Detailed answer

If an initially diagnosed concussion worsens and you need long‑term treatment, that change can materially affect the value and structure of any personal injury settlement in Wyoming. Insurance carriers and defense lawyers price claims based on documented past losses and reasonable, provable future needs. When symptoms persist or worsen, the potential compensation for future medical care, lost earnings, and non‑economic losses (pain, suffering, loss of enjoyment of life) typically increases—provided you can link those additional needs to the incident that caused the concussion.

What kinds of damages may increase?

• Future medical expenses: Costs for ongoing neurology care, neuropsychological testing, physical therapy, cognitive rehabilitation, medications, durable medical equipment, or in‑home care.
• Lost earning capacity: If symptoms reduce your ability to work now or in the future, an economic expert can estimate lost wages across your remaining working years.
• Non‑economic damages: Increases to pain and suffering, emotional distress, and reduced quality of life often follow chronic post‑concussion symptoms.
• Special needs and life‑care costs: For severe, long‑term impairments you may need a life‑care plan estimating lifetime treatment and support needs.

What you must prove

To recover more for worsening symptoms, you must reasonably prove three things:

1. Causation: Medical evidence linking the worsening symptoms and need for treatment to the accident or incident that caused the concussion.
2. Reasonableness: Expert opinion and documentation that the proposed treatment and costs are medically necessary and customary.
3. Quantification: Clear, itemized records showing past medical bills, and expert reports (life‑care plans, economic reports) estimating future costs and lost earning capacity.

Common types of evidence used

• Medical records and treatment notes from emergency rooms, neurologists, neuropsychologists, therapists, and primary care providers.
• Neuropsychological testing and objective cognitive assessments.
• Life‑care plans prepared by nurse life‑care planners or rehabilitation specialists.
• Economic reports estimating future medical costs and lost earnings.
• Deposition testimony from treating physicians and independent medical examiners.

Settlement vs. trial: how future needs are handled

At settlement, parties negotiate value and release language. Insurers will discount uncertain future claims. Plaintiffs can increase settlement value by producing strong expert opinions and clear documentation. If you accept a global release without protecting future care, you typically waive the right to later sue for additional treatment tied to the same injury.

Options to address uncertain long‑term needs:

• Lump‑sum settlement: One payment covering past and anticipated future costs. Requires careful valuation and acceptance of uncertainty.
• Structured settlement or periodic payments: Payments over time to match ongoing treatment costs.
• Escrow or trust accounts: Money set aside for future care or to pay future invoices.
• Limited releases or reservation of claims: Rare but possible—specifically carving out claims for future treatment may preserve the right to bring a later claim. These require precise drafting and legal advice.

Timing and deadlines you must not miss

Wyoming imposes time limits on most personal injury claims. If you plan to sue, do not ignore the state statute of limitations. See the Wyoming statutes for the applicable deadline (for typical personal injury claims). You should get legal advice early so you do not lose rights by waiting.

For reference, see the Wyoming statutes page: https://wyoleg.gov/statutes/. For common personal injury timing provisions, review the statute of limitations sections in Title 1, Chapter 3 of the Wyoming Statutes.

Practical effect on settlement negotiations

If your symptoms worsen after you make a demand, you should update the insurer with new records and expert reports. A strong, updated evidentiary package typically increases settlement leverage. If you already settled and later require more care, recovery depends on the language of the release you signed; most releases bar further claims unless the release specifically preserves future claims.

When to involve experts and counsel

Because long‑term concussion care involves complex medical and economic issues, retain or consult with an attorney experienced in brain injury and personal injury claims early. Useful experts include neurologists, neuropsychologists, life‑care planners, and vocational/economic experts. Their testimony is often decisive in valuing future damages.

Key takeaways

• Worsening concussion symptoms that require long‑term care can substantially increase the value of a settlement, but only if you document causation and need.
• Strong medical records and expert reports are essential to prove future medical needs and lost earning capacity.
• Settlement releases often waive future claims—consider structured payments, escrow, or carefully drafted reservation language if long‑term care is likely.
• Act early. Preserve evidence, keep detailed medical records, and consult an attorney before signing releases or accepting a low offer.

Disclaimer: This article is educational only and does not constitute legal advice. It is not a substitute for consulting a licensed Wyoming attorney about your specific situation.

Helpful hints

• Document everything: Keep all medical records, bills, test results, and notes about symptoms and how they affect daily life.
• Follow medical advice: Courts and insurers favor claimants who seek timely and consistent treatment.
• Ask your treating doctors to explain how the concussion relates to your ongoing symptoms in writing.
• Get objective testing: Neuropsychological testing provides measurable evidence of cognitive deficits.
• Consider a life‑care plan early if recovery is slow or incomplete. It provides a clear estimate of future costs.
• Before settling, ask how the release handles future medical needs and whether a structured settlement or escrow is possible.
• Talk to a Wyoming personal injury attorney promptly—waiting can reduce your options and may jeopardize claims under state time limits.
• Keep a daily symptom and function journal to show how symptoms change over time.
• Be cautious with recorded statements to insurers; get legal advice first.
• If you receive Medicare or Medicaid, be aware of potential liens or reporting obligations—consult counsel to protect benefits.