What to Expect If Your Concussion Gets Worse and You Need Long‑Term Treatment

Short answer: In New Jersey, if your concussion symptoms worsen and you need long‑term care after you settle a personal injury claim, the settlement terms almost always determine whether you can recover more money later. Carefully documenting your injuries, obtaining medical opinions about future care, and preserving your rights in the release language are the three most important steps to protect yourself.

Detailed Answer — How worsening concussion symptoms affect a New Jersey personal injury settlement

This section explains the practical legal issues a person should understand when concussive or post‑concussive symptoms persist or get worse after an accident in New Jersey.

1. Settlements typically resolve past and future claims unless you expressly reserve rights

When you accept a settlement from a defendant or an insurer in a personal injury case, you usually sign a release. A broad release commonly says you give up all claims “past, present, and future” arising from the accident. If you sign that kind of release and later develop worsening symptoms, you usually cannot reopen the same claim and recover additional compensation.

Ways to protect yourself before settling:

• Ask for payment or an agreed amount set aside for future medical treatment for your head injury and related conditions.
• Request a limited release that preserves the right to reopen the case for newly discovered conditions or materially worsening conditions (sometimes called a reservation of rights for future care).
• Use a structured settlement, medical lien, or escrow to fund future care rather than a one‑time lump sum that releases future claims.

2. Future medical damages and disability must be estimated and documented before settlement

Insurance companies and defendants base settlement offers on the current medical record, doctors’ opinions about prognosis, and cost estimates for ongoing treatment. If your treating physicians can provide clear reports about likely future care, costs, and the expected course of recovery, you stand a better chance of obtaining compensation for long‑term treatment in the settlement.

Common types of future damages that may be included:

• Projected medical bills (special damages) for therapy, medications, imaging, and specialist care.
• Costs of assistive services or home modifications if cognitive or physical deficits are permanent.
• Lost earnings and loss of future earning capacity if the concussion causes cognitive or vocational impairment.
• Non‑economic damages (pain and suffering) for long‑term cognitive or emotional effects.

3. If you settled without preserving future claims, reopening the claim is difficult

New Jersey courts generally enforce clear settlement agreements and releases. If your signed release covered future claims, you will face a high bar to undo it. You might only be able to challenge a release in narrow situations such as fraud, mutual mistake, duress, or if the release was entered under a legal incapacity—but these are exceptional and fact‑specific issues.

4. Statute of limitations still applies to new claims

For most New Jersey personal injury claims, the statute of limitations is two years from the date of injury. That rule affects the timing of a lawsuit if you have not settled. The statute itself is found in the New Jersey Revised Statutes: N.J.S.A. 2A:14‑2 (link to statute).

Important point: a settlement that fully releases future claims can remove your right to sue later even if the limitations period has not run. Conversely, if you delay suing while waiting for symptoms to develop, you must watch the statute of limitations so you do not lose your right to file.

5. If the defendant is uninsured or underinsured, other coverage options may matter

If the injury arose from a car crash, your own uninsured/underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) may provide recovery channels. New Jersey auto cases have special insurance rules and thresholds; consult your policy and an attorney to see how those rules interact with future treatment needs.

6. Practical steps to protect your ability to pay for long‑term concussion care

1. Continue to seek medical care and keep thorough records: visit neurologists, neuropsychologists, and therapists as recommended; get objective testing (neuropsychological testing, imaging) when appropriate.
2. Ask treating providers to prepare written prognoses and cost estimates for future care.
3. Do not sign a full release without confirming it covers expected future care or that you have adequate compensation for such care.
4. Negotiate specific language in the release that either (a) allocates funds for future treatment, (b) preserves the right to reopen the claim for materially worse conditions, or (c) structures payments over time.
5. Keep copies of all medical bills, invoices, and communications with insurers.

Helpful Hints

• Do not accept the first settlement offer. Insurers often undervalue long‑term risks of brain injury.
• Early documentation helps. The more early, objective testing you have, the better you can document a link between the accident and later decline.
• Consider independent medical examinations (IMEs) or a second opinion about prognosis and recommended long‑term care.
• Ask for a medical set‑aside or a structured settlement if you need ongoing payments for future care.
• If you’re unsure about release language, have an attorney review it before you sign. Even small wording changes can preserve important rights.
• If you settled and symptoms worsen after signing, consult an attorney immediately to review the release and discuss limited options—time is often critical.

How an attorney can help

An attorney experienced in New Jersey personal injury cases can:

• Review medical records and get expert opinions about long‑term prognosis.
• Estimate future treatment needs and costs for negotiation or settlement valuation.
• Negotiate releases that protect your ability to obtain money for future care (reservation language, structured settlements, set‑asides).
• Evaluate whether your settlement can be challenged based on fraud, mistake, or incapacity if applicable.

Key takeaway: If you expect the possibility of worsening concussion symptoms, plan for future care before you sign a release. Preserve rights in writing or obtain compensation that covers anticipated long‑term treatment. If you already settled, talk to a lawyer promptly to understand your options.