Delayed Onset Injuries After a Car Accident
Many car accident injuries are immediately noticeable. However, not all victims feel injury symptoms right away. Delayed onset injuries are relatively common after automobile accidents in California. In this unique situation, it is important to understand how to protect your legal rights.
Not everyone who walks away from a car accident feeling fine has actually escaped without injury. The individual may have injuries with symptoms that are delayed or hidden. The adrenaline caused by the car accident, for instance, could mask pain associated with an injury. It may take hours or even days for the victim to notice that something is amiss.
Common examples of delayed onset injuries include:
- Brain injuries
- Concussion
- Whiplash
- Soft-tissue injuries
- Back injuries
- Herniated disks
- Internal injuries
- Nerve damage
- Emotional trauma
Certain injuries may not show signs until the damage has escalated enough to cause noticeable symptoms. Signs that may eventually point to a delayed onset car accident injury include a persistent headache, pain anywhere in the body, abdominal pain or swelling, numbness, and personality or behavioral changes.
How to Handle Delayed Onset Injuries
The possibility of a car accident causing injuries with delayed symptoms is why you should always see a doctor immediately after a car accident, even if you feel fine. Getting professional medical care can lead to a prompt diagnosis of your injuries, potentially before symptoms arise. Getting treated right away could prevent complications associated with your injuries and potentially save your life.
On a legal level, prompt medical care is key to building a strong car insurance claim or personal injury lawsuit with a specialized injury attorney in Los Angeles. Going to a hospital right away can show an insurance company that you did everything in your power to detect and treat car accident injuries. Delaying medical care, on the other hand, could lead to accusations that you failed to mitigate your injuries and losses. Document your symptoms, medical treatments and pain levels.
What Is the Time Limit to File a Delayed Car Accident Injury Case?
In general, you have no more than two years from the date of your car accident to file a related personal injury claim under California’s statute of limitations (Code of Civil Procedure § 335.1). In the case of delayed injury discovery, however, the clock on the statute of limitations is paused until the date that you discovered (or reasonably should have discovered through due diligence) your injuries.
Legal Implications of Delayed Onset Injuries
Delayed symptoms can have legal implications when it comes to recovering financial compensation for your car accident. If there is a gap in time between the date of the car accident and the date of your injury diagnosis, it can be difficult to establish a clear connection between the two. The car insurance company may try to blame your injuries on an unrelated incident.
In this situation, the best way to protect your rights is by hiring a Los Angeles car accident attorney to represent you. An attorney can help you document your delayed onset injuries and establish their connection to the automobile crash. Your attorney can hire medical experts and take action to maximize your financial recovery.If you have a car accident case involving delayed injuries, don’t hesitate to contact Rose, Klein & Marias, LLP for a free consultation.