Short answer
If your concussion symptoms worsen and you need long‑term treatment, those additional injuries and costs can increase the value of a personal injury claim in Virginia. To protect your ability to recover for new or future losses you should keep getting medical care, document everything, avoid signing a full release until treatment is stable or future care is preserved, and talk with a Virginia personal injury attorney as soon as possible. This is general information and not legal advice.
Detailed answer — how worsening concussion symptoms affect a Virginia personal injury settlement
1) Medical documentation and causation
Insurance companies and courts base settlements and awards on medical records and expert proof showing that the concussion and later symptoms were caused by the accident. If symptoms worsen, make sure your treating clinicians:
- note objective findings (neurological exams, imaging, neuropsychological testing);
- record onset, course, and link the symptoms to the accident; and
- recommend specific future care (therapy, medication, cognitive rehab, home care) with estimated costs.
Without clear, contemporaneous medical records tying the worsening condition to the crash, it will be harder to get compensation for new or future treatment.
2) Types of damages that can increase
Worsening concussion symptoms can increase several damage elements in your claim:
- Past and future medical expenses (current treatment plus projected long‑term costs).
- Lost income, lost earning capacity, and vocational rehabilitation if cognitive deficits affect work.
- Pain and suffering and loss of enjoyment of life (non‑economic damages).
- Costs of home modification or personal assistance if disability increases.
3) Timing: settle now or wait?
Settling before your condition stabilizes can permanently limit recovery for future worsening. A full release typically bars later claims for the same accident. Options to protect future rights include:
- Delaying settlement until your prognosis is clearer.
- Settling only for past medicals and lost wages while preserving the right to claim future care.
- Using a structured settlement or reserving a portion of the settlement for future care.
Discuss these options with counsel. If you already signed a broad release, reopening the claim later will be difficult unless you can show fraud, mistake, or similar limited grounds recognized by Virginia law.
4) Calculating future care
To convince an insurer or jury to pay for long‑term treatment you will usually need:
- medical opinions estimating future treatment and cost;
- a life care plan prepared by clinicians or rehabilitation experts for severe or complex cases; and
- evidence of how injuries affect employment (vocational experts if needed).
5) Health insurer, Medicare, and lien issues
Third‑party payors can assert subrogation or reimbursement claims against your settlement. Important points:
- Private health insurers may try to recover amounts they paid under subrogation or contract terms. Review your policy and any assignment or lien letters.
- If you are a Medicare beneficiary, Medicare may have a right to recover conditional payments from a settlement under federal law. You or your attorney must work with Medicare to resolve potential Medicare conditional payment demands before distributing settlement funds. See generally Medicare Secondary Payer rules at the Centers for Medicare & Medicaid Services: https://www.cms.gov/
- Medicaid and other public benefits can also create repayment obligations; state rules vary.
6) Virginia timing rules you should know
Most personal injury claims in Virginia must be filed within two years from the date the cause of action accrues. That rule is codified at Va. Code § 8.01‑243. If you delay care or settlement and later reach the two‑year mark without filing, you could lose the right to sue. See the statute here: https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/
7) What happens if you already settled and symptoms later worsen?
A typical release resolves all claims related to the accident. After you sign a comprehensive release and accept payment, reopening the claim for later worsening is difficult. You can challenge a release in limited circumstances such as fraud or mutual mistake, but those are narrow remedies and fact‑specific under Virginia law. Before signing, negotiate protections for future care.
8) Practical steps to protect your claim
- Get ongoing medical care and follow all treatment recommendations.
- Keep detailed records: appointments, symptoms, medications, daily limitations, and how symptoms affect work and life.
- Obtain specialist and, if appropriate, neuropsychological evaluations showing how the concussion impacts functioning.
- Notify your attorney and insurer of any material changes in condition.
- Before settling, have an attorney review release language and explore reserve/structured settlement options.
9) When to talk to an attorney
Talk with a Virginia personal injury attorney as soon as symptoms worsen. An attorney can:
- coordinate evidence collection and expert opinions;
- negotiate with insurers about reserving future care;
- identify and handle potential liens or subrogation claims; and
- protect your right to sue before Virginia’s statute of limitations runs.
Reminder: This article explains general Virginia law topics and typical claims processes. It is not legal advice. For advice tailored to your situation, consult a licensed Virginia attorney.
Helpful Hints
- Keep every medical bill and record — insurers rely heavily on documentation.
- Take dated photos after the accident and keep a daily symptoms journal describing memory problems, headaches, mood changes, sleep issues, and concentration difficulties.
- Ask treating doctors to state in writing whether each new or worsening symptom is related to the original injury.
- Do not sign any broad release or final settlement without letting an attorney review it.
- If you receive a settlement offer, compare it to projected lifetime medical costs and earning capacity before deciding.
- Address Medicare conditional payment issues early if you are a Medicare beneficiary — unresolved conditional payment demands can reduce your recovery later.
- Act before the two‑year statute of limitations expires (Va. Code § 8.01‑243): filing preserves your rights even while you continue treatment.
For a consultation about your case and how to protect future care needs, speak with a licensed Virginia personal injury attorney.