Short answer: If your symptoms worsen before you settle, you can and should build the possibility of long‑term care into your claim so the settlement reflects expected future medical needs. If you already signed a full release and later your concussion gets worse, you usually cannot reopen the settled claim unless there was fraud, mutual mistake, or a narrow reservation of rights written into the agreement. Other payers (Medicare, Medicaid, workers’ compensation) and lien rules can reduce the money you keep from any settlement.

Detailed answer — how Washington law and practice treat worsening concussion symptoms

A concussion can produce delayed or progressive symptoms. Under Washington personal injury practice you have two general situations:

1. You have not yet settled: Your damages include both past medical costs and the reasonable value of anticipated future treatment, lost earnings, and non‑economic losses (pain, emotional impacts). To capture future needs, you should document the trajectory of your symptoms and obtain medical opinions (treating physicians, neurologists, and, if appropriate, a life‑care planner or vocational expert). Insurers and defense lawyers will weigh settled medical records and expert projections when valuing future care. A careful settlement can include lump sum or structured payments for foreseeable long‑term care.
2. You already settled and signed a broad release: In most cases a general release ends your right to seek more money later for the same injury, even if new problems arise. Washington courts enforce releases unless there is evidence the release was obtained by fraud, duress, or mutual mistake. To preserve the chance for future recovery you can ask for either (a) a reservation of rights carved out in the release that preserves claims for future treatment, or (b) a structured settlement or set‑aside specifically for future medical expenses.

How settlement value changes when symptoms worsen

When symptoms worsen and long‑term treatment is reasonably likely, the claim’s value increases because you can claim future:

• medical and rehabilitation expenses;
• home modifications or assistive care;
• lost earning capacity (partial or total) if you cannot return to prior work;
• non‑economic damages for ongoing pain, cognitive impairment, and diminished quality of life.

To prove future damages you need credible medical testimony linking the worsening condition to the original injury and estimating the kind, frequency, and cost of future care.

Practical effect if you settle too early

Settling early without accounting for future worsening can leave you under‑compensated. Once you sign a comprehensive general release, the defendant typically has no further financial obligation. That’s why plaintiffs often delay a final settlement until symptoms stabilize or include compensation for future care backed by expert reports.

Liens, subrogation, and third‑party payers

Even if you obtain a settlement that reflects long‑term treatment, some of that amount may be used to satisfy liens or subrogation claims. Common examples in Washington include:

• Medicare and Medicaid (Apple Health) may have repayment or conditional payment obligations under federal law. The Medicare Secondary Payer rules require coordination and potential reimbursement — learn more at CMS: https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/WorkersComp.
• If the care was paid through Washington’s Department of Labor & Industries (workers’ compensation), L&I may have reimbursement rights out of a third‑party settlement. See the Washington L&I site for general guidance: https://www.lni.wa.gov/.

Make sure to identify any potential liens and address them in settlement negotiations so you know your net recovery.

Statute of limitations — timing matters

Under Washington law, most personal injury actions must start within three years of the injury. See RCW 4.16.080: https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080. If symptoms are delayed and you discover the injury later, the discovery rule can affect when the clock starts — but you should not assume indefinite time. Talk with an attorney early to protect your claim.

What you should do now — step‑by‑step

1. Get immediate, ongoing medical care. Treating records are the foundation of your claim.
2. Document everything. Keep a symptom diary, copies of all medical bills, therapy notes, and statements about work impacts.
3. Tell your insurer (and the at‑fault party’s insurer) about any change in symptoms, and follow medical advice. Failure to seek treatment can reduce claim value.
4. Ask your treating doctor for an opinion about prognosis. If long‑term care is possible, ask for a written prognosis and a projected plan of care and costs.
5. Consult an experienced Washington personal injury attorney before signing any release. If you must settle while recovery is uncertain, consider negotiating a reservation for future medical costs, a specific set‑aside, or structured payments.
6. Identify possible lien holders early (Medicare/Medicaid, L&I, private insurers) so you can negotiate net recovery.

Helpful hints

• Do not sign a general release until you understand future treatment needs and how the release treats future claims.
• Use objective testing and repeat evaluations to document worsening symptoms (neurocognitive testing, imaging where appropriate, vestibular or balance testing).
• Consider a life‑care planner to quantify future medical needs and costs—this helps with settlement negotiations and jury presentations.
• Keep copies of all communications with insurers and opposing counsel.
• If public benefits or workers’ comp paid for care, get written confirmation of what they claim as a lien before settlement.
• Ask about structured settlements if you need guaranteed periodic payments for ongoing care.