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Delayed Symptoms After an Accident: What Do They Mean for Your Case?

June 30, 2023 | Category: Automobile Accidents | Share

When you get injured in a car accident, you might experience a variety of symptoms right away. Pain, limited mobility, weakness, and fatigue are all common symptoms of traumatic injuries, and many accident victims will experience these symptoms immediately after a collision.

But delayed symptoms are common as well. There are two main reasons why. First, the adrenaline from being involved in a serious accident can mask the symptoms of a traumatic injury. Even when accident victims suffer severe injuries—like concussions, spinal cord injuries, and bone fractures—they may not realize that they have been injured until their adrenaline rush wears off. Second, with internal injuries, it can take time for symptoms to appear. While internal bleeding, organ damage, and other similar types of injuries can have serious and long-term effects, accident victims often will not know that they have suffered these injuries until days, or even weeks, after being injured.

After a car accident, it is important to take legal action as soon as possible. So, if you are experiencing delayed symptoms after a car accident, what does this mean for your case? Fort Myers car accident lawyer Randall L. Spivey explains below.

Recovering Proper Compensation After a Car Accident When Your Symptoms are Delayed

If you are experiencing delayed symptoms after a car accident, the most important thing you need to know is that you can still assert your legal rights. Delayed symptoms are not uncommon, and when your doctor diagnoses your condition, he or she should still be able to pinpoint the timing of your injury.

With that said, it is extremely important that you see a doctor as soon as possible. This is true regardless of whether you saw a doctor immediately after your collision. When pursuing a car accident claim, having medical records that prove the cause of your injuries is key—and the sooner you see a doctor, the more useful your medical records will be.

Even if your new symptoms are related to an injury that you have already had diagnosed, you will want to see a doctor to document these additional effects. Additional symptoms could also be a sign that you need more treatment. After a serious car accident, protecting your health and protecting your legal rights go hand-in-hand, and you should not hesitate to see a doctor (or talk to a Fort Myers car accident lawyer) any time you have concerns.

Unfortunately, while auto insurance covers injuries that have delayed symptoms, you can expect the insurance companies to fight liability if you did not receive a diagnosis and begin treatment immediately after your car accident. They will most likely argue that either: (i) you are responsible for your own medical condition because you did not get treatment promptly, or (ii) you cannot prove that you suffered your injuries in the crash.

However, while these are common insurance defense tactics, they can be overcome with the right approach. If you see a doctor promptly and hire a Fort Myers car accident lawyer to represent you, your lawyer can use your medical records to prove the cause (and the long-term effects) of your injury. If the insurance companies still refuse to settle, your lawyer can take your case to court and use your medical records as well as your doctor’s expert testimony to demonstrate that you are entitled to proper compensation.

What to Do if You Are Experiencing Delayed Symptoms After a Car Accident

Various types of traumatic injuries can have delayed symptoms. If you are experiencing delayed symptoms, you are not alone, and you should not let this deter you from filing a claim. Instead, you should take the following steps as soon as possible:

  • See a Doctor – When experiencing delayed symptoms after a car accident, you should see a doctor as soon as possible. During your appointment, describe your symptoms in detail, and tell your doctor that you were recently involved in a car accident. Answer your doctor’s questions as thoroughly as possible and undergo all testing your doctor recommends.
  • Follow Through with Your Treatment – Since insurance companies will often claim that car accident victims are responsible for their own delayed symptoms, it is especially important to follow through with your doctor’s treatment recommendations in this scenario. If you do everything your doctor says, the insurance companies will not reasonably be able to blame you for your injury.
  • Talk to a Fort Myers Car Accident Lawyer – To maximize your chances of securing appropriate compensation, you should talk to a lawyer as soon as possible. Once hired, your attorney can investigate the accident, help make sure you have the medical documentation you need, and deal with the insurance companies on your behalf.

To be clear, while you may have clear legal rights, asserting your rights may be a bit more difficult when delayed symptoms result in a delayed diagnosis. Still, it is not impossible—not even close. With today’s medical technology, doctors can often precisely diagnose the timing and cause of an injury long after it occurs, and judges (and insurance companies) know that delayed symptoms after a car accident are a very real possibility.

Delayed Symptoms After a Car Accident? You Have Clear Legal Rights

No matter when you experience symptoms, if you were seriously injured in a car accident that was someone else’s fault, you have clear legal rights. By hiring an experienced lawyer to help you assert your legal rights, you can give yourself the best chance of recovering the financial compensation you deserve.

Discuss Your Legal Rights with Fort Myers Car Accident Lawyer Randall L. Spivey

If you need to know more about what to do after a car accident in Fort Myers, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. promptly for a free, no-obligation consultation. To discuss your case with lawyer Randall L. Spivey in confidence as soon as possible, call 888-477-4839 or reach out online today at Spiveylaw.com.

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