What happens if my concussion symptoms worsen and I need long-term treatment?

Short answer: If your concussion symptoms worsen after an accident, that can increase the value of a personal injury claim because you can seek compensation for additional medical care, lost earnings, and future care needs. But if you accept a full settlement that does not account for the worsening, you usually give up the right to recover more later. In Vermont, timing, documentation, and the settlement language are critical.

Detailed answer — how worsening concussion symptoms affect a personal injury settlement under Vermont law

1. What damages can increase if your concussion worsens?

When a concussion leads to new or worsened symptoms, these are the types of damages that can rise:

• Past medical expenses (emergency care, scans, doctor visits, medications, therapy).
• Future medical and rehabilitative care (ongoing neurology, physical therapy, cognitive therapy, assistive devices, home modifications).
• Lost wages and lost earning capacity if your ability to work is reduced or you can no longer work full time.
• Pain and suffering, emotional distress, and loss of quality of life.

2. Proving future and worsening injury

To obtain compensation for future care or a worsened condition you generally need:

• Clear medical records that link your symptoms to the accident.
• Medical opinions showing the likely course of the condition, probable treatments, and estimated costs.
• Vocational or life-care planning evidence if the injury affects work or requires long-term care.

3. Settlement timing and why it matters

Insurance companies often pressure injured people to accept an early offer. If you settle and sign a full release without accounting for future worsening, you normally give up any right to sue later for the same injury. To protect yourself you can:

• Wait until you reach maximum medical improvement (MMI) or your treating doctors can reasonably predict your future needs before settling.
• Negotiate future damages into the settlement by obtaining expert cost projections and including a lump-sum for anticipated care.
• Ask for a structured settlement or periodic payments to cover long-term needs.
• Seek a holdback or escrow (a portion of the settlement kept available for a set time) or a re-opener clause for newly-discovered conditions in some situations.

4. If you already settled and symptoms worsen

If you already accepted a full release, recovering additional compensation is difficult. Possible, but limited, exceptions include:

• Fraud or deliberate concealment by the other side about the cause or severity of the injury.
• A settlement that explicitly preserves the right to bring claims for newly discovered conditions (rare unless negotiated).

Absent those exceptions, courts generally enforce releases and bar additional claims tied to the settled incident.

5. Vermont-specific timing issue — statute of limitations

Vermont has a deadline to file most personal injury lawsuits. If you delay too long, you may lose the right to sue even if symptoms later worsen. For personal injury actions, consult Vermont’s statute of limitations so you know how much time you have to file a claim or reopen litigation. See Vermont’s statute on actions for injuries to the person: 12 V.S.A. § 512. If you are unsure about filing deadlines, get legal advice quickly because missing a deadline can permanently bar recovery.

6. Medicare, Medicaid and other liens

If you receive Medicare, Medicaid, or other public benefits, those programs may assert repayment rights against a personal injury settlement. Federal Medicare recovery rules and Vermont Medicaid recovery can reduce the funds available to you unless the settlement resolves those liens. Before settling, identify and address any potential lien or subrogation claim.

7. Practical negotiation tools

To protect future needs, consider:

• Including explicit language in the settlement for future medical costs related to the concussion.
• Asking for periodic payments for long-term care rather than a single lump-sum.
• Using holdbacks, escrow, or a re-opener clause if doctors expect uncertain progression.
• Getting a life-care plan and cost estimate from a qualified provider to support future damages.

8. Why an attorney can matter

An attorney experienced in brain injury and personal injury claims can:

• Help document the link between the accident and worsening symptoms.
• Obtain expert opinions and cost estimates for future care.
• Negotiate settlement language that protects future recovery or structures payments to cover long-term needs.
• Address liens and third-party claims (Medicare/Medicaid or other payors).

Helpful Hints

• Seek prompt medical care and follow-up. Early and consistent treatment strengthens your claim.
• Keep detailed records of symptoms, treatments, and how the injury affects daily life and work.
• Do not sign a full release or accept a final offer without understanding whether it covers future worsening.
• Ask for a written estimate of future care costs (life-care plan) if doctors believe symptoms may be long-term.
• Consider structured settlement or escrow if you expect long-term needs but must settle now for other reasons.
• Identify potential Medicare/Medicaid or other subrogation interests early and address them before settling.
• Talk with a Vermont personal injury attorney before accepting any settlement—especially when brain injury or future care is involved.
• Track deadlines. If you plan to sue, know Vermont’s statute of limitations (see 12 V.S.A. § 512) and act before time runs out.

Disclaimer: This article provides general information about Vermont personal injury processes and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Vermont attorney.