Short answer: If your concussion symptoms worsen and you require long-term treatment, that can and should affect the value and structure of any personal injury settlement. Whether it actually changes a settlement depends on timing (before or after you sign a release), the evidence you present about future needs, and any legal protections or liens that apply. This article explains how Minnesota law treats future medical needs, what to document, and options to protect yourself.

Detailed answer — how worsening concussion symptoms affect settlement value and options

1. Settling before worsening symptoms are known

If you settle a claim before your concussion symptoms fully declare or before a doctor documents long-term care needs, a typical full release will usually bar later claims for additional damages that arise from the same incident. That means if you later develop new symptoms or need expensive long-term treatment, you generally cannot reopen the settled claim unless the settlement agreement specifically allows it.

Because concussion symptoms can evolve over days, weeks or months, insurers, defense lawyers and plaintiffs’ attorneys often anticipate possible delayed effects. To account for that risk, a claimant should try to:

• Delay a final settlement until symptoms stabilize or until medical experts can reasonably project long-term needs; or
• Include explicitly negotiated provisions in the settlement that protect against later-developing conditions—examples: future medical expense set-asides, structured settlements, or a re-opener clause for significant worsening tied to objective medical findings.

2. Settling after worsening symptoms are documented

If you wait until doctors have documented long-term problems and treatment needs, you can present past medical bills, future care projections, functional testing, neuropsychological evaluations, and expert testimony (e.g., neurologists, life-care planners, vocational experts). Those materials support a higher settlement demand or jury award to cover both past and reasonably certain future medical expenses, lost income, reduced earning capacity, and non-economic damages (pain, suffering, loss of enjoyment of life).

3. How Minnesota law treats future damages and apportionment

Minnesota law allows recovery for both past medical expenses and reasonably certain future medical expenses tied to the injury. To recover future damages you generally need credible medical opinion and an economic analysis that links the anticipated future care to the accident.

Minnesota also allows apportionment among responsible parties and permits comparative fault reductions if the injured person is partly at fault. See Minnesota law on contribution and apportionment for tortfeasors: Minn. Stat. § 604.01.

4. If you already signed a full release

Most full releases extinguish future claims arising out of the same incident. After signing a broad release, you typically cannot reopen the settled claim simply because symptoms worsen, unless the release contained language reserving future claims or allowing re-opening under specified circumstances. If a settlement included explicit carve-outs for future medical care, the agreement will govern the parties’ obligations.

5. Options to protect yourself when negotiating a settlement

• Request a structured settlement or periodic payments to cover predictable long-term care costs.
• Negotiate a lump-sum set-aside identified and held to cover future medical expenses related to the concussion.
• Include a re-opener clause that permits a new claim if objective medical evidence shows a significant worsening directly caused by the accident.
• Reserve your rights—but only if the insurer or defendant agrees. A reservation must be explicit in the agreement.

6. Medicare, Medical Assistance (Medicaid) and lien recovery

If you receive Medicare or Minnesota Medical Assistance benefits for treatment related to the injury, those programs may have recovery/subrogation rights or liens against your settlement. Federal Medicare Secondary Payer rules and Minnesota statutes require resolving those liens or repayment obligations when you obtain a settlement. Resolving these liens correctly is important because failing to do so can reduce the net recovery you receive for future treatment.

7. Timing and statute of limitations

If you do not settle, you must be mindful of Minnesota’s time limits for filing lawsuits. If you delay settlement to let symptoms declare, make sure any continuing delay does not jeopardize your right to sue. For guidance on applicable filing deadlines and how delays interact with tolling rules, you will want to consult an attorney. For Minnesota limitations law, see: Minn. Stat. § 541.07 (statute of limitations provisions) and related sections.

8. Practical effect on settlement value

Long-term treatment needs increase settlement value because they increase future medical expense estimates, may lower future earning capacity, and raise non-economic damages. Insurers will weigh the medical evidence, prognosis uncertainty, and the strength of legal liability when offering a settlement. A clear, well-documented medical record and reliable expert projections can substantially improve a settlement result.

Helpful hints — practical steps to protect your recovery

• Get prompt, consistent medical care and keep detailed records of all visits, tests, medications, therapies, and functional limits.
• Ask your treating doctor to explain the prognosis in writing and, if appropriate, to prepare a life-care plan outlining likely future needs and costs.
• Preserve evidence from the accident, witness information, employer statements about lost time, and records of how symptoms limit daily activities.
• Do not sign a full release or accept a settlement offer without discussing future symptom risk and possible protections with a lawyer.
• If a settlement is necessary before prognosis is clear, negotiate for set-asides, structured payments, or a re-opener clause tied to objective medical findings.
• Ask about liens and subrogation by Medicare or Minnesota Medical Assistance early so you know the likely net recovery after repayment obligations.
• Consider obtaining both medical and economic expert opinions to quantify long-term care and lost earning capacity.
• Keep track of deadlines: if you want to preserve the option to sue later, know the statute of limitations that applies to your claim.

When to talk to an attorney

If your concussion symptoms worsen or you think you may need long-term care, talk to a personal injury attorney experienced with brain injuries and settlements. An attorney can help you evaluate settlement options, negotiate protections for future care, resolve liens, and, if needed, prepare to prove future damages at trial.