Delayed pain after a car crash may indicate a catastrophic injury

Written on behalf of Abramson Smith Waldsmith LLP

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If you’re in an auto accident, you may walk away from the scene shaken up but seemingly uninjured. Yet, you may feel intense pain after a night’s rest, or even several days later. This pain could signal a catastrophic injury. If you worry you’ve experienced such an injury in a collision, you have options for treatment and recourse, even if you didn’t pursue them right away.

Seeking treatment

If you did not feel pain right after your accident, your body’s endorphins may have masked it. But once the endorphins wear off, pain may set in. If this happens, visit a doctor immediately. Certain symptoms – like headaches, dizziness and neck pain – may indicate a traumatic brain injury or spinal cord damage. These injuries could permanently affect your livelihood, especially if left untreated. Visiting a doctor can ensure that you receive proper care for them. And your doctor will also make record of your injuries, which will provide evidence of their impact.

Seeking recourse

You may struggle to receive full insurance coverage if you delayed treating your injuries. Yet, having comprehensive medical records can help your case. You might also worry that your settlement will only cover the damages caused by the accident and not for ongoing expenses or pain and suffering. But since California does not cap personal injury damages, you could receive complete coverage for these losses. Remember, though, that California’s statute of limitations gives you two years after the date of your injury to file a claim. The sooner you file, the more likely you are to receive the recourse you deserve.

Jeffrey R. Smith

Jeffrey R. Smith

Managing Partner

Robert B. Waldsmith

Robert J. Waldsmith

Partner, 1999

William B. Smith

William B. Smith

Partner, 1978

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