Not every injury is immediately apparent after an accident. Some ailments may take hours, days, or even weeks to show noticeable symptoms. If you were recently involved in a car accident in California and are only now realizing you may be injured, you may be wondering whether you can still pursue legal action and compensation. Understanding your rights and options is crucial during a time like this. To discover whether you can file a claim for a delayed injury, continue reading and contact a knowledgeable San Mateo County, California motor vehicle accident lawyer today.
What is a Delayed Injury?
A delayed injury is one where symptoms don’t appear right away after an accident. You may feel fine only to discover an underlying condition or issue later on. Common delayed injuries include:
- Whiplash
- Soft tissue injuries
- Concussions and mild traumatic brain injuries (TBI)
- Herniated discs
- Internal bleeding
- Organ damage
- Psychological injuries like PTSD
Some injuries are slower to reveal themselves, but in some cases, adrenaline or shock can temporarily mask pain, preventing you from discovering the issue right away.
Can I File a Claim for a Delayed Injury After an Accident in CA?
Yes, you can file a personal injury claim in California for a delayed injury. Even if your injuries were not noticeable immediately after your accident, the most important factor is whether you can establish a direct link between the incident and your delayed symptoms.
California law allows victims to seek compensation for injuries discovered after the initial incident. However, it’s important to note that waiting too long can complicate your case. Insurance companies may use the delay to argue that because you did not report the injury right away, it must have been caused by something else that happened after the accident.
To protect your right to compensation, the most important step is seeking medical attention as soon as you notice any pain, discomfort, or unusual symptoms, no matter how minor they seem. A doctor can properly diagnose you and document that the injury is consistent with a recent car accident. This medical record is important evidence.
What is the Statute of Limitations for a Personal Injury in CA?
While you can pursue legal action for a delayed injury, it’s important to understand the time limit, known as the statute of limitations. In California, you typically have two years from the date of the injury to file a claim or lawsuit.
While the clock usually starts on the date of the accident, for delayed discovery injuries, the timeframe might begin when you discovered or reasonably should have discovered the injury. Different deadlines may also apply if a government agency or public entity is involved. Consulting with an experienced accident lawyer is crucial to ensure you meet all legal deadlines and build a strong case to prove causation. Reach out to an attorney at the Law Office of Allister R. Liao, P.C. to schedule your free consultation today.