Can I Still Sue If My Pain After an Accident is Delayed?
October 16, 2019 | Catastrophic Injuries
The impact a car accident can have on a person is significant and result in severe injuries, such as PTSD or head injuries. If you suffered delayed pain after an accident and aren’t sure if you can still sue for damages, under Missouri’s laws, victims have five years after an accident to file a claim.
Common Types of Delayed Pain After an Accident
If you hit your head on the dashboard during an accident or your seatbelt left a mark after a car crash, but you felt fine afterward, you might not think that you have anything to worry about. But, the truth is, it’s essential to avoid talking to the insurance company right away, as a significant number of car accident injuries can have delayed symptoms. For example, symptoms of whiplash after an accident can take 24 hours to set in and worsen for up to a week afterward. Other common types of delayed injuries after an accident include:
- Concussions – ongoing migraines, dizziness/vertigo, nausea/vomiting, and ringing in the ears could all be signs of a concussion. If a concussion goes untreated, this could lead to balance and mobility issues, as well as vertigo and problems with focusing
- Brain Injuries – difficulty thinking, feeling inexplicably tired or drowsy, nausea, vertigo, or even trouble sleeping can be a sign of a delayed traumatic brain injury from head trauma in an accident. Failure to seek treatment for a brain injury could lead to blood clots, brain damage, and issues with mobility and cognitive functions
- Back Injuries – tingling, numbness, or ongoing sharp, shooting pains in the lower or upper back can indicate severe back injuries after an accident. Typically, back injuries immediately present themselves and heal within a matter of weeks, but in some cases, back pain can take weeks to set in, and can lead to chronic back conditions
- Abdominal Pain – digestion issues, unexplained stomach or side pain, or abdominal tenderness could be the result of internal injuries, punctured organs, or other abdominal injuries after an accident
- Nerve Damage – pain, tingling, numbness, and burning could be the sign of a damaged or compressed nerve, and if nerve damage isn’t treated right away, could lead to issues with bodily functions, based on the area of damage – pelvic (bladder, bowel movements), neck (vision, cognitive abilities), back injuries (mobility or coordination issues)
- PTSD – insomnia/nightmares, irritability, and ongoing flashbacks of the event could be caused by PTSD after an accident. According to a National Institute of Mental Health study, approximately 39.2% of motor vehicle accident victims suffer from PTSD
After a motor vehicle accident, you and other passengers need to get examined by a physician, even if you think you aren’t injured. Some injuries aren’t visible to the naked eye right away, and only appear on x-rays, CT scans, and other medical tests, and without prompt identification, can gradually worsen or cause other severe medical issues.
Settlements for Delayed Injuries | Missouri Injury Lawyers
Missouri’s statute of limitations for injury claims, whether delayed or not, is up to five years after an accident. Beyond this, Missouri injury claims aren’t considered valid, unless the rule of discovery is involved. The Rule of Discovery states that the five-year statute for injury claims doesn’t begin until a person’s injuries are discovered, or “should have reasonably been discovered.”
While not every delayed personal injury claim is eligible to recover compensation, most are, with proof of injuries, witness accounts, and help from a St. Louis Personal Injury Lawyer. After a car accident or truck accident, it’s crucial to file a police report (which includes information on parties involved, who police suspect is at-fault, and evidence from the crash), collect a copy of your medical report, and discuss your situation with an experienced lawyer. A Delayed Injury Lawyer in St. Louis can assess your case, determine if you can pursue a claim against the responsible party, and develop a compelling Missouri personal injury lawsuit to sue for damages.
St. Louis Car Accident Lawyers
If you are thinking about suing the person at-fault in an accident for your delayed injuries, you need to have an experienced attorney on your side. Missouri’s injury and traffic laws can be challenging to figure out without experience negotiating claims. A St. Louis Personal Injury Lawyer can ensure that you are informed of what’s going on with your lawsuit, answer questions, and offer support during the process of pursuing a St. Louis car accident injury lawsuit.
The Dixon Injury Firms takes pride in being the leading choice of Missouri residents for motor vehicle accident claims and personal injury claims in the Greater St. Louis Area. Christopher Dixon has fought for (and won) over $35,000,000 in settlements and recoveries for injury victims and can be counted on to be by your side every step of the when recovering compensation for your delayed injury car accident claim in St. Louis.
For a free case review or consultation, or to find out more about the Dixon Injury Firm’s recent results, call (314) 208-2808 or contact our St. Louis Injury Firm now to discuss your case.