If you’ve been in an accident, you may not realize that you have injuries right away. Often, pain comes a week or even longer after the accident. You may not even realize that your accident caused the pain until you see a medical professional. Having delayed pain after a car accident is more common than you might think. You may wonder if you can still claim an injury with insurance and how much time you have to do so. Let’s look at what kinds of injuries commonly appear after an accident and what to do about delayed pain.
Why Didn’t I Feel Injured Sooner?
At the scene of an accident, your body copes with the stress and pain by releasing powerful chemicals that help you feel better. These hormones include cortisol and adrenaline. These chemicals help you adapt to stress and feel good. They numb pain and increase your energy levels and blood flow. You may feel perfectly healthy immediately after an accident but face serious injury a few weeks later.
It is crucial not to discuss a lack of injury at an accident scene or in the weeks ahead without discussing the implications with your attorney. If you are careful about what you say, it is easier to claim injuries if they appear unexpectedly later. However, whether you admit to injury at the scene of an accident or not, you still have the right to compensation if you face delayed injuries.
What Types of Injuries Cause Delayed Pain?
Many types of injuries take days or weeks to show up. With an injury such as whiplash, you may not feel the pain immediately. “Soft tissue damage such as ligament or muscle strains take time to develop because the inflammation, swelling, and stiffness don’t occur immediately.” (1)
According to Reid Physicians Group, if you damage a disc in your spine, the subsequent bulging or herniation can press on nerves causing pain. Other common delayed symptoms after a car accident may include:
- Headaches
- Nausea
- Dizziness
- Pain in the Abdomen (could indicate slow internal bleeding)
- Blurry vision
- Difficulty remembering things or problems concentrating
- Agitation or depression
- Trouble sleeping
- Swelling or inflammation
- Back or shoulder pain
- Neck stiffness
- Numbness and tingling in your hands or feet
- Reduced range of motion
The above is not a comprehensive list of injuries that might occur for you following an accident. It is crucial to seek medical treatment after an accident, whether you feel good or not. A medical doctor may see something that you would miss, mainly because the “feel good” hormones course through your entire system immediately following an accident.
Brain injuries are the third most common injuries sustained in car accidents. According to aica.com, “If you or a loved one has been in a car accident and you begin to notice signs of subtle behavior changes, this could be your brain telling you something is wrong. Concussions from a car accident can lead to personality changes as well as memory problems, vision or hearing issues, or depression.”
It is a good idea to see a doctor immediately following an accident and also later on if you have any symptoms related to the accident.
You Have Time
In Texas, the statute of limitations on making an insurance claim is 2 years. Whether an adjuster at the insurance company tells you that your case is closed or not, you have time. Working with a personal injury attorney can assure that you get the reimbursement you need for injuries sustained.
The law states that you must file your personal injury lawsuit in a court of law no later than two years after the event that caused your injury. Filing for civil damages for another driver’s fault or negligence can bring you the settlement you deserve for injuries, whether delayed or not.
Waiting past the 2-year deadline means you no longer have a bargaining chip for settlement with an insurance company.
Exceptions to the Statute of Limitations
According to Texas law, If you are under 18 or have a legal disability (induced coma, brain injury, etc.), you may have more than two years. The courts may consider the two years starting when you turn 18 or are competent to file a case. This extra leeway gives a bit more time to those who need to think about what has happened but couldn’t yet understand the law comprehensively.
Also, if the other driver leaves the state and you can’t file against them yet, the court may start the two years after they return to the state. This leeway gives you time to file against someone who may be trying to escape any civil penalties for their actions.
We Can Help
At Jarrett Law, we work to defend your rights as an injured party in an accident. We understand that certain types of injuries don’t make themselves known immediately following an accident. Delayed injuries deserve treatment as much as the immediately obvious ones. Our experienced personal injury legal team helps you navigate the confusing landscape of judicial process so that your injury settlement will cover your lost wages, medical treatments, and pain and suffering. Contact us today and find out how we can help.