What to know if concussion symptoms worsen and you need long‑term care
Disclaimer: This article is for general informational purposes only. It is not legal advice. Consult a licensed Nevada attorney before making decisions about a settlement or signing any release.
Detailed Answer
If you suffer a concussion in Nevada and your symptoms worsen or require long‑term treatment, that fact can materially affect the value of your personal injury claim and any settlement you obtain. In plain language, damages in a Nevada personal injury case typically include:
- Past medical expenses (what you already paid or owe).
- Future medical expenses (anticipated cost of ongoing care related to the injury).
- Past and future lost wages or loss of earning capacity.
- Pain and suffering, emotional distress, and loss of enjoyment of life.
Because a concussion can produce chronic symptoms—cognitive problems, headaches, balance issues, mood changes, or post‑concussive syndrome—evidence that your condition will require long‑term care increases the claim for future medical expenses and non‑economic damages. Insurers and opposing parties will look for objective and expert support for any claim of ongoing or future needs, so documentation and expert testimony matter.
How long‑term treatment affects settlement value
Key ways long‑term symptoms affect settlement:
- Higher medical damages: A life‑care plan or medical expert estimate showing future therapy, neurology visits, medications, or assistive services increases the monetary demand.
- Higher non‑economic damages: Ongoing cognitive deficits or mood changes often justify larger awards for pain, suffering, and loss of life quality.
- Lost earnings and vocational impact: If the concussion reduces work capacity or requires retraining, an economist or vocational expert will quantify future lost earnings.
- Settlement timing: If you settle too early—before symptoms fully present or before future needs are known—you risk receiving less than you need for future care. Conversely, waiting to settle allows for a clearer medical picture but delays recovery of funds.
Practical legal consequences of settling early
Most personal‑injury settlements in Nevada involve signing a release that resolves current and future claims arising from the incident. A broad, general release usually prevents you from later reopening the claim if symptoms worsen. That means:
- If you accept a full release without reserving future claims, you typically cannot recover additional money later for the same injury.
- Parties sometimes negotiate arrangements to address uncertain future needs—examples include structured settlements, partial lump sums with future payments, or explicitly reserving the right to reopen certain claims—but those require careful drafting and are not always available.
Evidence and experts you will likely need
To prove future care needs and support higher damages you should collect and present:
- Comprehensive medical records from emergency care, primary providers, neurologists, neuropsychologists, and therapists.
- Neuropsychological testing, objective cognitive testing, and documented functional limitations.
- A life‑care plan or future medical cost estimate from a qualified medical professional or nurse life‑care planner.
- Vocational and economic experts if you claim lost earning capacity.
Timing and Nevada deadlines
Do not lose the right to sue by waiting too long. Nevada’s general statute of limitations for personal injuries is specified in the Nevada Revised Statutes. You should be aware of filing deadlines and exceptions that can affect your claim. See Nevada’s statute of limitations for personal actions: NRS 11.190. Missing the deadline can bar future recovery, so consult an attorney promptly.
Comparative fault and other reductions
Nevada reduces an award if the injured person is partially at fault. That means if the other side shows you shared responsibility for the incident, any recovery for past and future damages may be reduced proportionately. For law on apportionment of fault, see Nevada’s comparative‑fault provisions: NRS 41.141.
Practical settlement options to protect future needs
Options to address uncertain future concussion care include:
- Delaying settlement until your prognosis is clearer.
- Negotiating a structured settlement that pays out over time for future care.
- Keeping medical liens and third‑party reimbursements in mind—if insurers or health programs paid for care they may have subrogation or reimbursement rights.
- Including a narrowly tailored limited release that keeps future claims open for newly discovered injuries (less common and negotiable).
Why an attorney helps
A Nevada personal injury attorney can:
- Investigate liability and preserve evidence.
- Coordinate medical experts and life‑care planners to quantify future needs.
- Negotiate settlement language that protects you from losing rights to future care funds.
- Advise about liens, Medicare/Medicaid issues, and other potential offsets against any recovery.
Hypothetical illustration
Example: You are in a minor car crash in Nevada. Initially you have brief unconsciousness, are treated and released, and sign documents settling minor claims. Months later you develop persistent headaches, cognitive fog, and lose work. If you previously signed a broad release, you likely cannot reopen the case. If you did not settle or you negotiated a settlement that reserved future claims or included funds for future care, you may be able to obtain additional recovery. The difference often hinges on documentation, expert opinions, and how the settlement/release was written.
Helpful Hints
- Get medical care right away and follow up—early and consistent records are critical.
- Keep a daily symptom diary (cognitive issues, headaches, mood changes, activity limits).
- Photograph injuries, accident scene, and keep witness contact info.
- Do not sign any full release or final settlement without discussing future symptom risk with an attorney.
- If symptoms emerge later, seek timely specialist evaluation (neurology, neuropsychology).
- Ask about a life‑care plan to document future medical costs and therapies.
- Preserve employment and wage records to support lost‑earnings claims.
- Contact a Nevada personal injury attorney early to understand deadlines and strategy.