If another person’s negligence led to an accident and you were injured, you can sue for the cost of your medical bills, lost wages, and more, even if you wait to see medical treatment. The shock of the accident or an adrenaline rush can mask pain at the scene. If you start to feel pain or soreness later, you can still sue the at-fault party, as long as your potential lawsuit’s filing deadline has not expired.
A Lafayette personal injury lawyer can explain the statute of limitations and the importance of complying with it. They can also consult medical experts who can document your injuries, their delayed onset, and their impact on your health. If you were not in pain at the scene of the accident, it is not too late to sue if you are sore now. Your lawyer will collect supporting evidence and build a case for you.
It Is Never Too Late to Get Medical Care After Being Injured in an Accident
If you were in a car wreck or another accident in a public place, you or another involved party should call the police or other first responders to the scene. When they arrive, they will assess the situation and determine whether anyone needs immediate medical attention.
Various symptoms can take time to manifest after an injury. Even if you told a police officer or EMT at the scene you were okay and didn’t need an ambulance, it is not too late to make a personal injury claim if you discover injuries later.
If a personal injury attorney represents you, they will review your medical records with relevant experts to prove the accident caused your injuries. Expert testimonials can also explain your symptom delay and substantiate your right to financial recovery.
Common Accident Injuries That May Not Show Symptoms at the Scene
Car accidents can leave victims with severe injuries that show up immediately. Other physical injuries can take time to manifest, including:
- Whiplash
- Concussion
- Back pain
- Abdominal pain
- Internal injuries
- Pinched nerves
This list is not exhaustive. Your healthcare team will document your injuries and their cause and resulting costs. Your lawyer will enlist experts to explain how long after a car accident injuries can appear and what it will cost to treat them.
Why You Might Feel Fine at the Scene of an Accident and Sore or Achy Later
According to the Cleveland Clinic, the adrenaline rush that sometimes follows an accident can create a fight-or-flight response that masks symptoms. Swelling and inflammation can also hide physical pain, as can shock.
The trauma of an accident can leave you with mental and emotional anxiety that might not manifest until the next time you are in a similar position. You may experience irrational fear and nervousness. Mental and emotional consequences are compensable damages your lawyer can include when determining the monetary value of your case.
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Only an Expired Statute of Limitations Makes it Too Late to Sue After an Accident
Louisiana’s personal injury laws give you a small window of opportunity to pursue the person or entity whose negligence led to your accident and injury. In general, you have just one year to file your personal injury lawsuit, per CC Art. 3492.
You must file your lawsuit within the allotted time, but doing so can be hard, since the applicable date may change depending on when you discovered your injuries. The best way to avoid an expired statute of limitations and the potential loss of your right to sue for damages is to let your legal team handle your personal injury lawsuit for you
Damages You Can Recover When You Sue After an Accident
Medical expenses to treat your injuries—including those that surface later—is only one type of recoverable damage after a negligence-based accident. Medical treatment includes emergency room and hospitalization costs, medications, assistive devices, and other treatment-related costs.
Additional recoverable accident-related damages may include:
- Property damage or destruction
- Lost income
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Disability and disfigurement
Your accident lawyer will document your damages and collect the bills, receipts, and other documents that prove their value.
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A Personal Injury Lawyer Can Help You Sue the At-Fault Party After an Accident
Filing a lawsuit is a complex process involving specific legal forms and court filings. A lawyer can handle the details of your lawsuit for you, including:
- Notifying the defendant in your case on time
- Conducting depositions to collect information
- Leveraging the discovery process to understand the defendant’s case
- Preparing exhibits and other forms of evidence
- Appearing in court at hearings and during your trial, if necessary
If you or any supporting witnesses must testify, your lawyer will help prepare you for depositions and court. They will present your case to a finder of facts (a judge or jury) and work hard to obtain the best possible outcome for you.
Your Accident Attorney Can Work With the Insurance Company to Settle Your Case Out of Court
Most accidental injury cases never go to court. Instead, they are resolved with an insurance or financial settlement. This typically happens when the weight of the evidence clearly indicates negligence and liability.
Your lawyer will accept settlement offers from the insurance company on your behalf and weigh their feasibility. The final decision is yours to make, but your lawyer will guide you toward making a well-informed decision. They will also help you avoid a speedy settlement that may not consider all your recoverable damages.
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Call 24/7 for Your Free Personal Injury Accident Case Review
If you were injured in an accident and were not in pain at the accident scene, it is not too late to sue if you are sore now, as long as the statute of limitations has not expired. Our personal injury lawyers will document your injuries and explain your options for seeking fair compensation.
Find out how you may be able to recover damages by contacting one of our legal team members at Laborde Earles for a free case review today.
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