Car accidents are often traumatic, even when they seem minor at first. Many people believe that if they feel fine immediately after a crash, they walked away unscathed.
But what if your injuries show up weeks after the car crash? This scenario is more common than you might think, and understanding your rights and options in a situation like this is important to ensuring that you take care of yourself physically, emotionally, and financially.
What if my injuries show up weeks after a car crash?
- Delayed injuries are common: Whiplash, concussions, back injuries, internal bleeding, and PTSD may take days or weeks to appear after an accident.
- See a doctor immediately: Medical evaluations help diagnose and document the injury’s connection to the crash, even weeks later.
- Medical specialists matter: Experts like neurologists and orthopedists strengthen your claim by linking symptoms to the accident and detailing your future care needs.
- You can still file a claim: Arizona law allows 2 years to file a claim—even if symptoms appear late—though insurers may challenge you without strong proof.
- Compensation may cover: Medical bills, lost wages, pain and suffering, and future care. A car accident attorney can help calculate and defend your full damages.
- Act fast when symptoms appear: Document everything, notify your insurer carefully, and contact a lawyer to protect your rights and build a strong case.
How Injuries Can Appear Weeks Later
After an accident, your body goes into shock. Adrenaline floods your system, which can mask pain and other symptoms. Only after your body relaxes in the following days or weeks might you notice something is wrong.
This delay can happen with several types of common injuries:
- Whiplash: Symptoms like neck pain, stiffness, and headaches often take days or weeks to appear. This soft tissue injury is common in car accidents, particularly rear-end collisions.
- Concussions or Mild Traumatic Brain Injuries: You don’t have to lose consciousness to suffer a concussion. Symptoms such as dizziness, headaches, memory problems, and irritability may not show up right away.
- Back Injuries: Herniated discs or muscle injuries in the lower back can develop or worsen over time, leading to chronic pain.
- Internal Bleeding: Although rare, this life-threatening condition can remain asymptomatic for days until bruising, fatigue, or abdominal pain begins.
- Psychological Injuries: Anxiety, depression, Post-Traumatic Stress Disorder (PTSD), and other mental health conditions related to the crash often have delayed onset.
These delayed-onset injuries can disrupt your life just as much as those that appear immediately. It’s important to take action when symptoms surface, even if significant time has passed since the accident.
Should You Still See a Doctor Weeks After the Accident?
If you notice symptoms weeks after a crash, seeking medical attention is essential. A doctor can evaluate your condition and determine if the accident caused your injury. This connection between the injury and the accident is important if you choose to pursue compensation. Even if some time has passed, documentation of your symptoms and medical visits will be key to strengthening your claim.
Be honest with your doctor about the timing of your symptoms and how they connect to the accident. Follow their treatment recommendations closely, whether that involves imaging tests, physical therapy, medications, or seeing specialists.
Your medical records will serve as valuable evidence for your case.
How Medical Specialists Help Prove Delayed Injuries
When injuries from a car accident show up weeks later, proving their connection to the crash may seem like an uphill task. This is where medical specialists are irreplaceable.
They focus on specific areas of the body and provide the detailed assessments needed to create a strong link between the accident and delayed-onset symptoms.
Diagnosing Less Obvious Injuries
Neurologists and orthopedic surgeons are two examples of specialists who often evaluate car accident victims. Suppose you experience lingering headaches, dizziness, or mental fog weeks after a collision.
In that case, a neurologist can check for signs of a concussion or other brain injuries that may not have been detected during an initial ER visit. Similarly, if you develop back pain or stiffness, an orthopedic surgeon can determine whether the car crash caused disc injuries, fractures, or other musculoskeletal issues.
Documenting medical evidence
Specialists don’t just diagnose injuries; they also create detailed medical records that connect symptoms to the accident. For example, an orthopedic surgeon may identify a herniated disc and explain how the sudden force from a rear-end collision caused the injury. This documentation can be used to counter insurance adjusters who may claim the injury wasn’t related to the crash.
Supporting Future Care Needs
Delayed injuries often require ongoing treatment. Specialists can outline what your recovery may look like, from therapy sessions to potential surgeries. For instance, a neurologist treating chronic migraines after a concussion can detail how much care you’ll need in the coming months. This helps ensure you don’t miss out on fair financial compensation for future medical costs.
Real-World Example
Imagine you were rear-ended, and a few weeks later, you begin to feel constant lower back pain. At first, it’s easy to dismiss as something minor, but the pain worsens. After visiting an orthopedic surgeon, you discover a herniated disc caused by the accident.
The surgeon’s records confirm this disc damage is consistent with the type of force in a rear-end crash. These records are then used to show the insurance company exactly how the collision caused the injury, leaving no room for doubt.
Working with the right medical specialists strengthens your case when injuries don’t appear right away. Their insights help ensure your delayed symptoms are taken seriously and connected to the accident, giving you the foundation needed to secure fair compensation.
Can You Still File a Claim for Late-Showing Injuries?
