You’re in a car accident. It’s the other driver’s fault, and you comply with requirements to report the accident to the police. At the time, you think you’re okay.
However, the next day, your neck starts to hurt. A few days later, it’s your neck and your back. You go to the doctor and find out that you have significant physical injuries. You need medical care.
Can you still receive compensation?
The answer is – yes. It’s still possible to receive compensation when you have delayed car accident injuries. However, there are some important things you need to know and do to make your claim a success. Our lawyers explain how to file a claim for delayed car accident injuries in Pennsylvania.
Can You Receive Compensation for Delayed Car Accident Injuries in PA?
It is possible to receive compensation for delayed car accident injuries in Pennsylvania. It is more challenging to identify damages and prove the case when injuries are delayed. However, you may receive compensation that you are due under the law.
How to File a Claim for Delayed Car Accident Injuries in Pennsylvania: 10 Steps
To file a claim for delayed car accident injuries in Pennsylvania, take the following steps:
1. Seek medical attention
As soon as you start to have symptoms, get medical care. Your injuries may still be extremely serious. You need to ensure that your injuries are identified and stabilized.
Even though some time has passed since the accident, getting medical attention is still critical to document your damages and determine the full extent of your injuries. Follow your medical care plan and save any records associated with your treatment.
2. Report the accident to the insurance company
It’s important to report the accident to the insurance company. The sooner they know about it, the less room they have to question the cause of your injuries. You should report the accident and tell the insurance company that you have injuries. You may tell them that you are still investigating the full extent of your injuries. Make an initial report; later, you can submit final documentation for your damages.
3. Investigate the accident and determine fault
Fault may play a role in how you go about collecting fair compensation for delayed injuries in a car accident. Determine who is at fault by investigating. It may be a very clear case, or a lengthy investigation may be required.
4. See what insurance applies
Pennsylvania is a no-fault state, but the system is still quite complex. Review the insurance of each party, various coverages and how to go about claiming compensation through these policies.
5. Determine your damages
You need to know what you are claiming compensation for. Determine your damages by looking at your losses and what can be claimed under Pennsylvania law and the insurance policies that apply to the claim.
6. Gather proof of why symptoms were delayed
It’s important to be ready to explain why the symptoms were delayed. This question can usually be answered quite easily by presenting medical evidence. Your medical records and treating physicians can explain why symptoms did not appear immediately after the accident.
The insurance company may use the fact that you didn’t seek treatment right away as grounds to deny the claim. You can fight back by showing how the nature of the injuries would not have produced symptoms immediately after the accident.
7. Respond to any allegations that the injuries had other causes
The insurance company may try to deny the claim or minimize it, citing other possible causes of injuries. You may need proof that these allegations are incorrect. It can be hard to know when to present information. Our lawyers can help you prepare the appropriate response at the right time.
8. Submit proof of your damages
In addition to reporting the accident to the insurance company, you need to submit proof of your damages. It’s up to you to prepare your request for compensation and the amount that you are requesting. For delayed symptoms of injury, it’s important to thoroughly understand your injuries and the expected course of treatment.
9. Negotiate your settlement
You don’t have to accept the first offer from the insurance company. You may negotiate a fair settlement based on the strengths of the case. Although there are some added challenges with claims involving delayed injuries, you deserve full and fair compensation based on Pennsylvania law.
10. File a formal legal claim, if necessary
If you’re unable to get fair compensation through an insurance claim, you may file a formal legal case. Know that your time to file a claim is short, with a typical statute of limitations of just two years. Begin working on your case as soon as you can. You may have a lawyer represent you.
How Long After a Car Accident Can Injuries Appear?
Car accident injuries may appear hours or even days after an accident. Some examples of delayed car accident injuries are:
- Brain injuries including fracture and concussion
- Whiplash and other soft tissue damage
- Spinal cord injuries and herniated discs
- Internal organ damage and bleeding
- Mental health injuries including PTSD and anxiety
- Bone fractures
- Sprains and strains
In the stress of a car accident, the body may mask the severity of an injury. Injuries can be serious and even life-threatening while you are seemingly able to go about your activities. It’s always best receive attention from a medical professional if the accident is the kind that can produce injuries, even if you don’t think you have any. The sooner that you identify and stabilize injuries, the better you can recover.
Lawyers for Car Accidents with Delayed Injuries
When you have a car accident with delayed injuries, you can receive compensation – but the process can be especially complex. Our lawyers handle car accident claims with delayed injuries. We understand the unique issues when there are delayed injuries, and we’re dedicated to working towards fair compensation for your claim.
Don’t wait any longer to preserve evidence and bring your case. Contact us for a consultation and to begin today.