Oregon: How Worsening Concussion Symptoms and Long-Term Treatment Can Affect a Personal Injury Settlement

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Will worsening concussion symptoms and the need for long-term treatment change my personal injury settlement?

Short answer: Yes—worsening symptoms and future treatment needs can significantly affect the value of a personal injury claim and what you should do before you settle. How much they affect your settlement depends on timing, documentation, the language of any release you sign, and the willingness of the insurer or defendant to pay for future care.

Detailed answer — how this works under Oregon law

When someone with a concussion has ongoing or worsening symptoms, the following legal realities apply:

  • Settlements normally resolve current and future claims that the release covers. A typical full settlement and release extinguishes present and future legal claims arising from the accident. If you sign a broad release before your condition stabilizes, you usually give up the right to recover additional money later for any worsening related to the same injury.
  • Future medical expenses and future loss of earning capacity are compensable if they are proven. Courts and insurers will consider future medical care, rehabilitation, and diminished earning capacity when valuing a claim if you can reasonably show those needs with medical records and testimony from treating providers and life-care planners.
  • Timing matters: wait for reasonable medical stabilization when possible. Claim value is easier to estimate after your condition reaches a reasonably stable point (often called “maximum medical improvement” or MMI). Settling before stabilization raises the risk that new or worsening problems will not be covered by the settlement.
  • Keep the statute of limitations in mind. In Oregon, personal injury lawsuits generally must be filed within a limited time period. A commonly cited statute for time limits on personal-injury actions is ORS 12.110, which sets limitations for certain actions; check the statute and consult counsel early to avoid losing your right to sue. See the Oregon Revised Statutes: ORS 12.110.
  • If you already settled, reopening the claim is difficult. Once you sign a broad release, recovering more money later for the same injury is usually not possible unless the release included a reservation for future claims, or you can show fraud, duress, or a mutual mistake about a material fact. These exceptions are narrow and fact-specific.
  • Alternative settlement structures can protect future needs. You can ask for: a structured settlement with periodic payments; a settlement that allocates a specific lump sum for anticipated future care; a partial release that preserves the right to revisit future medical expenses; or a reopener clause tied to specific medical findings. Insurers may resist these options, so negotiation is required.
  • Documentation and expert support matter. To get paid for future care you must reasonably prove the need. Medical records, repeat neurological evaluations, neuropsychological testing, a life-care plan from a qualified planner, and vocational evaluations help establish future damages and their cost.

Practical application: if your concussion symptoms worsen and you will need long-term therapy, cognitive rehabilitation, or ongoing medication and supports, those projected costs can and should be part of your claim value. If you settle too early without addressing future needs, you likely will not be able to recover more later.

Common scenarios and what usually happens

Scenario 1: You haven’t settled and symptoms worsen

Document the change immediately. Continue medical care, obtain supporting reports (neurology, neuropsychology, rehabilitation), and update any life-care or cost estimates. Use the new documentation to increase settlement demand or, if necessary, file suit before the statute of limitations runs.

Scenario 2: You already signed a full release

Recovering additional compensation is difficult. Options are limited to negotiating a supplemental payment with the defendant/insurer (rare) or proving legal grounds to set aside the release (fraud, misrepresentation, or duress). These are hard to win and fact-specific.

Scenario 3: You negotiate before settlement

Ask that the settlement explicitly include an amount for future medical care and lost earnings, or request a reopener clause or structured/periodic payments. Get the settlement terms in writing and review release language carefully to see whether future claims are waived.

How damages for a worsening concussion are calculated

  • Past medical expenses and past lost income — documented with bills, employer records, and tax information.
  • Future medical expenses — estimated with current treatment plans and life-care cost analysis.
  • Future lost earning capacity — based on vocational assessments and medical prognosis.
  • Pain and suffering / loss of enjoyment of life — these are non-economic but compensable; severity and duration drive value.

To support future damages, assemble a chronology of care, copies of all medical records, expert opinions on prognosis, and detailed cost estimates for ongoing treatment.

Steps you should take now

  1. Seek and keep consistent medical care. Document every visit, symptom, medication change, and functional limitation.
  2. Request detailed medical opinions about prognosis and expected future needs in writing from treating providers.
  3. Keep a daily symptom and function journal (sleep, memory, concentration, headaches, ability to work, activities of daily living).
  4. Preserve evidence: incident reports, photographs, witness contact info, and employer records of missed work.
  5. Talk to a personal injury attorney before signing any release or settlement offer—especially if you still have active or worsening symptoms.
  6. Monitor the statute of limitations and be sure any claim is filed in time if settlement talks fail. See ORS for timing rules: ORS 12.110.

When you may be able to recover more after a settlement

Recovery after final settlement is uncommon, but may be possible if:

  • The settlement explicitly preserved future claims or included a reopener clause.
  • You can prove the defendant committed fraud or intentionally misled you about something material to the settlement.
  • The release contained a mutual mistake about a material fact that courts find warrants rescission or reformation.

These options require strong proof and are fact-specific. An attorney can review your release and advise whether any legal grounds exist to challenge it.

Helpful Hints

  • Do not accept a fast, low settlement if you still have symptoms or incomplete recovery.
  • Ask for a life-care plan and cost estimate if providers foresee long-term care.
  • Negotiate for structured settlements or a specific allocation for future care when appropriate.
  • Keep careful, dated records of symptoms and treatment — courts and adjusters rely heavily on medical documentation.
  • Before signing any release, have a lawyer review the full language to see whether it waives future claims.
  • If in doubt, preserve your right to sue until your condition stabilizes, but don’t miss the filing deadline — check ORS timing rules: ORS 12.110.

Disclaimer: This information explains general legal principles only and is not legal advice. It does not create an attorney-client relationship. Laws change and every case turns on its own facts. For advice about your situation, consult a licensed Oregon attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.