Is It Too Late to Claim an Injury for My Case?

Is it too late for you to claim an injury for your auto accident case? That’s a great question! But to answer that, we need to identify some of the most common reasons why people might think it would be too late to claim an injury.

The most common reasons would be:

They didn’t report they were injured at the scene of the accident to the police, paramedics, or other first responders.
They didn’t initially report injuries to the insurance company.
They’ve had minimal to no medical treatment since the accident.
The Statute of Limitations.
Their own insurance company’s Notice requirement.

1. No Injuries Reported at the Scene

You might think since you never reported your injuries to the police, paramedics, or other first responders at the scene of the accident, that it may be too late to claim an injury. That is not true, even if that fact was put into the crash report!

Sometimes you won’t feel any symptoms of your injuries for days or even weeks after your accident (more on this later). You certainly still can make a claim for injuries even if you didn’t report any at the scene of the accident.

2. No Injuries Reported to the Insurance Company

If you’ve called in your claim to the at-fault party’s insurance company and when asked if you were injured, you said “no,” it doesn’t mean it’s too late to make an injury claim. You still have a case!

Sometimes when the insurance company asks whether there were any injuries, claimants assume they’re referring to only serious injuries like fractures or other emergency medical conditions. The claimant may answer “no” when in fact they do have injuries but might not be severe enough to express them to the insurance company. This is usually the case with soft tissue injuries (e.g., muscle sprains and strains).

My advice is if you are experiencing symptoms that weren’t there before the accident, get to a doctor as soon as possible. And avoid contact with the at-fault party’s insurance company as much as possible. Also, get the advice of a lawyer before you discuss any injuries with the insurance company.

3. Minimal to No Medical Treatment

Although the strength of your case may weaken as you delay medical treatment, it doesn’t mean you can’t make a claim for injuries if you haven’t sought medical treatment.

I will give you five scenarios to illustrate:

Scenario 1 (BEST!): After your auto accident, you immediately go to the emergency room by ambulance with complaints of specific injuries. You report your injuries to the police and paramedics on scene.

Scenario 2 (GOOD): After your auto accident, you go home. You did feel pain but didn’t want to spend the money to get checked out at the emergency room. The next day you wake up feeling horrible! You, then, drive yourself to urgent care. They can’t perform any imaging, so they send you to the closest emergency room.

Scenario 3 (OK): After your auto accident, you go home. You did feel pain but didn’t want to spend the money to get checked out at the emergency room. One week after your accident you decide to see a chiropractor due to persistent neck and back pain that doesn’t seem to be getting better.

Scenario 4 (NOT GOOD): After your auto accident, you feel pain and don’t go to the emergency room, just as Scenario 3 above, but you only see your primary care doctor once. Your doctor prescribes you pain medication and tells you to just take it easy.

Scenario 5 (BAD): Same as Scenario 4, except you don’t see a doctor at all. You just wait for your body to heal on its own. You’re still alive, so you must be OK.

In all five of these scenarios, you can still make a claim for injuries as long as you are still within the statute of limitations and/or, if you’re using your own auto insurance coverage, abiding by your own insurance policy’s notice requirement (more on both of these below). The difference between these five scenarios will be the potential value of your case.

In cases where medical treatment is sought immediately, you will be maximizing your case’s potential value. In cases where medical treatment is sought days or weeks later or never, your potential case value may be significantly limited.

So, you may be wondering why it matters so much when you delay your medical treatment. Here is why:

Why It Matters When You Delay Your Medical Treatment

The general rule is the longer you wait to seek medical treatment after a car accident, the more difficult it will be to prove your injuries.

The rationale for this view is twofold:

If you’re really hurt, why didn’t you see a doctor immediately; and
How do we know that your injury was caused by the accident since so much time has passed.

There are several reasons why seeing a doctor as soon as possible after your accident is so important. The following four are some important ones:

Document Your Injury

When seeing a doctor soon after an accident, they will document your injury with what you tell them; they will perform diagnostic testing such as x-rays, MRI’s, CT scans, or labs; and all this information will be put into your medical records. This will act as objective proof that an injury exists and the likely cause of that injury.

Causation

Seeking medical treatment as soon as possible after your accident will help to overcome questions of causation in your case. In auto accident injury cases, you must prove “negligence.” To prove “negligence,” you must show:

(1) The existence of a legal duty,

(2) A breach of that duty, and

(3) Damages, (4) proximately caused by that breach.

In layman’s terms this means you need to prove that the responsible driver’s carelessness caused your injuries. When you don’t seek medical treatment soon after your accident, insurance adjusters and juries begin to doubt the source of the injury was related to the accident.

Mitigate Your Damages

The law bestows a duty on all aggrieved parties—the duty to mitigate your damages—to avoid making your injuries worse by neglecting your injuries. The responsible party will not be liable for any harm that you caused yourself by avoiding seeking medical attention.

Validity

Seeking medical care immediately after an accident bolsters your injury claim and substantiates its validity. In other words, it makes it seem less likely that you may be “faking” it.

It’s common, especially with soft tissue injuries (e.g., whiplash), to not immediately feel injured. It could take several hours, days, or even weeks to feel the effects of an auto accident. After an accident, your body is in fight or flight mode and with all that adrenaline running through your body, you may not immediately feel any pain at all.

What Can I Do if I Delayed My Medical Treatment?

If you’re still experiencing pain from the accident, the best thing you can do is seek medical treatment. Your health is too important. It will depend on how serious your symptoms are on where you should seek medical attention. Use your best judgment here.

