What happens if my concussion symptoms worsen and I need long-term treatment — will that affect my personal injury settlement?

Short answer: In South Carolina, whether worsening concussion symptoms and related long-term treatment affect your ability to recover more money depends primarily on the language of any settlement or release you sign. If you sign a full release that covers all past and future claims, you generally cannot seek additional compensation later. If you or your lawyer reserve future medical claims or negotiate structured payments for future care, you may preserve recovery for later treatment.

Detailed Answer

1. How settlements usually work

A settlement is a contract. Most settlements in personal injury cases end the dispute by having the injured person (the claimant) accept money in exchange for signing a release that cancels the other party’s further liability. Releases can be narrow (limited to specific injuries or periods) or broad (covering all claims arising from the accident, past and future).

2. Full releases vs. reserved claims

– Full release: If you sign a full, general release that covers “all claims arising out of the accident,” you typically give up the right to pursue additional damages later even if your concussion-related symptoms worsen. Courts generally enforce clear release language.
– Reservation of future claims: The parties can agree that the settlement covers only past medical expenses and pain-and-suffering up to the date of the agreement while reserving future treatment claims. That reservation must be written into the settlement agreement.

3. Future medical expenses and structured settlements

If you expect ongoing care for a concussion (rehab, cognitive therapy, medications, assistive devices), you have options:

• Negotiate a lump-sum that includes an amount estimated for future care.
• Arrange a structured settlement that pays for future medical costs over time.
• Reserve future medical claims in writing so you can go back later for additional damages if your condition worsens.

4. Why accurate medical documentation matters

Insurance companies and courts rely on objective medical records and expert opinions to value future care. Early and consistent documentation of concussion symptoms, diagnostic tests, treatment plans, and functional limitations improves your ability to prove the need for long-term care. An independent evaluation (neurologist, neuropsychologist, or brain injury specialist) can provide reliable estimates of future treatment and costs.

5. Medicare, Medicaid and lien/subrogation issues

If you have Medicare or South Carolina Medicaid, the agency may have a right to recover medical payments it made related to the injury from any settlement or judgment. Federal Medicare recovery rules also require conditional payment reimbursement in some cases. Be sure to identify and address lien and subrogation issues before settling. For federal Medicare recovery info, see CMS: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Recovery. For state Medicaid questions, contact the South Carolina Department of Health and Human Services: https://www.scdhhs.gov/.

6. Statute of limitations — timing matters

South Carolina requires injured plaintiffs to bring most personal injury lawsuits within a statutory period. For many personal injury claims the deadline is set by statute. See South Carolina Code of Laws, Title 15, Chapter 3, Section 15-3-530 for the time limits applicable to actions for injuries to the person: https://www.scstatehouse.gov/code/t15c003.php?link=15-3-530. Missing the deadline can bar recovery, so act promptly.

7. What if you already signed a release and symptoms worsen?

If you signed a general release, you may have limited options. Possible exceptions are narrow and fact-specific, and include:

• Fraud or misrepresentation by the defendant about the severity or cause of your injuries.
• A release that was ambiguous or did not clearly include future claims.
• Newly discovered facts that were intentionally concealed.

These exceptions are difficult to prove and require legal review.

8. Practical steps to protect yourself before settling

Before you accept any settlement, especially for a concussion, consider these steps:

• Get complete medical evaluations and objective testing (neuropsychological testing, imaging, functional assessments).
• Request an estimate of future care costs in writing from treating specialists.
• Discuss whether to reserve future medical claims or use a structured settlement with an experienced personal injury attorney.
• Identify any potential Medicaid or Medicare liens and how they will be handled.
• Avoid signing a final release until you have reached maximum medical improvement or understand the future medical prognosis.

9. When to involve an attorney

If you have a concussion with the potential for long-term effects, consult a South Carolina personal injury attorney before signing a release. An attorney can:

• Interpret release language and negotiate reservations for future damages.
• Estimate future medical costs with experts.
• Handle lien negotiations with insurers, Medicare, or Medicaid.
• Preserve your right to sue if the settlement does not fairly compensate future needs.

Helpful Hints

• Do not sign a general release until you understand whether it covers future medical care.
• Document all concussion symptoms, treatments, and functional limitations in detail and keep copies of medical records.
• Obtain neuropsychological testing early to establish baseline and to support future care claims.
• Ask for a written cost estimate for future treatment from treating specialists.
• Consider structured settlements if future medical needs are likely and costly.
• Check for Medicare/Medicaid liens and address them in the settlement so you don’t face surprise reimbursement claims later.
• Talk with a South Carolina personal injury attorney before accepting any settlement, signing releases, or negotiating with insurers.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and facts matter; consult a licensed South Carolina attorney about your specific situation.