How to File a Claim for Delayed Car Accident Injuries

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The accident wasn’t that bad. At least, it didn’t seem so at that moment. You were slogging through the daily evening commute from work, then you heard a sudden, loud crunch, and your head jerked front and back.

The collision was slow, and you felt okay taking notes, exchanging information with the other drivers, and dealing with the situation. But a few weeks later, you discovered the signs of whiplash. So what now?

Delayed car accident injuries aren’t unusual, and most victims don’t realize their injuries until later on. Fortunately, the laws in South Carolina allow you to file a claim and get compensated. You’ll have better chances if you involve a qualified Charleston car accident attorney.

Determining Whether You Suffered a Delayed Car Accident Injury

Sometimes, a headache is simply a headache. However, if you recently suffered a road accident, pains in the head and neck could signify more serious harm that wasn’t apparent on the day of the crash. Seek medical attention and a legal injury evaluation if you encounter any of the following pains after an accident:

  • Headache: Note the severity and location of the pain. It may result from stress or signify a brain injury, concussion, neck injury, whiplash, or even blood clot. Severe headaches after the unfortunate incident could indicate post-traumatic stress disorder.
  • Pain in the shoulders and neck: This is often a whiplash symptom, sometimes experienced immediately after the crash or after several days. The pain could also indicate spinal injuries.
  • Abdominal pain: Untreated internal soft tissue injuries can be severe or fatal. If abdominal pain surfaces days after the incident, make sure you seek medical attention. Internal bleeding may also cause dizziness, headaches, and deep bruising.
  • Tingling, numbness, etc.: These sensations, alongside weak limbs, are often signs of a herniated disc pressing up or pinching the spinal nerves. Pinching often results in tingling, numbness, pain, and other sensations throughout the limbs.
  • Back pain: A painful lower back may indicate a sprain, herniated disc, whiplash, or soft-tissue injuries. If it’s accompanied by numbness or tingling, it could signify spinal injuries or pinched nerves.
  • Emotional pain and suffering: Once the initial accident-related chaos diminishes, you may experience anxiety, depression, or PTSD. Brain injuries can lead to personality changes or emotional pain.

Don’t ignore these signs immediately after the accident. Contact a reliable injury attorney as soon as possible. They can help you get specialized treatment, handle your medical records, and fight for legal remedies for your delayed car accident injuries.

Is It Possible to Recover Compensation for Delayed Injuries?

Yes, it’s possible to recover compensation if you experience accident-related symptoms days after the crash. While insurers often require that claimants report road accidents within 24–72 hours, you may take more time before reporting whether you were injured. However, you must follow the appropriate steps to secure your right to file a claim and recover compensation.

Insurance providers mainly prioritize profits and will use any opportunity to reduce or deny the payout. If you take too long to see a doctor, the insurer may claim that you failed to mitigate your losses or the injuries resulting from another incident other than the crash. Moreover, you shouldn’t state too quickly that you weren’t injured because it could hurt your chances of recovering compensation when you discover injuries later.

You can only increase your chances of a successful claim by working with an experienced Charleston car accident lawyer. An attorney can guide your communication with the insurance adjuster, protect your rights, and file a claim for the highest possible compensation for your delayed injuries.

Important Steps for Filing a Claim for Delayed Accident Injuries

You must hold the liable party accountable for the harm they caused to you through negligence, but delayed injuries can complicate the entire process. While you can use different approaches to seek legal remedies, the following steps are crucial:

1. Avoid discussing your injuries, unless it’s with your attorney.

Telling everyone that you weren’t injured could jeopardize your right to financial compensation. You may feel fine, but there’s a high possibility of delayed injuries. So don’t discuss this with the other motorist, insurance claims adjuster, or responding officer until you’ve sought medical attention.

Also, avoid signing any document from the insurance adjuster. The other motorist’s insurer may reach out to you immediately after the accident to convince you to sign a release of liability form. It’s also possible for the insurance company to offer a settlement, but don’t accept anything until you’ve seen your doctor and consulted a lawyer.

2. Visit a Charleston hospital immediately.

Your health is the priority, so make sure you visit your doctor as soon as you discover any symptoms of delayed accident injuries. Seeking immediate medical attention demonstrates that you were concerned about the damage. What’s more, it’ll help you receive medical treatment immediately.

3. Gather copies of your medical records.

Obtaining compensation for delayed accident injuries isn’t simple, and you need sufficient evidence to win the case. You must have all the documents to prove the medical assessments, diagnosis, and injury treatment. Therefore, it’s always wise to acquire copies of your medical records and obtain a letter from the practitioner.

4. File before the deadline.

While you may take time to assess your injuries, you must make sure you file the paperwork on time. In Charleston, you must abide by the three-year deadline highlighted in the South Carolina statute of limitations. With only rare exceptions, missing the deadline could mean giving up your right to recover civil remedies from the responsible party.

5. Consult with your attorney.

It’s hard to fulfill all requirements of a successful claim alone because the process is complicated, and you’ll likely face a lot of resistance from the liable party and their insurer. A car accident attorney can evaluate the nature and value of your injury, gather sufficient evidence, and negotiate fair compensation on our behalf.

A Reliable Charleston Attorney Is Ready to Help

Fortunately, you’re on the right website and no longer have to search for legal representation if you suffered an accident in Charleston. The experienced, dedicated team at David Aylor Law Offices is ready to evaluate your case, investigate, and fight for your rights. What’s more, our evaluations are free, and we charge contingency-based legal fees.

Call us to plan your free assessment.

Delayed Car Accident Injury FAQs

How much compensation will I receive for my delayed car accident injuries?

The possible compensation depends on different factors, including the severity of the injury, cost of treatment, lost income during treatment and recovery, and the extent of emotional harm. Your attorney can include all the damages to negotiate a fair settlement.

What’s the deadline for seeking legal remedies for delayed car accident injuries?

South Carolina’s statute of limitations allows up to three years to file a claim. Going beyond this deadline can reduce your chances of winning.

Must I involve an attorney?

While it’s not compulsory, it’s always a great idea to speak to an attorney about your injuries. They’ll protect you from exploitation and guide you throughout the case.

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