Short answer

If concussion symptoms worsen and you need long-term treatment, that can increase the value of your personal injury claim in Texas because you can seek compensation for both past and future medical care, lost earnings, and non‑economic losses. However, the outcome depends on how you document your condition, the type of defendant (for example, a health‑care provider versus a driver), and whether you sign a full release before your condition stabilizes.

Detailed answer — how worsening concussion symptoms affect a Texas personal injury claim

1. Types of damages you can seek

In a Texas negligence claim, you can pursue damages that reflect the actual harm caused. Common categories include:

• Past medical expenses: bills already incurred for emergency care, imaging, doctor visits, therapy, and medications.
• Future medical expenses: reasonably probable, necessary future care for your concussion (for example, ongoing neurologic care, cognitive rehabilitation, therapy, durable medical equipment, or future surgeries if required).
• Lost wages and lost earning capacity: lost income during recovery and, if the injury causes lasting deficits, reduced ability to earn in the future.
• Non‑economic damages: pain and suffering, mental anguish, and loss of enjoyment of life.

2. Proof required to recover future damages

Texas law requires that future damages be supported by credible evidence showing a reasonable probability those damages will occur. That usually means:

• Detailed medical records documenting your symptoms and treatment.
• Opinions from treating physicians (for example, neurologists, neuropsychologists, or rehabilitation doctors) describing prognosis and recommended future care.
• Cost estimates or life‑care plans showing how much future treatment will cost.
• When future lost earning capacity is claimed, testimony or reports from a vocational assessor or treating providers about functional limitations.

Well-documented future care and corroborating medical testimony make it easier to negotiate a higher settlement or convince a jury to award higher future damages.

3. Settlement timing and releases — why you should be careful before signing

Many insurance companies push for early settlement. If you sign a full release that resolves all claims, you typically give up the right to later pursue additional compensation for worsening symptoms. Settlements and releases are contractually binding under Texas law, so you should not sign away future claims unless you are satisfied your future needs are covered.

Options to protect yourself before settling include:

• Negotiating to include future medical expenses in the settlement amount.
• Asking for a structured settlement that pays in installments tied to future care needs.
• Including a narrowly drafted release that preserves claims for newly discovered injuries or includes a reopener clause for objectively verifiable worsening tied to agreed medical benchmarks.
• Agreeing to a tolling or tolling-like agreement if you need more time to learn your prognosis (this extends deadlines for filing a lawsuit by contract).

4. If you already settled: can you reopen the claim?

If you already signed a full and general release that covers all claims arising from the incident, reopening the claim is difficult. Texas courts generally enforce clear releases. You may have limited recourse only if you can show facts such as fraud, coercion, mutual mistake, or that the release was procured by fraud. These cases are fact‑specific and hard to win. If your settlement reserved future claims or was limited in scope, you may be able to pursue new damages that fall outside the scope.

5. Special rule for claims against health‑care providers

If the claim is a medical‑malpractice claim against a health‑care provider rather than a standard negligence claim (for example, if the concussion resulted from negligent hospital care), Texas’s medical‑liability rules apply. Chapter 74 of the Texas Civil Practice & Remedies Code imposes procedural requirements and limits in medical‑provider cases, including caps on noneconomic damages in certain situations. See Texas Civil Practice & Remedies Code §74.301 for limits that may apply in medical‑malpractice claims: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm#74.301.

6. Remember the deadline to sue

Texas generally gives two years from the date of the injury to file a personal injury lawsuit. See Tex. Civ. Prac. & Rem. Code §16.003: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003. If you settle but do not preserve future claims, that settlement will usually bar later lawsuits. If you need more time to determine your prognosis before deciding whether to file suit, ask the defendant about a tolling agreement or consult an attorney about your options.

7. Practical effect on settlement value

Worsening symptoms and a need for long‑term care typically increase settlement value because insurers and defendants must account for anticipated future costs and losses. Key factors an insurer will consider include:

• Severity and permanence of cognitive or functional deficits.
• Current and projected medical treatment needs and costs.
• Impact on your ability to work and perform daily activities.
• Quality of your medical documentation and credibility of medical testimony.

Helpful hints

• Keep complete medical records and a symptom diary (dates, symptoms, limitations, medications, and treatments).
• Seek care from appropriate medical providers (primary care, neurologist, neuropsychologist, rehabilitation services) and follow recommended treatment so your prognosis is supported by documentation.
• Show how the injury affects daily life and work; contemporaneous records and witness statements strengthen your position.
• Don’t sign a full release until you understand your likely future needs. Consider reserving future claims or using a structured settlement.
• If you plan to accept an early offer, ask for a release that is limited in scope or includes a reopener for objectively documented new injuries tied to the incident.
• Talk to a personal injury attorney before settling. An attorney can evaluate whether your settlement fairly covers future care and lost earnings and can negotiate protections if your symptoms are still developing.
• Be aware of the two‑year statute of limitations in Texas for injury claims; use tolling agreements if you need more time to assess your condition before filing suit: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003.

Next steps: If your concussion symptoms worsen, document everything, continue medical care, and consult a personal injury attorney who knows Texas law before you accept any settlement or sign a release. An attorney can help calculate future damages, propose protective language in a settlement, or advise whether to delay settlement until your prognosis is clearer.

Disclaimer: This article provides general information about Texas law and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Texas attorney.