Detailed Answer

Short answer: Yes — if concussion symptoms worsen and you require long‑term treatment, that can increase the value of a personal injury claim in Tennessee. The key issues are proving causation and the reasonable cost of future care, preserving your right to recover those future damages, and accounting for liens or subrogation claims that may reduce your net recovery.

How Tennessee law frames recoverable damages

In Tennessee personal injury cases, an injured person can seek compensation for past and future medical expenses, lost wages and earning capacity, and non‑economic damages like pain and suffering. If your concussion leads to long‑term needs (ongoing neurology care, cognitive therapy, caretakers, assistive devices, or lost earning capacity), these items are legitimate components of a claim — but you must document and prove them.

Proving future treatment and worsening symptoms

To recover money for future treatment you must show:

• That the worsening symptoms are reasonably certain to be connected to the accident (medical causation).
• What specific types of future care are likely (e.g., neuropsychological testing, rehabilitation, vocational rehab, home health care).
• Approximate costs and duration for that care, supported by medical opinions or a life‑care plan prepared by a qualified professional.

Doctors’ notes, diagnostic testing, referrals, and a life‑care plan or expert testimony make future medical expense claims credible. Absent that evidence, insurers may undervalue or deny future care needs.

Timing: why settling too early is risky

Settling before your condition stabilizes can permanently waive the ability to recover for new or worsening injuries if you sign a broad release. A general release typically extinguishes future claims related to the incident. If symptoms are evolving, it’s often better to:

• Delay settlement until your medical condition stabilizes, or
• Negotiate a settlement that reserves future medical claims for a defined period, or
• Use a structured settlement or set aside funds to cover anticipated future care.

Practical settlement options to protect future treatment needs

• Hold out for a full recovery evaluation: Wait until medical providers can estimate future needs.
• Reserve future medicals: Ask the defendant to limit the release to known damages or explicitly reserve rights for future treatment related to the injury.
• Structured settlement: Use an annuity or periodic payments to guarantee funds for long‑term care.
• Set aside funds in escrow: Part of the settlement is held to pay future bills if the parties agree.
• Keep claims open: Some plaintiffs accept a partial settlement of past damages while leaving future claims unresolved; this requires careful drafting.

Subrogation, liens, and other reductions to net recovery

Even if a settlement compensates future medical care, third parties may claim reimbursement:

• Private health insurers often assert subrogation or contractual reimbursement rights.
• Medicare/Medicaid may have a statutory lien or conditional payment claim that must be repaid from settlements. (Federal Medicare rules also apply.)
• Worker’s compensation liens can apply if benefits were paid for the same injury.

These liens reduce the amount you keep unless they are negotiated or resolved. An attorney familiar with Tennessee practice can often negotiate or obtain reductions of subrogation demands.

Statute of limitations and timing in Tennessee

Under Tennessee law, most personal injury actions must be filed within one year after the injury. See Tennessee Code Annotated § 28‑3‑104. If you wait to sue because you expect symptoms to worsen, be aware of timing rules and any applicable discovery rules that may affect when the clock starts running. You should consult an attorney quickly to preserve your rights and avoid losing the ability to sue.

See the statute here: Tenn. Code Ann. § 28‑3‑104 (Statute of limitations for personal injury).

Hypothetical example

Imagine you were in a car crash and received a concussion. At first you feel better, sign a small settlement resolving immediate medical bills, then months later you develop worsening headaches and cognitive problems requiring ongoing neurology visits and cognitive rehabilitation. Because you released the defendant for all claims arising from the crash, you generally cannot ask for more money for that same accident later. If instead you had (1) waited until your condition stabilized, or (2) obtained an agreement that reserved future medical claims, you could pursue additional recovery for the new long‑term care.

When to talk to an attorney

Consult a Tennessee personal injury attorney promptly if:

• Your concussion symptoms are evolving or worsening.
• You are considering any settlement while treatment is ongoing.
• Medical providers expect future care, or vocational/earnings effects are possible.
• An insurer or lienholder is demanding reimbursement from any settlement.

An attorney can help gather proof of future care, negotiate releases that protect future rights, and address liens or subrogation.

Helpful Hints

• Keep detailed medical records and notes about symptoms, functional limits, and dates — these are critical for proving worsening injuries.
• Ask treating doctors for written opinions about causation and expected future care; a life‑care plan strengthens a claim for long‑term treatment.
• Do not sign a broad release or accept a full settlement until you understand whether symptoms could worsen; if needed, negotiate a reservation of future claims.
• Understand and plan for subrogation: ask insurers and public programs for written statements of any liens so you can estimate net recovery.
• Consider structured settlements or escrow arrangements when future care costs are uncertain or long‑term.
• Contact a Tennessee attorney early — the one‑year statute of limitations in Tenn. Code Ann. § 28‑3‑104 can bar claims if you delay filing.

Disclaimer

This information is for educational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation under Tennessee law, consult a licensed Tennessee attorney.