Detailed Answer — What to expect if concussion symptoms worsen and you need long-term care

Short answer: If symptoms worsen after a settlement, you may lose the ability to recover more money unless you reserved future claims, included future medical expenses in the settlement, or negotiated a way to reopen the claim. To protect yourself, document everything, avoid signing a full release until you understand your prognosis, and consult a Rhode Island personal injury attorney before accepting payment.

Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice about a specific case, consult a licensed Rhode Island attorney.

How settlements normally work

A typical personal injury settlement resolves the injured person’s claims against the defendant and the defendant’s insurer. Most settlements are finalized by signing a release that says the claimant accepts a sum of money in full satisfaction of all present and future claims related to the injury. Once you sign and accept payment under a full release, you generally cannot ask for more money later for the same injury.

Why worsening symptoms matter

Concussions can change over time. Symptoms such as persistent headaches, cognitive problems, dizziness, sleep disturbance, or mood issues sometimes emerge or become clearer only after months. If you accept a settlement before those long-term effects are known:

• You may have given up the right to recover for future medical costs and lost earnings related to the worsening condition;
• Insurers and defendants will likely point to the release language to deny any later claims;
• It will be harder to prove future damages because courts require objective evidence from treating physicians and experts to support claims for future medical care or disability.

How to protect your rights before settling

Before you accept any settlement in Rhode Island, consider these steps:

• Keep receiving and documenting medical treatment. Notes, test results, and objective findings (neurocognitive testing, imaging when appropriate, symptom inventories) strengthen later claims for future care.
• Aim to reach maximum medical improvement (MMI) or a clearer prognosis before finalizing a settlement. If MMI is far off, settling now risks leaving future needs uncompensated.
• Ask the insurer for a written offer in full and avoid signing a release until you understand the long-term outlook.
• Negotiate express language that preserves claims for future damages, or include a separate provision for anticipated future medical expenses in the settlement agreement.
• Consider structuring the settlement to fund future care (periodic payments or a trust) instead of a one-time lump sum.

Common settlement options that address future problems

• Include a reserved-right clause that specifically preserves the right to seek compensation later for conditions that were not reasonably discoverable at the time of settlement.
• Allocate a portion of the settlement for future medical expenses, backed by medical opinion recommending the needed treatment.
• Agree to a reopener provision that allows limited reopening of the settlement if certain catastrophic conditions are later documented.
• Use structured settlements or annuities to provide ongoing payments for anticipated long-term needs.

Obstacles you may face if you try to recover more later

• If you signed a broad release, the defendant will likely argue the case is closed and deny further liability.
• You must prove that the new or worsened symptoms are a direct result of the incident and establish the need and cost of future care. That requires up-to-date medical records and expert testimony.
• Insurance policy limits and available assets may cap additional recovery even if you can reopen a claim.
• Other parties (medical providers, health insurers, or government programs) may have lien or subrogation rights against any recovery; sorting out these liens can reduce your net recovery.

Timing: statutes of limitations and practical deadlines

Rhode Island law sets time limits for filing personal injury lawsuits. Claimants should be aware of the applicable statute of limitations and act timely. For information on the Rhode Island statutes of limitations and other civil rules, see Rhode Island General Laws and the statutes page:

Rhode Island General Laws — Statutes

Because deadlines vary by claim type and facts, consult an attorney promptly to avoid losing legal rights.

How an attorney helps

A Rhode Island personal injury lawyer can:

• Assess prognosis and document future medical needs through medical experts;
• Negotiate settlement language that preserves rights for later-developing injuries or secures funds for future care;
• Identify and resolve lien or subrogation issues (private insurers, workers’ compensation, or government programs);
• Advise whether to accept a lump sum, structured settlement, or reserved-right agreement based on your prognosis;
• File suit, if needed, before the statute of limitations runs.

Helpful Hints

• Do not sign a full and final release until you (and your treating providers) understand your likely recovery and long-term needs.
• Keep a symptom diary. Note dates, severity, medical visits, and how symptoms affect work and daily life.
• Ask for neuropsychological testing if cognitive issues are present. Objective testing supports claims for future care and disability.
• Request written offers from insurers and save all communications. Verbal promises are hard to enforce.
• If you must settle early, try to negotiate a reopener clause or set aside money for future medical care verified by medical experts.
• Contact a Rhode Island attorney early—waiting until after settlement can eliminate options.