Former Insurance Defense Attorney Turned Personal Injury Attorney

Can you file a claim for delayed pain?

If you were recently in a car accident and decided not to go to the hospital, you may be one of many who later discovered that you had pain and soreness that you didn't feel at the time. Delayed symptoms of injuries aren't uncommon in car crashes, because the adrenaline your body releases makes it hard for you to feel any pain. Despite that, the reality is that you did get hurt and do need medical care. Do you still have the option?

Yes, you do. If your pain was delayed, make sure you seek out medical care as soon as you can. Some injuries, like whiplash or heavy bruising, may not hurt or cause symptoms initially. Only after several hours or days have passed will you notice any significant signs of injury, like headaches or localized pain.

It's always a good idea to go to the hospital immediately after a crash, but if you didn't, you can go at any time. Make sure you tell the doctor at the hospital that you were in a car crash. Keep any records you get from the medical provider for your insurance claim. Make copies, so you can forward the documents to your attorney as well.

Insurance carriers are familiar with injuries that take time to develop. They are unlikely to think it's unusual if you admit to developing headaches, back pain or even post-traumatic stress disorder (PTSD) hours or days following an accident. Do your best to report any symptoms as soon as you can, so you can protect your right to a claim.

Source: FindLaw, "What If My Pain After a Car Accident Was Delayed?," accessed April 04, 2018

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