What Happens If Concussion Symptoms Worsen and You Need Long‑Term Treatment?

Disclaimer: This is educational information only and not legal advice. I am not a lawyer. If you have a specific case, consult a West Virginia attorney who handles personal injury and brain injury claims.

Quick answer

If concussion symptoms worsen and you require long‑term treatment, that can increase the value of a personal injury claim because you may recover damages for additional future medical care, lost earning capacity, and increased pain and suffering. But you must document the change, get credible medical opinions about future needs, and protect your legal rights in any settlement or release. Settling without accounting for future problems can bar recovery for worsening symptoms.

Detailed answer: how West Virginia law treats worsening concussion symptoms and future care

1. What kinds of damages can increase when symptoms worsen?

• Past medical expenses already paid or billed.
• Future medical expenses reasonably certain to be needed (e.g., ongoing neurologic care, cognitive therapy, pain management, durable medical equipment, home modifications).
• Lost wages and future lost earning capacity if cognitive or physical limitations reduce your work ability.
• Pain and suffering, emotional distress, and loss of enjoyment of life.

2. How do insurers and courts value future losses?

Insurance companies and courts value future losses based on medical evidence and expert opinion. Common proof includes contemporaneous medical records, prognosis from a neurologist or neuropsychologist, and a life‑care plan prepared by a qualified professional. Economists or vocational experts may calculate future earnings loss.

3. Why documentation matters

When symptoms worsen after an initial settlement offer, you must show the worsening is connected to the original injury. Keep detailed records of symptoms, treatment, test results, and specialists’ opinions. Without solid documentation, an insurer can argue the later symptoms stem from an unrelated cause or pre‑existing condition.

4. Settlement releases and the risk of settling too early

Most settlement agreements include a broad release that resolves “all claims” arising from the incident. If you accept a general release before your condition stabilizes, you typically give up the right to later claim additional damages from that same accident. To protect yourself, parties sometimes:

• Delay settlement until symptoms stabilize and prognosis is clearer.
• Use a structured settlement that pays future needs over time.
• Negotiate a settlement that expressly reserves the right to future medical expenses (rare and often resisted by insurers).
• Include a defined set‑aside for anticipated future medical costs based on a life‑care plan.

5. If you already settled, can you reopen the claim?

Generally, a valid settlement and release bar later claims arising from the same incident. Reopening a finalized settlement is difficult unless you can show fraud, duress, mutual mistake, or that the release was fraudulently induced. West Virginia courts treat clear releases as enforceable, so settling without protecting future claims carries real risk. If you think a settlement was based on fraudulent or incomplete information, consult an attorney promptly.

6. Timing vs. West Virginia deadlines

Personal injury lawsuits must be filed within the statutory time limit. West Virginia’s civil code contains the statutes that govern actions and limitations for personal injury claims (see Title 55 of the West Virginia Code). Filing deadlines can affect your options if you are considering reserving the right to later claims or if you need more time to confirm the severity of your concussion. For code provisions on civil actions, see: West Virginia Code, Title 55 (Civil Actions). If you are near the limitation deadline, speak with a lawyer right away.

7. Practical steps to protect your long‑term recovery and claim value

1. Continue medical follow‑up. Get specialist evaluations (neurology, neuropsychology, vestibular therapy) and objective testing when appropriate.
2. Document symptoms daily and preserve medical bills, test results, and therapy notes.
3. Get a prognosis and, if needed, a life‑care plan that estimates future treatment and costs.
4. Consider hiring a personal injury attorney experienced with brain injury claims to negotiate or litigate on your behalf.
5. Avoid signing a broad release until you and your attorney are comfortable that future needs are addressed.
6. If you must take an early offer, explore structured settlements or negotiating an express carve‑out for future catastrophic care.

Hypothetical example

Jane slips in a grocery store and sustains a concussion. Initial symptoms improve, and the insurer offers a settlement based on one year of expected care. Nine months later, Jane has new memory problems and needs long‑term cognitive therapy and medication. If Jane accepted the previous general release, she likely cannot recover for the new care because the release extinguished claims from the accident. If she waited to settle until the prognosis was clear — or secured a settlement that covered future care — she could pursue compensation for the long‑term treatment.

When to talk to a lawyer

Contact a West Virginia personal injury attorney if:

• Your concussion symptoms persist or worsen despite treatment.
• An insurer pressures you to accept a full release while your prognosis is unclear.
• Medical experts estimate significant future medical or vocational needs.
• You are close to the state filing deadline for personal injury cases.

Helpful Hints

• Keep a symptom diary: dates, severity, triggers, and how symptoms affect daily life.
• Seek specialist opinions early—neurologists and neuropsychologists carry weight in valuation.
• Request a life‑care plan if long‑term treatment is likely; insurers expect these estimates.
• Ask about structured settlements to ensure consistent funding for ongoing care.
• Do not sign a general release under time pressure. Ask for time to review with counsel.
• Preserve all medical bills and correspondence with insurers and medical providers.
• If you already signed a release and later see worsening symptoms, consult a lawyer immediately to explore narrow options for relief.

For general information about West Virginia civil procedure and limitation periods, see the West Virginia Code: https://code.wvlegislature.gov/55/.

Final note: Every injury and case is unique. This article explains common issues under West Virginia law but cannot predict how a particular claim will be resolved. Consult a local attorney to evaluate your facts and protect your right to future recovery.