Sometimes, symptoms of car accident injuries develop hours or even days after a crash. Pain, stiffness, swelling, and other symptoms may not be obvious right away. In fact, you may think you are fine, only to realize you are hurt later.
If this happens to you, Ohio law allows you to pursue compensation for these injuries. However, you must handle the situation carefully to ensure your delayed injuries are well-documented and tied to your crash. Working with a car accident lawyer can help ensure you get fair treatment from the insurance companies and pursue compensation for your full range of damages.
Why Do Car Accident Injuries Sometimes Show Up Later?
When you are hurt in a crash, your body exhibits a stress response that can prevent you from feeling pain and mask other symptoms temporarily. Some types of delayed onset injuries could include:
- Neck and shoulder injuries
- Joint injuries, such as knees, ankles, or wrists, or soft tissue damage
- Concussions and traumatic brain injuries that could have subtle symptoms such as headaches and dizziness
- Back injuries, such as herniated discs
- Internal injuries and internal bleeding, which could cause bruising and abdominal pain several hours or days after a crash
- Psychological trauma, including anxiety and PTSD
Injuries that have delayed symptoms are just as serious and valid as those that are immediately apparent after a crash. However, it can be more difficult to document delayed injuries. It is critical to get the treatment you need as soon as possible once symptoms begin.
Delayed Injuries and the Ohio Statute of Limitations for Injury Lawsuits
Ohio law, specifically Ohio Revised Code Section 2305.10, gives you up to two years after an injury collision to file a lawsuit. This is the general rule, though there are exceptions. This deadline applies in most car accident cases and could pay for crash injuries you uncovered at any time during this two-year period.
However, proving the connection between your injury and the crash could become more difficult the longer it takes for symptoms to appear and for you to get treatment. To this end, you should ensure that you:
- Seek medical attention as soon as your symptoms begin
- Follow all treatment recommendations
- Notify your lawyer about any new or worsening conditions as soon as possible
What If You Settled Your Crash Claim and Then Discover Additional Injuries?
Once you accept a settlement from the at-fault driver’s insurance carrier, you usually cannot go back and ask for more money. Settlement agreements usually include a release of liability. This release ends your right to sue or demand additional compensation in exchange for the payout you are accepting.
This is one reason why you should never accept a quick insurance claim settlement after a crash. You may not know the full extent of your injuries or the amount you are going to owe for your care. You should always discuss any settlement offer with an attorney familiar with your case before signing an agreement.
Your attorney will ensure you are pursuing fair compensation for your injuries, damages, and future care needs. You do not want to settle for less than it will cost you to get the treatment and rehabilitation you need.
Protecting Your Rights After Suffering Collision Injuries
Even if you do not have significant injuries after a car crash, it is still a good idea to:
- See a doctor for an assessment for any pain or other injury symptoms as soon as possible
- Tell the healthcare provider you were in a car accident so they can document your injuries properly
- Ensure you show the doctor all bruises, lacerations, and swelling, even if you believe they are minor
- Monitor how you feel over the next several days and see a doctor again if you have additional symptoms
- Avoid making statements that indicate you are not injured or only have minor injuries when talking to the doctor, insurers, or other parties
- Speak with a personal injury attorney about your legal options
A lawyer can assess whether a delayed injury may still be compensable, help you document the injury, and build a compelling claim to recover compensation.
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What Types of Compensation Are Available in a Car Accident Claim?
When you suffer a delayed injury after a car accident, you can still recover the same types of damages for those injuries as you can for other collision injuries. This could include:
- Medical expenses, including future treatments and therapies
- Lost wages if you missed work or cannot return to work because of the injury
- Pain and suffering for previous and ongoing discomfort
- Emotional distress if your injuries cause anxiety, PTSD, or other mental health concerns
To recover this compensation, you must have evidence to show that the injury was caused by the accident. This is why having your doctor document your injuries is so important. Without strong medical records, you might face allegations that:
- Your symptoms are not related to the crash
- You are exaggerating the severity of the injury
- You waited too long to report it
- You had a pre-existing condition
Your car accident attorney will know how to use medical records, expert opinions, and evidence from the crash to develop a convincing claim that allows you to recover compensation for your full range of injuries, including those that had delayed symptoms. They will talk to the insurance company for you and negotiate to try to recover the money you deserve or sue if necessary.
Discuss Your Ohio Car Accident Case With Our Team
Contact our law firm, The Fitch Law Firm LLC, for a free consultation. We will ensure you understand your rights, evaluate your case, and help you take the next steps to recover fair compensation. We do not charge any upfront costs and offer a free initial case consultation. We have helped accident victims get justice since 1980. Call us today to get started.
