If you’ve been injured in a car accident, you will likely file a claim through the insurance company of the at-fault driver. When you submit the claim, they often request documentation that supports your claim of injuries. Once you provide that documentation, the insurance company will likely assume it is aware of the full extent of your injuries and press to settle the claim.
However, it is not uncommon for the symptoms of car accident injuries to develop days or even weeks after the crash. The car accident attorneys at J.D. Silva & Associates provide the following guidance for individuals pursuing a car accident claim with delayed injuries.
Some Injury Symptoms May Have Delayed Onset After a Car Accident
A car accident is often a traumatic experience for the body. Trauma signals danger, and the body responds to sudden threats by releasing hormones to help the body prepare to either fight or flee. These hormones provide the body with increased energy and strength, while also helping to minimize pain and stress for some time after the accident.
This biological response is often the reason a person may state they are not injured at the scene of an accident, only to experience symptoms later. In many situations, you may not feel the extent of your injuries until hours or even days later, once the hormones subside and the body returns to a calmer state.
The force created by the rapid change in momentum during a crash can cause injuries to soft tissue, including muscles, tendons, and ligaments. These injuries are often not visible, and it may take time to determine their full extent. Inflammation is the body’s response to injury, and symptoms such as pain, stiffness, and swelling can take days or, in some cases, weeks to develop.
Delayed Injury Symptoms to Look Out For
Some injury symptoms that may not appear immediately include:
- Headaches
- Neck pain/stiffness
- Blurred vision
- Dizziness
- Nausea
- Back or shoulder pain/stiffness
- Confusion/concentration issues/mood changes
- Sleep disturbances
- Numbness of limbs/nerve issues
It is always recommended to get a medical checkup after a car accident, even if you don’t feel injured. Some delayed symptoms may indicate a serious injury that could be detected more quickly by a doctor who knows what to look for.
How An Insurance Company Might Respond to a Delayed Injury Claim
An insurance company will likely respond to a delayed injury claim with suspicion. It will want to know why the injury is only now being claimed, and it may look for evidence to show your car accident was not the cause.
A delayed injury claim will likely prompt the insurance company to investigate other possible causes of the injury. Did the delayed injury pre-exist the accident? Or was the injury actually caused by an event that occurred after the accident? This is why an early medical evaluation can be so important.
A pre-existing condition or injury exacerbated by a car accident does not prevent you from collecting related damages. However, you may need to provide evidence of how the accident exacerbated it. Proving the new injury will usually require a more in-depth review of medical records and probably the opinion of a medical expert.
Due to the insurance company’s need for additional investigation following a delayed claim of injuries, this can delay an appropriate settlement offer. However, you can often establish credibility by honest communication with medical providers about previous conditions or injuries in addition to keeping a written record of the injuries sustained in the accident, along with their impact on your daily life.
What to Do If Your Injuries Develop After Your Initial Accident Claim
As an example, let’s say you were rear-ended on the way to work. You were thrown forward and back pretty hard, but figured you were just shaken up and told the police officer that you didn’t think you were injured. You got to work and reported the accident to the insurance companies – still not certain about any injuries.
Driving home, you realize you have a pretty bad headache and your vision is blurry. Over the next few days, your neck and back become stiff and painful, forcing you to take time off work. You decide to notify the insurance companies that you were injured. You can do several things to protect yourself and support a higher recovery.
Consult an Attorney
This might be a good time to reach out to a car accident attorney (offering a free consultation) so you don’t get caught off-guard by the interrogation you’re going to get from the insurance company. Speaking with an attorney may also help you avoid accidentally damaging your case while speaking with them about your delayed reporting of the injuy.
See a Doctor
If you didn’t go to a doctor right after the accident, get a medical evaluation of your symptoms as soon as possible. It is typically easier to connect your injuries to the accident when you seek medical attention sooner rather than later.
Record Your Experience
Keep an ongoing, written record of the symptoms you experience and their impact on you. Record when and where you have pain. Consider logging the effects on your emotional health? What limitations or challenges are you facing as you go about your daily activities? Detailed descriptions will be more persuasive than general notes.
Don’t Be Pressured to Settle
Don’t let an insurance company pressure you into settling a car accident claim until you are certain about the extent of your injuries, the treatment you need, and how your life will be impacted as you move forward.
You have the right to deny settlement offers in pursuit of something that is fair and appropriate to cover your damages.
Prove Delayed Injuries in Your Car Accident Claim with Help From a Pearland Car Accident Lawyer
If another driver causes an accident that leaves you injured, you may be entitled to compensation for the losses you sustain. It is not uncommon for injury victims to identify injuries in the days and weeks following an accident, and that shoudl not prevent you from recovering damages for delayed injuries, as long as a claim is made within two years of the accident.
At J.D. Silva & Associates, experienced car accident attorneys fight on your behalf to help you recover fair compensated for all of your damages. If you were injured in a car accident, book a free consultation with J.D. Silva & Associates, where winning for you is the only option.