What Happens if My Concussion Worsens and I Need Long-Term Treatment?

This FAQ explains how worsening concussion symptoms and the need for long-term care can affect a personal injury claim or settlement under Maryland law. This is general information only and not legal advice. Consult a Maryland personal injury attorney before signing any release or accepting a settlement.

Short answer

If you haven’t settled yet, worsening concussion symptoms can increase the value of your case because you can claim past and future medical costs, lost earnings, and ongoing pain and suffering. If you already signed a full release and accepted a complete settlement, that release generally prevents you from reopening the case unless the settlement preserved future claims or there was fraud, mistake, or another legal basis to set it aside. Time limits also apply—personal injury claims in Maryland are generally subject to a three-year statute of limitations from the date the injury accrues. See Maryland Code, Courts & Judicial Proceedings § 5-101 for the rules on time limits: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101.

Detailed answer

If you have not yet settled

When your concussion symptoms worsen before a settlement is reached, you should:

• Continue medical treatment and get care from appropriate specialists (neurology, neuropsychology, physical therapy). Ongoing treatment documents severity and cost.
• Keep detailed records of medical bills, prescriptions, therapy, time off work, and any functional limitations (memory problems, headaches, cognitive slowing).
• Ask treating clinicians for a prognosis and written opinion about likely future care and restrictions. Expert testimony often supports claims for future medical expenses and loss of earning capacity.
• Include projected future medical costs and future non‑economic losses (pain and suffering, diminished quality of life) in settlement demands, supported by life‑care plans or expert reports.

In Maryland, courts and insurers expect documentation that links the worsening condition to the accident. Proper medical records and expert opinions help you obtain compensation for future care through a lump-sum settlement, structured settlement, or periodic payments.

If you already settled and signed a general release

A full release generally bars later claims related to the same injury. That means if you accepted a complete settlement and signed a general release (which most settlement agreements require), you normally cannot reopen the same claim later when symptoms worsen. Exceptions are narrow and rare and may include:

• Fraud, duress, or misrepresentation by the other side about the injury or facts.
• A mutual mistake or lack of capacity when the release was signed.
• A specific contractual reservation that preserves future claims (only what the written agreement allows).

Because releases are contracts, their enforceability depends on the agreement’s wording and the circumstances. If you worry about future problems, discuss including future medical expense provisions or structured payments in any settlement before signing.

How future damages are evaluated

To claim future damages for a concussion you must show:

• That the worsening condition is causally connected to the accident.
• What care and costs are reasonably necessary in the future (supported by treating providers or life-care planners).
• How the condition affects your ability to work and daily life (vocational experts can help with lost earning capacity).

Judges and insurers rely on medical records, expert reports, and objective testing (e.g., neuropsychological testing) when valuing future care and non-economic losses.

Timing: statute of limitations and discovery

Maryland generally gives three years to file most personal injury lawsuits. See Maryland Code, Courts & Judicial Proceedings § 5-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101. That period typically runs from the date the injury accrues (often the accident date). If symptoms were delayed or not discoverable at first, other rules may affect timing (for example, discovery-based accrual in some contexts). Missing the deadline can bar your claim, so get legal advice promptly when symptoms worsen.

Other practical legal considerations in Maryland

• Medicare, Medicaid, and private health insurers may assert liens or subrogation interests against your settlement for medical expenses they paid. Addressing these liens is necessary to know your net recovery.
• Maryland’s rules about fault and damages make documentation and expert proof especially important when claiming long-term effects of a brain injury.
• Settlement structures (lump sum vs. periodic payments) affect how future care is funded and your eligibility for public benefits.

What you should do now (step-by-step)

1. Seek immediate medical evaluation and follow-up with specialists experienced in traumatic brain injury.
2. Document everything: symptoms, medical visits, therapy, medications, missed work, and daily limitations.
3. Do not sign any settlement or release until you have a clear medical prognosis and have discussed future damages with counsel.
4. Ask your doctor for written estimates of likely future care and limitations.
5. Contact an experienced Maryland personal injury attorney to evaluate your case, preserve deadlines, and negotiate for future care protection in any settlement.

Helpful Hints

• Keep a symptom diary—dates, severity, triggers, and how symptoms affect daily life.
• Get independent evaluations (neuropsychological testing) if your insurer or the other side questions the severity or permanence of your symptoms.
• If you must settle before your condition stabilizes, try to negotiate a settlement that includes future medical expenses, a structured settlement, or a reservation for later medical claims.
• Ask early about potential Medicare/Medicaid/insurer liens so you know the likely net recovery.
• Do not post detailed medical or legal updates on social media—insurers and defense lawyers use those posts against claimants.
• If you signed a release and your symptoms later worsen, consult a lawyer immediately to review whether any narrow legal remedies might apply. Time is often critical.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Maryland personal injury attorney.