If you’re feeling sore and it’s a week after the accident, you may not need to go to the emergency room. But if you’re experiencing loss of consciousness or some other serious symptom, you need to go to the emergency room.

If you delayed your treatment, all is not lost. You can still claim injuries. You may just need to give a good reason as to why you delayed your trip to the doctor. More on this below.

Good Reasons Why You Delayed Your Medical Treatment

Let’s say you delayed your treatment. Here are some good reasons to give the insurance company as to why you didn’t see a doctor immediately:

Latent Injury

Some common injuries that might have delayed symptoms include:

Whiplash: This is one of the most common injuries from car accidents, often resulting from rear-end collisions. Symptoms such as neck pain, stiffness, headaches, and dizziness may not appear immediately.
Concussion: A concussion can occur without a direct hit to the head, especially in accidents involving sudden stops or jerks. Symptoms like headaches, dizziness, nausea, confusion, or memory problems might not be noticeable right away.
Back Injuries: Injuries to the spine, such as herniated discs or soft tissue injuries, can cause delayed symptoms. Back pain, tingling, numbness, or weakness in the limbs can develop over time.
Internal Bleeding: This is a serious condition that may not show symptoms immediately. Signs such as abdominal pain, swelling, dizziness, or fainting can appear hours or days after the accident.
Soft Tissue Injuries: Damage to muscles, ligaments, and tendons, like sprains and strains, may not be immediately obvious. Swelling, bruising, and pain might develop later.
Psychological Injuries: Conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression can also emerge after the initial shock of the accident wears off.
Shoulder Injuries: Similar to whiplash, shoulder injuries from the seatbelt or the impact itself can develop symptoms later, including pain and reduced range of motion.
Knee Injuries: Impact with the dashboard or other parts of the car can cause knee injuries, which might not manifest as pain or swelling until later.

No Health Insurance or Financial Reasons

Medical bills are the most common reason for bankruptcy in the U.S. Having no health insurance or not being able to afford care is a common reason why people may delay going to the emergency room or seeing a doctor after an auto accident, especially if they initially self-diagnose their injuries as relatively minor.

Prearranged Vacation

You may have spent a significant amount of money on a prearranged vacation and could not just cancel everything over a less serious auto accident. This will make sense to the insurance company if your injuries are not severe.

4. The Statute of Limitations

The single most important time limit you have in your auto accident case is the statute of limitations. The statute of limitations is the time limit you have to either sue or settle your case.

If you wait too long, you can lose all your rights to recover your damages. Each state has its own rules on the statute of limitations for auto accidents. The general rule for some of them is as follows:

Arizona

In Arizona, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident. In uninsured or underinsured motorist cases against your own insurance company, you generally have three years to settle or file a lawsuit.

California

In California, the statute of limitations to file a lawsuit or settle a case for bodily injury, against the negligent party, is two years from the date of the accident. In uninsured motorist cases against your own insurance company, you have two years to settle, formally institute arbitration proceedings, or file a lawsuit against the uninsured motorist. In underinsured motorist cases, it’s a bit more complex.

Florida

In Florida, you have two years to file a lawsuit or settle your case, if your case is against the negligent party. If your claim is against your own insurance company, you generally have five years to file a lawsuit or settle.

Another time-limit rule that’s unique to Florida is the Personal Injury Protection (PIP) 14-Day Rule. According to Section 627.736(a), Florida Statutes, medical treatment must be sought within 14 days after your motor vehicle accident to qualify for PIP benefits. Missing this deadline can hurt your case.

Texas

In Texas, the statute of limitations to file a lawsuit or settle a case, against the negligent party, is two years from the date of the accident. If you are suing your own insurance company for failure to pay uninsured or underinsured benefits, things are a bit more complex.

Since there are many claims that can be made against your own insurance company, the statutes of limitation vary. Breach of contract is one claim that can be brought against your own insurance company and the time you have to file a lawsuit is four years from the date of accident.

Other claims that can be made have a statute of limitations as little as two years. So, it’s important to seek the advice of an attorney if you are uncertain as to the time limit you have to sue.

Other Important Time Limits

In addition to the standard statute of limitations requirements, there may be additional time limits in certain circumstances:

Government Entity at Fault

If a governmental entity was responsible for your accident, there will usually be a notice requirement that is substantially less time than the statute of limitations.

Claimant is a Minor

If the claimant was a minor at the time of the accident, the statute of limitations will not start to run until after the minor turns 18-years-old.

Limitations by Contract

There are times when a contract will dictate what the time to sue will be. This is most often seen in your insurance policy. Your insurance company may limit the amount of time you have to bring a claim against them, and this could be less than the state’s statute of limitations.

Plaintiff or Defendant Dies

If the plaintiff or defendant dies before the statute of limitations expires this may provide an exception to the statute of limitations. However, it will depend on if your state recognizes this exception.

Defendant Leaves the State

There may be an exception to the statute of limitations when the defendant leaves the state before the statute of limitation expires. However, again, it will depend on if your state recognizes this exception.

5. Notice Requirement in Your Own Policy

If you’re making a claim under your own policy, you may have a duty to notify your insurance company of this claim within a certain amount of time. That certain amount of time could be 91 days, as soon as possible, or some other time frame. It’s important that after your accident you or an experienced car accident lawyer review your policy to make sure you’re abiding by any notice duties in your policy.

Contact Our Experienced Car Accident Lawyers

Call us today if you were injured in an auto accident and have questions regarding anything discussed above. We can give you the best game plan to overcome the insurance company’s objections. Call us at 855-545-1777 to speak directly with one of our attorneys.

Is It Too Late To Claim An Injury For My Case?