Car accidents can be overwhelming, and dealing with injuries afterward isn’t always straightforward. Sometimes, injuries take days or even weeks to appear, leaving many victims wondering if they can still file a claim. Understanding the time limits and legal considerations surrounding car accident injury claims can help you protect your rights and receive the compensation you deserve.
Understanding the Statute of Limitations
The statute of limitations refers to the legal deadline for filing a car accident injury claim. Every state has its own laws, but in many cases, victims have two to three years from the date of the accident to file a lawsuit. However, exceptions may apply depending on the circumstances of the accident and the state where it occurred.
In some situations, the time limit may be shorter. For example:
- If a government entity (such as a city bus or municipal worker) was involved in the crash, you may have only six months to a year to file a claim.
- If the accident involved a minor, the statute of limitations may be extended until they reach adulthood.
- In cases where injuries don’t appear immediately, the discovery rule may apply, allowing victims to file after they realize they’ve been injured.
Because each case is different, speaking with an experienced car accident attorney as soon as possible is the best way to ensure you don’t miss any deadlines.
Delayed Injuries: Can You Still File a Claim?
Not all injuries are immediately obvious. After a car accident, adrenaline can mask pain, and some symptoms may take days or weeks to develop. Common delayed injuries include:
- Whiplash – Neck pain and stiffness may not appear until days after the crash.
- Concussions and traumatic brain injuries (TBI) – Symptoms such as headaches, dizziness, and memory issues can develop over time.
- Internal injuries – Damage to organs or internal bleeding may not show immediate symptoms.
- Emotional trauma – Conditions like PTSD can take time to surface and impact a person’s daily life.
If you experience new or worsening symptoms after an accident, seek medical attention right away. A medical evaluation not only protects your health but also provides important documentation for your injury claim.
How Waiting Too Long Can Affect Your Case
Even if the statute of limitations hasn’t expired, waiting too long to report injuries can make it harder to prove your case. Insurance companies often argue that a delay in seeking treatment means the injuries weren’t serious or were caused by something else. The sooner you report symptoms and get medical care, the easier it is to establish a direct link between the accident and your injuries.
Additionally, evidence such as witness statements, surveillance footage, and accident reports can become harder to obtain over time. To strengthen your case, it’s best to document everything early, including medical visits, pain levels, and how the injury impacts your daily life.
Filing a Claim with Koch & Associates
If you’ve been injured in a car accident, you have limited time to take legal action. The car accident lawyers Koch & Associates can help you navigate the claims process and ensure you receive the compensation you’re owed. Whether your injuries appeared immediately or surfaced later, we’ll work to gather the necessary evidence and fight for your rights.
Schedule your free consultation today.
