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Delayed injuries after a car accident: Can you still file a claim?

On Behalf of | Dec 17, 2024 | Car Accidents

Car accidents are often chaotic and stressful, and your body might still run high from the adrenaline a few hours later. This can lead you to ignore minor aches or pains, thinking they are just from the stress of the accident. However, these symptoms can point to more serious hidden issues.

What are the common types of delayed injuries?

Delayed injuries, also known as latent injuries, after a car accident can be particularly dangerous because they may worsen over time if left untreated. This can lead to chronic pain, long-term disability and even life-threatening complications. Some common types of delayed or latent injuries after a car accident include:

  • Whiplash and muscle injuries: These often affect the neck and back, causing pain, stiffness and reduced range of motion.
  • Traumatic brain injuries: Symptoms may include headaches, confusion, memory problems or mood changes.
  • Internal injuries: These can include internal bleeding or organ damage, which might not show immediate symptoms but can be life-threatening.
  • Psychological trauma: Conditions like Post-Traumatic Stress Disorder (PTSD) or anxiety disorders may develop over time.

Injuries like these can be both medically serious and legally complex, especially if the accident resulted from the negligence of another driver. But while they can present some challenges, they don’t automatically disqualify you from seeking compensation.

Until when can you file a claim?

In Tennessee, you have one year from the date of a car accident to file a personal injury lawsuit. However, there is some flexibility in cases of delayed injuries. Usually, the clock doesn’t begin until the person discovers or reasonably should have discovered the injury.

The injured party must prove that their delayed discovery was reasonable under the circumstances. As such, it is important to get comprehensive medical evaluations after an accident, stay alert for new symptoms and keep detailed records.

It’s crucial to act promptly

If you’re dealing with delayed injuries after a car accident, don’t hesitate to seek professional legal advice. An attorney can evaluate your specific situation and help you explore your options.