What to expect when concussion symptoms worsen and long-term care is needed
Short answer: If symptoms develop or worsen after an injury, your ability to recover more in a personal injury settlement depends on timely medical documentation, the settlement language, and whether you preserve claims for future care. If you accept a full release too early, you will usually be unable to get more money later.
Detailed answer — how worsening symptoms and long-term treatment affect a claim under Indiana law
Personal injury settlements compensate for the full impact of an injury: past and reasonably certain future medical expenses, lost earnings, loss of earning capacity, and non‑economic losses such as pain and suffering. When a concussion (mild traumatic brain injury) continues or worsens over time, those potential future losses can be significant. To protect your claim under Indiana law you need to:
- Document the progression and treatment of your condition. Ongoing medical records, test results (imaging, neuropsychological testing), therapy notes, and objective findings from doctors are the core evidence an insurer or court uses to evaluate future care needs.
- Quantify future needs. Doctors and medical planners can estimate the likely duration and cost of future care (therapy, medication, assistive services, home modifications). Those estimates let a settlement or jury award include a present‑value amount for future medical expenses.
- Understand the effect of a release. A typical full settlement includes a release that ends all claims arising from the injury. If you sign a broad release before you know the full extent of your concussion, you usually give up the right to pursue additional compensation later—even if your symptoms worsen.
- Negotiate protections for future worsening. If symptoms might worsen or long‑term care is uncertain, there are several settlement tools: a reserved claim for future treatment, a holdback or escrow (keeping part of the funds available if new needs develop), structured periodic payments for future medicals, or language that preserves a cause of action for a specified condition. These must be negotiated and clearly written into the settlement.
- Watch filing deadlines. Indiana generally requires personal injury lawsuits to be filed within two years of the injury. See Indiana Code Title 34 for personal action limits (Ind. Code § 34‑11‑2‑4). If you wait to file until you know the full extent of your condition, the two‑year deadline can bar a lawsuit later unless you timely toll or otherwise protect your claim. For the statutes, see: Indiana Code Title 34 (Civil Actions).
- Be aware of third‑party payors and liens. Health insurers, Medicare, or Medicaid may have subrogation or reimbursement rights for medical bills paid on your behalf. Settlement proceeds may need to satisfy those obligations. Discuss potential liens before agreeing to a settlement.
- Consult an attorney before signing anything. A settlement offer that seems fair today can be inadequate if your concussion later requires long‑term treatment. An attorney can draft release language or propose holdbacks that preserve compensation for future needs.
Hypothetical example: You have a car crash and initially have headaches and brief memory problems. You accept a quick settlement based on short‑term treatment records. Months later cognitive decline and balance problems require ongoing therapy and in‑home support. If your earlier settlement included a full release of claims, you will likely be unable to recover additional money for the new care. If instead you had preserved a portion of the claim or negotiated future medical payments, funds would remain available to cover the new care.
Bottom line: Worsening concussion symptoms can increase the value of a case because of future medical costs and ongoing wage losses, but you must plan and document carefully. Settling too soon without protections usually prevents recovery for later‑manifesting injuries.
Helpful hints — practical steps to protect your claim
- Seek immediate and ongoing medical care; keep copies of all records and bills.
- Ask treating clinicians for written prognosis and specific recommendations for future care.
- Obtain neuropsychological testing or a formal brain‑injury evaluation to document deficits objectively.
- Do not sign a full release until you understand the likely long‑term needs and reimbursement obligations.
- Discuss holdbacks, structured settlements, or re‑opener clauses with your attorney if the full scope of injury is uncertain.
- Preserve evidence (photos, witness statements, incident reports) and limit social media posts about your activities or recovery.
- Know the deadline to sue — Indiana’s personal injury limitations (see Indiana Code Title 34) — and take steps to protect your rights before that period expires.
- Inform insurers and counsel about any government health benefits (Medicare/Medicaid) so potential repayments can be identified and resolved.