Arizona law allows you to seek compensation for injuries caused by another person’s negligence, even if those injuries appear after the accident. However, there are a few challenges you may face when pursuing a claim for delayed-onset injuries:
1. Arizona’s Statute of Limitations
Arizona law generally gives injury victims two years from the date of the accident to file a personal injury claim. This two-year time frame means you have time to assess your injuries and gather evidence—even if your symptoms show up several weeks later. However, delaying beyond the two-year window will likely result in losing your right to pursue compensation.
2. Insurance Adjusters
Insurance companies often scrutinize delayed-onset injuries. They may question whether the injuries came from another incident or argue they aren’t as severe as claimed. Documentation from your doctor will help counter these tactics.
3. Proving Liability
Arizona follows a "fault-based" system for car accidents. This means the party at fault for the crash is legally responsible for your injuries. It’s important to establish evidence of how the other driver’s actions led to the crash. Police reports, eyewitness accounts, dashcam footage, and accident reconstruction can all help strengthen your case.
What Compensation Can You Seek After a Car Accident?
When your injuries appear weeks after a car crash, you may still be eligible for various forms of compensation to help cover your losses:
- Medical Expenses: This includes hospital stays, doctor visits, rehabilitation, ongoing therapy, and prescription medications. For delayed-onset injuries, covering future treatment will also be important.
- Lost Wages: If your injury forces you to miss work or reduces your earning capacity, you have the right to recover lost income.
- Pain and Suffering: Non-economic losses, such as physical discomfort, emotional distress, or reduced quality of life, are also compensable.
- Property Damage: Don’t forget the repair or replacement costs for your vehicle or other damaged property.
An injury lawyer can examine the details of your case and determine the full extent of compensation you may deserve.
What to Do When Symptoms Appear Later
If weeks have passed since your car accident and you’re noticing symptoms, here’s what you should do:
Visit a Doctor Immediately
Schedule an appointment with a medical professional as soon as possible. Describe your symptoms in detail and tell them about the car accident. Timely diagnosis and treatment are not only crucial for your health but also help establish the connection between your injury and the crash.
Document Your Symptoms
Keep a record of your symptoms and how they develop over time. Write down when you first noticed them, how they affect your daily life, and whether they improve or worsen with treatment.
Request Copies of Your Medical Records
Obtain and keep copies of your medical evaluations, imaging test results, and treatment plans. These documents serve as valuable evidence when filing an insurance or legal claim.
Track Related Expenses
Record all accident-related costs, including co-pays, transportation to medical appointments, and any home care assistance. These may be claimed as part of your compensation.
Notify the Insurance Company
If you haven’t already, inform your insurance company about the accident and mention the emergence of new symptoms. However, be cautious when discussing details about your condition without consulting an injury lawyer first. Insurance adjusters may use your statements against you.
Seek Legal Advice
Contact an injury attorney to discuss your late-appearing symptoms. They can assess the viability of your claim and take over communication with the insurance company to protect your rights.
Delayed Symptoms and Pre-Existing Conditions
Insurance companies sometimes argue that delayed-onset injuries are unrelated to the crash. This is especially true if you have a pre-existing condition. For example, if you’ve had chronic back pain and a car accident worsens it, the insurance company might claim the injury wasn’t caused by the crash.
However, Arizona law states that you can recover damages even if the accident caused an existing condition to worsen. Clear medical documentation and testimony from your doctor explaining how the crash aggravated your condition can make a significant difference in proving this.
Can Delayed Injuries Still Lead to a Settlement?
Many delayed-onset injury cases are settled out of court. If there’s strong evidence linking your injury to the accident, the insurance company may offer a settlement to avoid the cost and risk of a trial. However, not all settlements are fair.
Some insurers may offer less than you truly deserve, hoping you’ll accept it quickly. An injury lawyer can help ensure the settlement reflects the true value of your damages, including any ongoing medical needs or long-term effects of the injury.
Why Acting Quickly Matters
While delayed-onset injuries are common, waiting too long to act can create challenges. Insurance adjusters may argue that the injury wasn’t caused by the accident if you wait months to seek treatment or file a claim. Acting as soon as your symptoms appear improves your chances of a smooth claims process and adequate compensation.
When to Ask for Legal Help
If you’re unsure about what steps to take after symptoms appear, an attorney can offer guidance. They can review your situation, explain your rights, and handle communication with the insurance companies. Attorneys can also ensure that you meet critical deadlines, such as Arizona’s statute of limitations for filing a lawsuit.
This situation happens more often than people realize, and you have the right to pursue compensation for your injuries. Gallagher & Kennedy understands the challenges of delayed-onset injuries and insurance companies' tactics to minimize your claim. We’re here to help you every step of the way.
If you’ve been injured in an accident and need legal support, call Gallagher & Kennedy’s Phoenix office at (602) 530-8400 to schedule a consultation. We’re here to help you get the recovery you deserve.