What happens if my concussion worsens and I need long-term treatment — will that affect my personal injury settlement?

Short answer: Yes. If concussion symptoms worsen and you require long-term care, that typically increases the value of a personal injury claim. Insurers and courts consider past and future medical costs, lost earnings, diminished quality of life, and other damages when resolving a claim. Proper documentation, medical opinions, and timing are critical to securing compensation that covers ongoing needs.

Disclaimer

This is educational information only and not legal advice. I am not a lawyer. If you have a concussion or believe you have a legal claim, contact a licensed North Dakota attorney for advice about your situation.

Detailed answer — how worsening concussion symptoms affect a settlement under North Dakota law

This section explains the main ways worsening symptoms and long-term treatment change case value, how those items are proven, and practical steps to protect your claim.

How damages change when a concussion worsens

• Past medical expenses: Bills you already paid or that have been billed are compensable. These are documented by medical records, invoices, and payment or billing statements.
• Future medical expenses: If doctors expect continued care — such as ongoing clinic visits, medication, therapy, neuropsychological testing, or assistive care — the projected cost of that care is part of your claim. Insurers and juries consider reasonable, necessary, and causally related future costs when valuing a case.
• Lost income and earning capacity: Worsening symptoms can lead to additional missed work or permanent reduced ability to earn. Both actual lost wages and projected future earnings losses may be recoverable.
• Pain, suffering, and loss of enjoyment of life: Long-term cognitive, emotional, or physical effects of a concussion increase non-economic damages. These are subjective but important components of settlement value.

How claimants prove future care and worsening symptoms

Insurance companies and courts rely on evidence. Typical proof includes:

• Complete medical records showing diagnosis, treatment history, and documented worsening.
• Treating physicians’ written opinions about prognosis and recommended future care.
• Cost estimates or life-care plans prepared by medical providers or qualified consultants describing anticipated treatments and costs.
• Objective testing results (imaging, neuropsychological testing, vestibular testing) that support ongoing impairment.
• Work records and employer statements about time missed and any work restrictions.

Insurance company tactics and defenses to expect

• Arguing pre-existing conditions: Insurers often claim symptoms were caused by a prior condition, not the accident. Clear medical timelines and provider statements tying the worsening to the incident help combat that.
• Disputing the need for future care: They may demand second opinions or challenge cost estimates. Independent medical examinations (IMEs) or court testimony from treating providers may be required.
• Comparative fault: North Dakota law allows a reduction of recovery to reflect a claimant’s percentage of fault. That can reduce the settlement amount if the insurer or defendant claims you contributed to the accident.

Practical consequences for settlement negotiations and trial

• Settlements are often higher when reliable proof shows long-term needs. Don’t settle early for a low lump-sum if your symptoms are still evolving.
• Insurers may make initial low offers; thorough documentation and credible medical testimony are the best way to increase an offer.
• Parties sometimes use structured settlements or periodic payments to address large expected future costs. These options can ensure funds for ongoing care but require legal advice and negotiation.
• If you accept a full release and sign away future claims, you generally cannot pursue additional compensation later for new or worsened symptoms. Consider reserving future claims or negotiating a higher settlement that accounts for possible deterioration.

Special considerations: liens and government benefits

• Health insurers and subrogation: Private insurers, Medicare, or Medicaid may have a right to repayment from any settlement for medical costs they paid. You must account for potential liens when evaluating a settlement.
• Medicare: If Medicare paid treatment, federal rules require repayment of conditional payments from any settlement. See Medicare Secondary Payer information: CMS — Medicare Secondary Payer.
• North Dakota Medicaid and state recovery: Medicaid may seek recovery of medical costs from settlements; consult the ND Department of Human Services about Medicaid liens: ND Department of Human Services — Medicaid.

Statutes and where to look in North Dakota law

Key North Dakota legal resources for civil claims and damages are in the North Dakota Century Code. To review North Dakota’s civil actions provisions and related statutes, use the official code site: North Dakota Century Code. For questions about time limits, comparative fault, or remedies, consult the relevant chapters and speak with an attorney.

What you should do now — concrete steps

1. Keep seeking medical care and follow your treatment plan. Ongoing treatment preserves evidence of worsening symptoms and need for future care.
2. Document everything: symptoms, medical visits, prescriptions, therapy sessions, out-of-pocket costs, and how symptoms affect daily life and work.
3. Get written opinions from your treating providers about prognosis and anticipated future treatment and costs.
4. Notify insurers promptly and keep copies of all communications. Avoid giving recorded statements or signing releases without legal advice.
5. Ask about liens or subrogation from health insurers, Medicare, or Medicaid so you know how those will affect net recovery.
6. Talk to a North Dakota personal injury attorney before accepting a settlement. An attorney can evaluate future-care needs, negotiate with insurers, and explain options like structured settlements.

Helpful hints

• Do not rush to settle while symptoms are changing. If you settle too early, you may waive rights to compensation for future care.
• Use plain, dated notes to describe symptom changes and how they affect daily activities; these notes often help providers understand your condition over time.
• Request written cost estimates for recommended therapies or long-term supports to present to the insurer.
• Keep copies of all medical bills and receipts—even small out-of-pocket costs add up and support your claim.
• Find a lawyer experienced in North Dakota personal injury matters. The State Bar of North Dakota can help you locate attorneys: State Bar of North Dakota.
• If federal benefits (like Medicare) are involved, ask about conditional payments early to avoid surprises when a settlement is reached.

When to consult an attorney

Contact an attorney if your concussion symptoms are ongoing or worsening, if the insurer disputes the need for future care, if liens are asserted by Medicaid/insurers, or before you sign any settlement release. An attorney can help quantify future damages, negotiate periodic payments if appropriate, and protect your right to compensation for future treatment.

Remember: this article provides general information about how worsening concussion symptoms can affect a personal injury settlement in North Dakota. It does not replace individualized legal advice. For questions about deadlines, the value of your claim, or specific ND statutory provisions that apply to your case, consult a licensed North Dakota attorney.