clearer (if feasible given statute of limitations and other pressures).
• Negotiate a higher settlement that explicitly includes an estimate for future medical care based on a life‑care plan.
• Use a structured settlement or set aside a portion of settlement funds to cover future care.
• Negotiate specific release language that reserves the right to reopen or pursue future claims (reopener clauses are contractual and must be agreed to by the insurer/defendant).

Timing and the Ohio statute of limitations

In Ohio, the general statute of limitations for personal injury claims is two years from the date of the injury. See Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Missing the filing deadline can bar you from suing to recover additional damages later, so be mindful of deadlines while you evaluate symptoms and treatment needs.

Insurance limits, liens, and subrogation

Policy limits matter: if the at‑fault party’s insurance limits are low and you accept the full policy amount, you may not have enough to cover ongoing care. Also consider health insurance, Medicare, and Medicaid:

• Federal Medicare Secondary Payer rules and Ohio Medicaid recovery procedures can create repayment obligations for medical benefits paid on your behalf. You and your attorney must identify and address these liens before finalizing a settlement.
• Private health insurers may assert subrogation or reimbursement claims for amounts they paid.

Practical steps to protect your right to fair compensation

1. Keep complete medical records. Document every appointment, diagnosis, test, and therapy.
2. Get thorough evaluations from treating clinicians (neurologist, neuropsychologist, rehabilitation specialist) and consider a life‑care plan that estimates future needs and costs.
3. Do not sign a full, unconditional release if your condition is still evolving. Ask about reserve funds, structured settlements, or reopener language.
4. Discuss potential liens (Medicare/Medicaid/insurer subrogation) early so your settlement accounts for repayments required by law.
5. Consult an Ohio personal injury attorney before accepting any settlement to review release language, calculate future damages, and protect your legal rights.

Hypothetical example

Jane is in a car crash and suffers a concussion. She initially has headaches and memory problems that improve over a few weeks, and an insurer offers a settlement for immediate medical bills and past pain and suffering. Months later cognitive deficits persist and she needs ongoing therapies and vocational rehab.

If Jane had accepted a full release when she thought she was recovering, she likely cannot force the insurer to pay for the new, long‑term care. If she delayed final settlement, kept records, and obtained a life‑care plan, she could negotiate a settlement that includes money for future care or set up a structured settlement to pay for it.

When to talk to an attorney

Speak with an Ohio personal injury lawyer if:

• Your concussion symptoms are persistent or worsening.
• An insurer pressures you to sign a release before your prognosis is clear.
• You face complicated lien or subrogation issues (Medicare/Medicaid/private insurer claims).
• You need help estimating future medical costs and lost earning capacity.

Disclaimer: This article is for general information only and is not legal advice. Laws change and every case turns on its facts. Consult a licensed Ohio attorney to discuss your situation and legal options.

Helpful Hints

• Do not rush to settle if your concussion symptoms are still developing.
• Keep a symptom diary—date entries, describe symptoms, note how they affect daily life and work.
• Ask treating clinicians to document prognosis and recommended ongoing care in writing.
• Request a life‑care plan and cost estimates for long‑term treatment before negotiating future damages.
• Before signing anything, have an attorney review settlement offers and release language—small wording changes can preserve rights.
• Account for potential lien repayments (Medicare/Medicaid/private insurers) in any settlement negotiation.
• Remember Ohio’s general personal injury statute of limitations: two years from the date of injury (Ohio Rev. Code § 2305.10). See: https://codes.ohio.gov/ohio-revised-code/section-2305.10