Car accidents are a frightening and stressful experience. In the immediate aftermath, you might be shaken, dazed, or even euphoric from adrenaline. While some injuries are immediately apparent, like cuts or broken bones, others can take days, weeks, or even months to manifest. This delayed pain can leave you wondering: Can you sue for delayed pain after a car accident in California?
The short answer is yes, you may be able to sue. Here at Westlake Injury Law, we understand the complexities of delayed injuries and are here to help you navigate the legal process.
The Reality of Delayed Pain After Car Accidents
The human body is a complex system, and the effects of a car accident can take time to manifest. Here's why you might not feel pain right away: Adrenaline, the body's natural response to stress, can mask pain temporarily. Additionally, internal injuries or soft tissue damage may not cause immediate discomfort as the body begins its healing process.
Why Doesn’t Pain Show Up Immediately?
Adrenaline: During an accident, your body releases a surge of adrenaline. This “fight-or-flight” hormone can mask pain sensations, allowing you to react quickly and safely. Once the adrenaline wears off, the full extent of your injuries may become apparent.
Internal Injuries: Some injuries, like internal bleeding or ligament tears, might not cause immediate pain. It takes time for the body to react to these internal damages, leading to delayed pain.
Soft Tissue Damage: Whiplash, a common car accident injury, affects muscles, ligaments, and tendons. Symptoms like neck pain, headaches, and stiffness may not surface for several days after the accident.
Common Types of Delayed Injuries
Several types of injuries can manifest delayed pain after a car accident:
- Whiplash: As mentioned above, whiplash is a common delayed pain injury affecting the neck, shoulders, and upper back.
- Back and Spine Injuries: Herniated discs, spinal fractures, and other back injuries can cause delayed pain, radiating down the legs and causing numbness or weakness.
- Internal Injuries: Damage to organs like the spleen or liver may not show immediate symptoms, leading to delayed pain and potential complications.
- Head Injuries: Concussions can cause delayed headaches, dizziness, and memory problems.
Can You Sue for Delayed Pain After a Car Accident in California?
California law allows you to sue for injuries sustained in a car accident, even if the pain is delayed. Here are two critical legal concepts that apply:
The Statute of Limitations
This law sets a deadline for filing a personal injury lawsuit in California. Generally, you have two years from the date of the accident to file a claim. However, understanding the specific timeline is crucial, as there may be exceptions or variations depending on the nature of the injury and other circumstances. It's essential to consult with an attorney to determine the exact deadline for your case.
The “Delayed Discovery Rule”
This legal principle extends the statute of limitations in cases where an injury wasn't discovered immediately and wouldn't have been discovered by a reasonable person. Under the delayed discovery rule, you have one year from the date you discovered the injury to file a lawsuit. It's important to note that this rule has specific requirements, and not all delayed injuries qualify. An experienced attorney can help you determine if your case meets the criteria for applying the delayed discovery rule.
Working with a Personal Injury Lawyer for Delayed Pain Claims
Suing for delayed pain after a car accident requires strong evidence to establish the connection between the accident and your injury. A skilled personal injury lawyer from Westlake Injury Law can help you with:
Gathering Medical Records: Medical documentation is crucial for proving your injuries and the delayed onset of pain. Your lawyer will work with your doctors to obtain the necessary records, ensuring that all relevant medical information is included to support your claim.
Expert Witness Testimony: Medical experts can provide valuable testimony explaining how your accident could have caused the delayed pain you are experiencing. Your lawyer will work with these experts to build a strong case that demonstrates the causal connection between the accident and your injuries.
Negotiating with Insurance Companies: Insurance companies are often hesitant to pay for delayed injuries. Your lawyer will aggressively negotiate to get you the compensation you deserve, protecting your rights and maximizing the value of your claim. Additionally, they will handle all communication with the insurance company, allowing you to focus on your recovery.
Don’t Suffer in Silence | Westlake Injury Law
If you've experienced delayed pain after a car accident in California, don't wait to seek legal counsel. Contact Westlake Injury Law today for a free consultation. We can answer your questions, explore your legal options, and help you get the compensation you deserve. Remember, you don't have to suffer in silence. Your focus should be on healing, not dealing with the complexities of a legal claim. Let us handle the legal process while you concentrate on your recovery. Call us at (805) 338-6880 or visit our website for a free consultation.
