It is always best to get a thorough medical examination right after an accident, even if you do not feel pain and experience injury symptoms. Often, a doctor can detect signs of injury that are not obvious, even though they may be quite serious.
Sometimes, however, injuries are not apparent even to doctors. Some symptoms take days or even weeks to appear. What happens then? Can you still seek compensation for your losses? Does it limit your ability to obtain damages?
If you are in this situation, it is wise to contact an experienced personal injury lawyer for advice and assistance. At Jennifer Porter Law, PLLC, our team of Northern Virginia car accident lawyers can help you face the legal process, negotiate with insurance companies, and pursue fair compensation for your injuries, medical expenses, lost wages, and other damages. You’ll need to work quickly to not only obtain the right care to provide for your physical recovery but also evidence to support your financial recovery. A caring, knowledgeable, and dedicated injury attorney can assist with both. Call us today at (571) 532-9070 to schedule a consultation and receive personalized legal assistance tailored to your needs.
Document Your Injury as Soon as Possible
It is important to take steps to diagnose and obtain medical treatment for your injury as soon as possible after you notice symptoms. Go to the doctor, explain everything that has happened, and keep copies of all paperwork associated with the visit. If the doctor does not seem to take the issues seriously, get a second opinion. Be sure to follow all instructions and return for follow-up care as ordered.
While the doctor’s records will serve as solid medical evidence, you can also develop your own records. Write down your observations about your symptoms and how they are affecting your ability to perform tasks. If you realize that the symptoms are related to other issues and you just now connected them with the accident, write that down as well. The notes you take in the early days can be more valuable as evidence than your recollections much later.
How Long After a Car Accident Can You Claim Injuries in Virginia?
If you’ve been involved in a car accident in Virginia, it’s crucial to understand the timeframe for claiming injuries. Virginia law stipulates a strict statute of limitations for personal injury claims related to car accidents. You have exactly two years from the date of the accident to file a lawsuit against the at-fault driver under Virginia Code § 8.01-243(A).
This two-year timeframe is important because it impacts your ability to seek compensation for any injuries sustained in the accident. Acting promptly is essential, especially for injuries that may not present symptoms immediately, such as whiplash or internal bruising. Delays in recognizing injuries are common, but this does not extend the statutory deadline.
Certain exceptions to the two-year statute of limitations may apply. For example, if the injured party is a minor or has a legal disability, the clock may be paused or “tolled” under Virginia Code § 8.01-229. However, these situations are specific, and consulting a Northern Virginia car accident attorney can clarify your options.
For claims involving uninsured or underinsured motorists, specific time limits might apply under the terms of your insurance policy. Reviewing these provisions with an attorney can help determine the appropriate deadlines for filing such claims.
Remember, the clock starts ticking on the date of the accident, not when you first notice injuries. Missing the two-year deadline can prevent you from pursuing compensation, making timely action a critical aspect of the claims process.
Don’t Wait Until the Statute of Limitations Approaches to Take Action
In Virginia, accident victims generally have two years from the time of the accident to file a claim for damages. With that seemingly long time to act, many people put off consideration of legal steps, but this is a big mistake.
To give yourself the best opportunity to collect the compensation you need and deserve, you need to start working to build your case right away. That includes watching what you say to others, including insurance company representatives. It also includes gathering evidence regarding the cause of the accident and the extent and effect of your injuries. Legal advice can help prevent you from saying or doing something that could be used to deny liability and prevent your recovery.
The longer you wait to collect evidence about the accident causation, the harder it will be to locate evidence and the less reliable that evidence will be. Most importantly, the longer you delay in seeking evidence of and treatment for your injuries, the easier it is for the insurance company to claim that your injuries were caused by something you did after the accident.
An Experienced Attorney Knows That Some Injuries are Not Immediately Apparent
It will be important to show that your injuries were not apparent right after the accident but they are nevertheless the result of the accident. You need to work with an attorney who understands how to prove this causal connection.
Some injuries that can take days or weeks to show symptoms include:
- Internal bleeding
- Whiplash
- Traumatic brain injuries
- Damage to internal organs
- Compression fractures in the spine
In addition, some minor injuries can lead to an infection that can cause devastating consequences such as organ failure. It is an unfortunate fact that some of the most severe brain and spinal injuries often are not recognized until considerable time after an accident. These injuries can lead to lifelong impairment, even though they were not noticeable right after the accident.
Psychological Damage Also Takes Time to Manifest
Car accident victims often suffer post-traumatic stress disorder, particularly in conjunction with a brain injury. It often takes weeks or longer to recognize that behavioral or emotional changes are more than a passing phase. The psychological damage may worsen over time and impair the victim’s ability to work and enjoy a high quality of life.
| Key Tip | Action to Take | Why It Matters |
|---|---|---|
| Seek Immediate Care | Visit a doctor after an accident and follow recommended care. | Ensures early detection and creates crucial medical records. |
| Document Everything | Record symptoms, impacts on daily life, and keep all medical paperwork. | Provides strong evidence to support your claim. |
| Act Without Delay | Consult an attorney and gather evidence as soon as possible. | Prevents loss of evidence and strengthens your case. |
| Understand Hidden and Psychological Injuries | Be aware of delayed symptoms, including psychological effects like PTSD. | Ensures proper treatment and compensation for long-term issues. |
Contact Jennifer Porter Law, PLLC Today if You’ve Just Noticed Injuries from an Accident
While it can be considerably more difficult to obtain full and fair compensation for injuries from an accident if you did not document those injuries right after the accident, an experienced attorney can help you gain fair damages. Once you notice the injuries, it is important not to delay in getting advice and assistance.
At Jennifer Porter Law, PLLC, we have extensive experience helping accident victims recover in Virginia. We understand how insurance companies operate and know the strategies to succeed in all situations. Contact us today at (571) 532-9070 for a free consultation and case evaluation.
from Jennifer Porter Law, PLLC https://jenniferporterlaw.com/what-if-my-injuries-dont-appear-until-days-or-weeks-after-the-accident-in-virginia/
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