What if my injury gets worse later?
Quick Answer
This is the question people usually ask too late.
A settlement is normally final. You accept a figure, the claim closes, and that is the end of it — even if two years later the injury turns out to be worse than anyone expected. You cannot go back for more because you were unlucky.
There is one important exception.
Provisional damages
Where there is a real risk that a specific, serious deterioration might happen in future, a court can award provisional damages: compensation for your condition as it stands now, with the right preserved to return for more if that particular deterioration actually occurs.
You are not compensated up front for something that might never happen. You are compensated for where you are, and protected in case the worst does happen.
When it applies
It is not for ordinary uncertainty. Most injuries carry some chance of not recovering perfectly, and that is priced into a normal settlement.
Provisional damages are for a defined, identifiable risk of something serious and separate. Typical situations:
- Head injuries carrying a recognised risk of epilepsy developing later
- Asbestos exposure, where pleural plaques or thickening may later be followed by a malignant condition
- Serious joint or spinal injury with a real prospect of arthritis or a later operation
- Industrial disease where a condition may progress
The common thread is that a doctor can point to a specific future event and say it is a genuine risk — not merely that things might not go well.
Why it has to be raised early
This is the part that matters practically: provisional damages have to be sought before the claim settles. Once a claim is closed on ordinary terms, that option is gone.
So if your medical evidence mentions any risk of future deterioration — epilepsy, arthritis, a condition that could progress — ask your solicitor directly:
"Is this a case where provisional damages should be considered?"
It costs nothing to ask, and it is a question people frequently do not know exists.
The trade-off
There is one, and it should be stated plainly.
Taking provisional damages usually means accepting a lower figure now than you would get if the claim were settled on the basis that the worst might happen. You are trading some money today for protection tomorrow.
Whether that is the right deal depends on how likely the deterioration is, how serious it would be, and your own circumstances. Someone who needs money now may reasonably choose differently from someone who does not. It is a genuine decision, not a formality — and it is one to take with advice rather than alone.
If you have already settled
If your claim closed on ordinary terms and your condition has since worsened, the position is usually that the claim cannot be reopened. That is hard, and it is why the question is worth raising before settlement rather than after.
It is still worth speaking to a solicitor. Whether anything can be done depends on exactly how the claim was settled and what was known at the time.
Frequently asked questions
Can I just make a new claim if my injury gets worse?
Generally no. A settlement normally covers the injury and everything flowing from it. Provisional damages are the recognised route to keeping the door open, and they have to be arranged in advance.
Does it cost me anything to ask?
No. It is a question for your solicitor as part of assessing the claim.
Will the other side agree?
Insurers often resist, because it leaves their exposure open. It can be ordered by the court where the test is met.
Is there a time limit on coming back?
The order itself normally sets out the period and the specific deterioration it covers. Ask what yours says before you agree to it.
How do I know if my case qualifies?
It turns on your medical evidence. If a report mentions a future risk of a specific condition, raise it.
Sources
- Administration of Justice Act 1982, s.12 — provisional damages in Scotland
- Scottish Courts and Tribunals Service
General information, not advice. Whether provisional damages are appropriate depends entirely on your medical evidence — ask your solicitor before settling.
Related Guides
Last reviewed: by the Personal Injury Claims Scotland editorial team