Detailed Answer
Short answer: If you settle a personal injury claim in Louisiana and sign a full release, you generally give up the right to get more money later even if concussion symptoms worsen. To protect yourself, you can negotiate settlements that reserve future claims, set aside funds for future medical care, or use structured payments that pay for long‑term treatment. Always document symptoms and treatment, and talk to an attorney before signing anything.
How settlements and releases usually work
A personal injury settlement is a contract in which the injured person and the payer (an insurer or defendant) agree to resolve a claim for a stated sum. Most standard settlements include a release that says the injured person will not bring further claims for the same incident. Once you sign a full release and accept payment, courts and insurers treat the matter as resolved.
That means if your concussion symptoms worsen after you sign a full and unconditional release, you ordinarily cannot ask the same defendant or insurer for more money unless one of the following limited exceptions applies:
- There was fraud, misrepresentation, or concealment by the other side about the injury or its likely course.
- You lacked legal capacity when you signed (for example, you were a minor or legally incapacitated) and proper procedures for approval were not followed.
- The parties expressly preserved your right to future claims in the written agreement.
- A court later sets aside the agreement for narrow legal reasons (rare).
Because these exceptions are narrow, the safest assumption is that a full release closes off the claim.
Specific concerns with concussions and long‑term care
Concussions (mild traumatic brain injuries) can have delayed or progressive symptoms: headaches, cognitive problems, dizziness, sleep disturbance, mood changes, and other issues that may not be fully apparent for weeks or months. When you settle too early, you may underestimate future medical costs, future lost earnings, or the need for ongoing therapy and care.
Because of this uncertainty, plaintiffs and their attorneys commonly use approaches that protect against worsening symptoms after settlement:
- Reserve for future medical care: The settlement allocates part of the recovery to future treatment. The release identifies what is covered and what remains reserved.
- Structured settlement or periodic payments: Instead of one lump sum, payments are scheduled over time to ensure funds are available for later care.
- Open‑ended medical expense provision: The agreement pays future reasonable and necessary medical treatment related to the injury (often with objective standards and dispute procedures).
- Partial release: You release some claims (past medical bills, past pain and suffering) but explicitly keep claims for future medical expenses or future lost earnings.
- Settlement holdback: Keep a portion of the settlement in escrow to be disbursed if and when additional medical needs arise.
These choices let you resolve immediate liability while preserving a remedy if your condition worsens.
Special situations to watch for under Louisiana practice
- Minor or incapacitated claimants: Louisiana law and courts place special controls on settling claims for minors or persons lacking capacity. Court approval or a tutor/curator procedure may be required before a settlement is final. Handle such cases carefully to avoid voidable releases.
- Health coverage liens and subrogation: If Medicare, Medicaid, private insurers, or health plans paid for treatment, they may assert liens or subrogation against your settlement. You will need to resolve those claims, and the net amount available for future care can be smaller than you expect.
- Workers’ compensation or other systems: If the injury involves workers’ compensation, social security disability, or specialized statutory remedies, different rules can affect settlement and future medical coverage.
Practical steps to protect yourself
- Do not rush to sign a release while you are still getting medical care or while symptoms are unstable.
- Get thorough medical documentation and multiple opinions if symptoms persist or worsen.
- Ask the insurer or defendant to include a future‑care reservation, a medical‑expenses fund, or structured payments in the release.
- Where possible, negotiate objective criteria in the agreement for when reserved funds will be available (for example, written verification from a treating neurologist).
- Address liens and subrogation before you accept payment so funds for future care are not unexpectedly reduced.
- Talk to an attorney experienced in Louisiana personal injury cases before signing any settlement or release.
When you may be able to reopen a settled claim
Reopening a fully released personal injury claim in Louisiana is difficult. Courts will sometimes unwind a settlement if there was fraud, gross misrepresentation, or if the claimant did not have capacity. If such rare circumstances exist, discuss them immediately with a lawyer because strict deadlines and procedural rules apply.
Where to find Louisiana law and resources
For the authoritative text of Louisiana statutes and civil code provisions, visit the Louisiana Legislature’s official site: https://www.legis.la.gov/. For information about medical and public‑benefit liens (Medicare/Medicaid), check the applicable federal and state agency guidance and discuss these issues with counsel before settling.