Detailed answer — Pennsylvania law

Short summary: If concussion symptoms worsen and you need long-term treatment after an accident in Pennsylvania, those future needs can and should be part of your personal injury claim or settlement. If you settle too soon without accounting for future care, you may be unable to recover additional compensation later. Take steps now to preserve your right to future damages and to protect against liens from insurers or government health programs.

How Pennsylvania law treats future medical care and worsening injuries

Pennsylvania allows a person injured by another’s negligence to recover compensation for past medical bills, future medical expenses, lost earnings, and pain and suffering. Courts and insurers evaluate future medical needs using medical records and expert testimony that estimate the likely course of your condition and the cost of necessary care.

Two points matter most:

• You can seek damages for future medical treatment if a reasonable medical opinion supports those needs.
• If you sign a full, unconditional release (a typical settlement), you generally give up your right to pursue additional compensation later for the same accident unless the settlement contract expressly reserves future claims.

What happens if symptoms worsen after a settlement?

If you settle and sign a broad release that resolves “all claims” arising from the accident, you usually cannot reopen the case later simply because your concussion proved worse than expected. Pennsylvania courts treat releases as binding contracts. To recover later you generally need one of the following:

• A reserve or specific language in the settlement that preserves claims for future medical care.
• A structured settlement or fund specifically set aside for projected future medical expenses.
• Evidence of fraud, misrepresentation, or that the other side concealed material facts at the time of settlement (a high bar).

Key legal deadline to watch (statute of limitations)

In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of injury. See 42 Pa.C.S. § 5524. That means you generally must file a lawsuit within two years of the accident unless an exception applies. If you are negotiating a settlement, keep this deadline in mind because signing a release does not extend the statutory period if claims remain unresolved.

42 Pa.C.S. § 5524 (statute of limitations — personal injuries)

Medicare, Medicaid, private insurers, and liens

If a government program (Medicare or Medicaid) or a private insurer paid medical bills after the injury, that payer may have a right to be reimbursed from your settlement. Federal Medicare recovery rules and state Medicaid recovery rules can require you to repay conditional payments or assert liens. Do not settle without addressing these potential payback obligations. Your attorney (or a qualified claims administrator) can request Medicare conditional payment reports and negotiate or resolve liens.

Practical options to protect yourself if symptoms may worsen

• Delay signing a full release until you have completed reasonable medical evaluation and treatment for the concussion, or at least until you have a clear medical prognosis.
• Ask for a settlement that specifically allocates money for future medical expenses and lists the types of care covered (e.g., cognitive rehabilitation, ongoing neurology visits, therapy). Require documentation from medical experts that supports the allocation.
• Negotiate a structured settlement or a restricted fund (trust or qualified settlement fund) to pay future medical bills over time rather than one lump sum you may spend quickly.
• Include a reservation of rights or a specifically carved-out claim for future or latent injuries if the defendant agrees. Plain-language drafting matters; don’t accept vague promises.
• Preserve records: keep detailed medical records, symptom journals, employer notes about lost work, and copies of all bills and receipts.
• Address healthcare liens and subrogation up front. Ask for lien statements and resolve them in writing as part of the settlement.

If you already settled and your concussion worsens

If you already signed a broad release and later your symptoms worsen, recovery options are limited. You may have a claim only if you can show that the settlement involved fraud, material nondisclosure, or that the release didn’t actually cover the new condition. Consult an attorney promptly to review the settlement paperwork and your medical records. An attorney can also check whether the settlement included specific carve-outs or whether the release was narrowly worded.

How an attorney can help

An attorney experienced in Pennsylvania personal injury law can:

• Obtain expert medical opinions about likely future care and costs.
• Negotiate settlement language that protects future medical needs.
• Communicate with insurers, Medicare/Medicaid recovery contractors, and medical providers to address liens and subrogation.
• Structure settlements (including periodic payments) to ensure funds remain available for long-term treatment.

Bottom line: Worsening concussion symptoms can significantly affect the value of a claim because they increase past and anticipated future medical costs and non‑economic damages. To protect your rights in Pennsylvania, document everything, involve medical experts, and avoid signing a full release until you understand the likely course of your condition or unless the settlement expressly provides for future care.

Disclaimer: This article explains general legal concepts under Pennsylvania law and uses hypothetical examples. It is not legal advice. For advice about your specific situation, consult a licensed Pennsylvania attorney.

Helpful Hints

• Keep a daily symptom log describing headaches, memory problems, sleep issues, or cognitive changes. Date each entry.
• Seek evaluation from a neurologist or specialist experienced with traumatic brain injury early and follow recommended testing and therapy.
• Ask your treating provider for a written prognosis and treatment plan that estimates future needs and costs—this helps when valuing future damages.
• Do not sign a full release or accept the first settlement offer. Insurers often aim to close claims early for less than the long-term cost of care.
• If you have Medicare or Medicaid, notify your attorney immediately—there are reporting and reimbursement obligations that can reduce your net recovery.
• Get legal help on contingency if possible—most personal injury lawyers take cases on a contingency-fee basis, meaning they are paid from the recovery if you win or settle.
• Track lost earnings and reduced work capacity with employer statements, paystubs, and evaluations from vocational experts if your concussion affects your job.