Car accident injuries that are not immediately apparent are still able to be claimed or sued for compensation. Handling this type of injury, though, is different than when an individual’s injury is immediately apparent following the accident.
The Effect of Statutes of Limitations
Most states and the federal government have statutes of limitations in effect that govern the length of time an injured party has to file a lawsuit for his damages. Whether or not these rules also apply to an insurance claim is entirely dependent on state law. Typically, these statutes provide two years from the date of the accident for a party to file a lawsuit. However, most statutes also say that, for injuries that are not immediately apparent, an injured party has two years from the date of discovery or the injury or the date on which the injury should have been discovered to file a complaint.
Difficulties Posed by Delayed Symptoms
An injury with delayed symptoms makes it more difficult to prove that the injury is related to the accident and that its costs are therefore compensable. Through the use of medical records, though, it is not impossible to prove damages.
It is also difficult to prove a relationship between the accident and the injury. Because of the length of time that may have passed since the accident occurred and the injury appeared, numerous factors could have caused the injury. Age, general health and other accidents in the timeframe since the car accident make proving a causal relationship between car accident and injury more difficult.
Compensation Amounts
The same amount and types of compensation awardable to an individual that is immediately injured from a car accident are available to an individual with delayed symptoms. However, purely because of the length of time since the accident, the injured party may not receive certain types of compensation. Lost wages, pain and suffering and emotional distress are typical damages that can be reduced as time passes. This is purely because of the difficulty of proving a relationship of these damages to the accident.
Compensation for medical bills may also be affected negatively by the passage of time. Even if the patient saw a doctor prior to symptoms developing, there may be no way to prove that the physician visits were due to the accident. Therefore, the amount of compensation awarded to the injured party may be reduced.
Seeking Legal Advice
If you have been involved in a car accident and your symptoms are only now appearing, seek legal advice. A lawyer will review the likelihood of your obtaining compensation for your injuries in light of the amount of time that has passed.
