Short Answer

Yes—under North Carolina law, your settlement should account for both past and reasonably expected future losses. If your concussion symptoms are likely to persist, that can increase the value of your claim. But once you sign a full and final release, you typically cannot reopen your case if symptoms worsen later. If your damages may exceed the at-fault driver’s insurance, you must protect your underinsured motorist (UIM) rights before settling.

Understanding the Problem

You want to know if worsening concussion symptoms and long-term treatment needs change your North Carolina personal injury settlement. The core decision is whether to resolve your claim now or wait until you understand your long-term medical outlook. The actor is the injured person; the relief is compensation for present and future losses; and the key timing issue is that settlement becomes final once you sign a release, and you face a filing deadline if no settlement is reached.

Apply the Law

In North Carolina, injury settlements and verdicts can include compensation for past medical bills, future medical care that is reasonably certain, lost earnings and earning capacity, and pain and suffering. Courts generally require medical testimony to support future damages. Mediation is common (and required in most Superior Court civil cases), and any mediated agreement must be reduced to writing and signed to be enforceable. If you settle, insurers typically require a full and final release that closes your claim. If your losses may exceed the at‑fault driver’s liability limits, you must give your UIM insurer proper notice and obtain consent before releasing the at‑fault driver to preserve your UIM claim. The main forums are North Carolina District or Superior Court, depending on the amount demanded. The general deadline to file most negligence claims is three years from the injury.

Key Requirements

• Future losses must be proven: You can recover future medical expenses and related losses if medical evidence shows they are reasonably certain.
• Finality of releases: A signed settlement release usually ends all claims from the incident, even if symptoms later worsen, unless the agreement says otherwise.
• Protect UIM rights: If damages may exceed the at‑fault policy, notify your UIM carrier and get its consent before you accept and release the at‑fault driver.
• Mediation & writing requirement: In Superior Court cases, mediation is required; any settlement reached must be written and signed to be enforceable.
• Statute of limitations: If settlement is not reached, you must file suit within the applicable deadline (generally three years for most personal injury claims).
• Medical liens and payors: Health care providers may assert liens that must be addressed from settlement proceeds.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitation) — Most negligence claims must be filed within three years.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability; UIM) — Sets UIM requirements, including consent-to-settle procedures to preserve UIM claims.
• N.C. Gen. Stat. § 7A-38.1 (Mediated settlement conferences) — Mediation in Superior Court civil actions.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) — Providers may assert liens on settlement proceeds subject to statutory limits.

Analysis

Apply the Rule to the Facts: If your concussion likely requires ongoing treatment, North Carolina law allows you to claim future medical expenses and future pain and suffering when supported by medical opinions. You strengthen your claim by waiting until your providers can describe your long‑term prognosis with reasonable certainty. If you sign a full release now, you generally cannot claim more later if symptoms worsen. If your losses may exceed the at‑fault driver’s policy, notify your UIM insurer and get consent before you accept the at‑fault limits and sign a release.

Process & Timing

1. Who files: The injured person (through counsel). Where: North Carolina District or Superior Court, depending on the amount claimed. What: Insurance claim first; if unresolved, file a civil Complaint. In Superior Court cases, the court issues an Order for a mediated settlement conference. When: File suit within the general three-year limitation for most personal injury claims; obtain UIM consent before settling with the at‑fault insurer.
2. Mediation and settlement: Most Superior Court cases go to mediation. If you settle, the agreement must be written and signed. Settlement terms typically include a full release and a dismissal with prejudice.
3. Finalizing: After settlement: resolve medical liens, execute the release, receive funds, and file a dismissal. If no settlement, the case proceeds through discovery and, if necessary, trial where future damages can be presented with medical testimony.

Exceptions & Pitfalls

• Contributory negligence: If you were even slightly at fault, recovery can be barred in North Carolina; evidence and expert support matter.
• Releases close claims: A full and final release usually prevents any later recovery for worsening symptoms unless the agreement expressly leaves medicals open (rare) or contains a limited carve‑out.
• UIM consent trap: Settling with the at‑fault carrier without your UIM insurer’s consent can forfeit your UIM rights.
• Medical lien compliance: Unresolved provider, Medicare, or Medicaid claims can delay payment and create exposure; address liens as part of settlement.
• Documentation gaps: Irregular treatment or missing medical opinions about prognosis weakens future-damages claims.

Talk to a Personal Injury Attorney

If you’re dealing with a concussion that may require long‑term treatment and you’re unsure when to settle, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.