Will worsening concussion symptoms and long‑term treatment change my personal injury settlement?
Short answer: Yes. If concussion symptoms worsen and you require long‑term care, that can increase the value of a personal injury claim because it raises your past and future medical costs, future lost earnings, and damages for pain and suffering. The key to capturing that increase is timely medical documentation, expert opinions (for prognosis and cost of care), and careful settlement timing or reservation of rights. This is general information and not legal advice.
Detailed answer — what changes and why
Imagine a typical scenario: you were in a car collision and received a concussion. Early symptoms were dizziness and headaches that improved with rest. Months later the headaches return, cognitive problems persist, and a neurologist recommends long‑term therapy, neuropsychological testing, and ongoing monitoring. In that situation, the following parts of a personal injury claim can change:
- Past medical expenses: All documented medical costs you already incurred (ER, imaging, doctor visits, medications, therapy) are compensable. Keep bills, itemized statements, and records.
- Future medical expenses: Long‑term care raises the claim value. Future costs include ongoing therapy, medications, durable medical equipment, home modifications, and periodic specialist visits. Attorneys use life‑care plans and expert testimony to estimate the present value of future treatment.
- Lost income and diminished earning capacity: If the concussion leads to time off work, reduced hours, or a need to change jobs, you can claim lost wages and possible future lost earning capacity. Vocational experts are often used when the injury affects long‑term employability.
- Pain and suffering / non‑economic damages: Persistent cognitive problems, personality changes, depression, or chronic headaches increase compensation for non‑economic harms. How much varies with severity, duration, and effect on life activities.
- Permanent impairment or disability: If the concussion causes lasting impairment, that fact increases damages. Objective medical findings and standardized impairment ratings (when available) support such claims.
Insurance companies and defendants will evaluate all these categories when valuing a claim. A claim that initially seemed worth a limited amount can become substantially larger once long‑term needs are documented.
How claim timing and settlement decisions matter
When symptoms can worsen over time, timing is crucial:
- Settling too early: If you accept a full release and lump‑sum settlement before late‑appearing symptoms show up, you generally give up the right to seek more money for new or worsened conditions. Most releases are broad.
- Delaying settlement to evaluate prognosis: Waiting until your medical picture stabilizes makes it easier to quantify future needs. But waiting has tradeoffs: more medical bills accumulate and litigation delays increase. Consider statute of limitations and insurance limits (see Helpful Hints).
- Structured settlements and future care language: A structured settlement or a settlement that includes a specific set‑aside for future medical care or an agreement to reopen for defined conditions can protect you. These require negotiation and clear language.
- Reservation of rights / limited releases: In some cases you can negotiate a partial or limited release that preserves the right to pursue later claims tied to the same injury. That must be created carefully in the settlement document.
What evidence you need if symptoms worsen
Insurance companies and judges rely on objective, well‑documented proof. Helpful evidence includes:
- Contemporaneous medical records from the accident to present: ER reports, imaging (CT/MRI), specialist notes.
- Neuropsychological testing showing cognitive deficits and how they affect function.
- Expert opinions from neurologists, neuropsychologists, rehabilitation physicians, and life‑care planners estimating future treatment and costs.
- Documentation of how symptoms affect daily life: work performance reviews, statements from employers, family impact statements, and vocational evaluations.
- Bills, receipts, and proof of payments for all related medical care and therapy.
If you already settled and your condition worsens
Generally, a broad release given in exchange for a settlement prevents you from later seeking more money for the same injury. Exceptions are rare and fact‑specific (for example, fraud in obtaining the release, a negotiated right to reopen, or other narrow contractual exceptions). If you believe a settlement was based on incomplete or fraudulent information, speak with an attorney promptly to evaluate whether any challenge is possible.
Practical steps to protect your claim
- Seek immediate and ongoing medical care. Early documentation of concussion and any progression is critical.
- Get opinions from specialists (neurology, neuropsychology, and rehabilitation medicine) who can explain prognosis and expected treatments.
- Ask for a life‑care plan or a written estimate of future medical needs and costs.
- Keep meticulous records of medical bills, prescriptions, therapy notes, missed work, and how symptoms affect daily life.
- Talk to an experienced personal injury attorney before signing a release or accepting a settlement. An attorney can help negotiate protections for future care or advise whether to wait.
When to involve experts
Experts are usually needed to prove long‑term needs and assign value:
- Neuropsychologists — to document cognitive deficits and functional impact.
- Neurologists or physiatrists — to address causation and treatment plans.
- Life‑care planners — to create a costed plan of future care.
- Vocational experts — to assess work impacts and lost earning capacity.
Insurance limits and defendant resources
Your recovery can be limited by the at‑fault party’s insurance limits and by your own uninsured/underinsured motorist coverage if applicable. If anticipated future costs exceed available insurance, you and your attorney must consider alternatives such as litigation against other responsible parties, settlement structuring, or seeking other sources of compensation.
Helpful Hints
- Document everything. Detailed medical and daily‑life records are the strongest support for claims of long‑term injury.
- Don’t accept the first offer without seeing a medical prognosis. Initial offers often reflect only immediate bills, not future care.
- Ask your treating physicians to put prognosis and recommended treatment schedules in writing.
- Consider getting a life‑care plan early if doctors predict prolonged needs.
- If you’re unsure whether to settle, ask the insurer for a structured settlement or a conditional release that addresses future care, and have an attorney review any release language.
- Talk with a lawyer experienced in brain injury and personal injury cases — they know how to assemble experts and calculate long‑term damages.
- If you already settled and your symptoms have worsened, contact an attorney quickly — there may be narrow avenues for relief depending on the settlement terms and facts.