It is not uncommon to be shaken up from a car accident. Initially, you might concern yourself with external injuries, like bruises or cuts. But remember that pain can take a while to develop. What do you do if you start feeling significant pain days or weeks after the accident? This is referred to as “delayed pain.” In California, you are generally still entitled to pursue legal action if you have Delayed Pain After Accident, but you must be aware of your rights and take action accordingly.
This article discusses how delayed pain may affect your right to pursue a Personal Injury claim in California. We will look at why pain may be delayed, how insurance companies will likely view these kinds of situations, and what you can do to protect your legal rights.
Why is Pain Sometimes Delayed After an Accident?
There are several physical and psychological factors why pain does not always exist right after a car accident or other accident::
- Adrenaline Rush: When you experience a traumatic incident such as an accident, your body releases adrenaline. This potent hormone is a natural painkiller. It can effectively block pain signals at first, enabling you to cope with the immediate stress of the situation. Only afterwards, when adrenaline levels return to normal, does the underlying pain become apparent..
- Soft Tissue Injuries: Many common accident injuries affect soft tissues – muscles, ligaments, and tendons. Whiplash, a frequent neck injury in car accidents, is a prime example. According to medical resources like the Mayo Clinic, symptoms like neck pain, stiffness, and headaches might not develop until hours or days after the initial impact as inflammation sets in.
- Gradual Onset: What at first might appear to be nothing more than minor soreness right after the accident can gradually worsen over the subsequent few days or weeks. Swelling can accumulate, pinching nerves or laying bare the extent of a sprain or strain.
- Focus Elsewhere: In the chaos following an accident, especially if other individuals were involved or injured, your immediate concern might have been to help them or make arrangements. This distraction will prevent you from completely sensing your own body sensations until the crisis calms down.
Understanding that postponed pain is a real physiological response is essential. It does not mean your injuries are imaginary or necessarily a result of the accident.
Insurance Companies and Delayed Pain
Insurance adjusters are often dubious about delayed pain claims. They will try to argue that your pain is due to a pre-existing condition. Or tell you that you suffered a new injury completely unrelated to the accident that happened days or weeks later. So careful documentation and good communication become really important.
- Seek Prompt Medical Evaluation: As soon as you experience severe pain setting in, visit the doctor or an urgent care center. Don’t wait. Be sure to let them know that you were recently involved in an accident and describe when the pain started in relation to the accident.
- Establish the Connection: Establish the Link: Get your doctor to document the link between your new symptoms and the recent accident in your medical records. Phrases like “pain secondary to recent motor vehicle accident” or “condition consistent with trauma from accident on [date]” are very helpful. As noted by sites like the California Courts Self-Help Center, clear medical documentation is crucial evidence in personal injury cases.
- Be Consistent: Be consistent in the timeline of the accident and your symptoms when speaking to doctors and insurers. Inconsistent statements can harm your credibility.
- Keep Detailed Records: Make copies of every doctor’s note, medical bill, therapy session, and receipt for expenses pertaining to this (including medication).
- Consider Legal Representation: An attorney who has dealt with delayed pain after accident claims is familiar with how insurance companies operate. They can speak their language on your behalf, explain medical evidence, and counter attempts to unjustifiably deny or minimize your claim.
What Kind of Delayed Pain Injuries Can You Sue For?
You might be able to recover compensation for pretty much any type of injury caused by the accident even if the symptoms took time to fully appear. Common ones are:
- Whiplash and Neck/Shoulder Injuries: Pain, stiffness, lost range of motion, headaches referred from the neck.
- Back Injuries: Lumbar pain in the lower back, herniated discs, muscle spasms, sciatica that appear over time.
- Concussions and Traumatic Brain Injuries (TBIs): The loss of consciousness immediately happens, but others like frequent headaches, dizziness, confusion, memory issue, or light/sound sensitivity could develop or worsen later.
- Internal Injuries: Sometimes bruising or minor tearing of internal organs can cause severe pain only after bleeding and inflammation occur.
- Nerve Damage: Swelling or damage to tissues could gradually compress nerves, leading to delayed pain, numbness, tingling, or weakness.
Never assume that since you didn’t experience immediate, awful pain, you weren’t hurt badly. Listen to your body and seek medical attention.
Protecting Your Rights After Delayed Pain
If you are experiencing delayed pain after accident, do the following vital steps:
- Get Medical Help Right Away: This is the most important step. It initiates the record trail linking your pain to the accident.
- Follow All Medical Advice: Follow your doctor’s treatment schedule. Report to all follow-up appointments and physical therapy sessions. This demonstrates you are serious about recovery.
- Document Your Experience: Use a plain pain journal. Write down your pain level each day, what you are having trouble doing, and how the injury impacts your job and daily life.
- Report to Insurance: Notify your auto insurance company and the insurance company of the at-fault party (if known) of your injuries when you are diagnosed. Follow up if you initially reported no injuries.
- Preserve Evidence: Preserve any photos of the accident scene, witness information, and the police report in case one was received.
- Consult a Personal Injury Attorney: Don’t give recorded statements or sign insurance adjuster settlement proposals without first consulting an attorney. An attorney will protect your interests.
How KAASS LAW Can Help with Delayed Pain Claims
Insurance companies typically try to minimize payments, and delayed onset of symptoms gives them an opportunity to dispute claims. Negotiating these on your own while recovering from injuries is very difficult. At KAASS LAW, we understand the medical reality of delayed pain and the tactics insurers use. We have experience representing clients in various Personal Injury matters across California.
Our team can:
- Carefully review the circumstances of your accident.
- Gather and compile all required medical records and bills.
- Consult with medical professionals if necessary in order to firmly establish the connection between the accident and your delayed injuries.
- Construct a solid case that shows the extent of your damages (medical expenses, lost earnings, pain and suffering).
- Deal with all communications and negotiations with the insurance companies.
- Draw up and file a lawsuit if a reasonable settlement cannot be achieved.
We fight to ensure that delayed symptoms do not prevent our clients from recovering the compensation they need and are entitled to. If you are experiencing delayed pain after accident, please Contact Us for a free consultation to discuss your legal options.