Delayed Injuries After Car Accident: Can I Still Sue?

Delayed Injury after a Car Accident

Do you manage a car accident injury that continues to worsen over time? Filing a personal injury lawsuit may be appropriate if your pain causes significant financial loss. However, you may worry that delayed injuries after car accidents disqualify you from compensation.

car accident lawyer in New York can help you determine whether you have a case, but this article explains the basics.

Types of Delayed Injuries After a Car Accident

According to the Association for Safe International Road Travel, over 4.4 million Americans sustain injuries from car accidents every year. Many symptoms do not appear until weeks or even months after the collision. Unfortunately, these delayed pains can take some injured people by surprise.

Back Pain

A back injury is a serious condition that can escalate within a year of the accident. These problems include bone fractures, spinal misalignment, nerve damage, and more. Some people do not notice how bad their back injury is until it becomes difficult to sit, stand, or walk. 

Back problems can sometimes create radiating abdominal pain that persists for years. Back pain requires regular medical attention, such as physical therapy. These treatments are expensive and create thousands of dollars in financial losses. 

Head and Neck Injuries

Every 23 seconds, someone in America sustains a brain injury. Car accidents contribute to 14% of the 50,000 cases reported every year. Unfortunately, symptoms may not appear for months.

Traumatic brain injuries can have life-long effects on an individual. Delayed injuries after car accidents still require extensive psychological rehabilitation and surgery to alleviate adverse symptoms. Additionally, head injuries are some of the most expensive medical conditions to treat.

Neck pain occurs from injuries like whiplash or a direct impact with physical objects. These issues can be life-threatening and slowly develop over time.

Shoulders, Arms, Hips, and Legs

Shoulder pain may not be apparent until weeks after an accident. Muscles in the arms, hips, or legs may start to feel stiff and prevent a wide range of motion. You may notice your pain disappear soon after an accident, but worsened symptoms might reemerge later.

Always seek medical attention immediately after a car crash. Even if you don’t feel severe pain right away, a doctor can assess your condition accurately. Doing so ensures you have written medical records available should you need them for a future lawsuit.

Can I Sue?

New York law dictates that injured persons can sue liable parties if their accident meets certain criteria. Consider seeking litigation if:

  • The total financial loss caused by your injuries exceeds the minimum PIP coverage of $50,000.
  • Your delayed injuries created a loss in bodily functions or mobility.
  • Your pain prevents you from working or completing daily tasks for up to 90 days.
  • The accident caused the death of a loved one.

In some situations, a lawsuit may not be the appropriate course of action. For example, your insurance company could offer reasonable compensation for your bodily injuries. Additionally, you can work with an attorney to reach an out-of-court settlement with the liable driver.

No matter your decision, you have time to calculate your losses, organize evidence, and communicate with involved parties.

How Long Can I Wait Before I Sue?

You don’t need to file a personal injury lawsuit right away. In New York, you have up to three years to take action against responsible parties. Waiting several months to file will not hurt your ability to pursue compensation so long as you follow the correct procedures.

You should hire an attorney as soon as possible to begin organizing materials for the process.

Proving Your Injury with an Accident Injury Lawyer

You should partner with a reliable accident injury lawyer to pursue your desired compensation. Experienced attorneys can help you understand the steps to take when filing a personal injury claim or seeking litigation. The process starts with gathering evidence.

Take photos of your accident that show the damage of the collision. Also, ask a medical professional for records detailing your injuries and treatment recommendations. Your lawyer can use these documents to prove that your accident injuries are significant enough for compensation.

It’s wise to hire an attorney to help you calculate all your financial losses. Delayed injuries after car accidents can cause you to miss work and pay. They may also require you to spend more on future medical treatment.

Other Ways a Car Accident Lawyer in NYC Can Help

A trustworthy car accident lawyer in NYC can help organize witness testimonies and professional statements. It may be necessary for the court to hear these voices to determine the severity of your delayed injury. 

Suppose the defense argues that your delayed back pain is due to a pre-existing condition. A medical practitioner might testify that it is normal for your injury to manifest in delayed back pain after some time.

In 2019, New York was the third most expensive state for auto insurance. With a high number of reported car accidents every year, many insurance companies try to pay less by downplaying injury claims. An attorney can speak to insurance agents on your behalf to eliminate the risk of self-incrimination.

They can also update you with deadlines and help you file forms correctly. This way, you won’t miss any details that limit your ability to seek compensation. 

Partner with a New York Car Accident Attorney You Can Trust

Working with a New York car accident attorney is a great way to pursue the highest judgment for delayed injuries. At Ross & Hill, we take the time to understand your situation and offer ethical legal counsel. We have more than 40 years of experience practicing personal injury law for clients of various backgrounds.

Don’t settle for cookie-cutter solutions. We personalize each legal approach according to your needs. Our firm prides itself on the knowledge and resources we offer our clients.

Learn what to do after a sidewalk accident and more by speaking to our lawyers. 

Do you have questions about suing for delayed injuries after car accidents? Schedule a free consultation with Ross & Hill in Brooklyn, NY at (718) 855-2324 or in New York, NY at (646) 351-6222.

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