How a Delayed Medical Diagnosis can Affect your Legal Claim
August 25, 2020
According to the Centers for Disease Control and Prevention (CDC), more than 3 million Americans sustain nonfatal injuries in car crashes every year. When someone’s injuries are the result of another person’s negligence, the injured party may file a personal injury claim to cover the damages sustained in the accident. However, there is one problem: sometimes people involved in an accident do not notice their injuries right away. Not seeking immediate medical care can lead to a delayed medical diagnosis, which can cause a slew of issues when it comes to trying to collect benefits and filing a legal claim.
Common Car Accident Injuries
Car accidents are physiologically “exciting”. This does not mean that they are exciting in a positive or fun way, but instead that they cause the body to release higher amounts of endorphins and adrenaline. Together endorphin and adrenaline act to almost super charge the body and reduce pain levels, which means that during – and even after an auto accident – it can be difficult for people to feel the entire scope of their injuries. Individuals can sustain a variety of injuries during an automobile accident; here are just a few examples of ones that may take hours or even days to appear after getting into a crash:
- Nerve damage that presents as a tingling sensation or numbness in the back, neck, or shoulder areas
- Headache can result from whiplash, but also may indicative of concussion or a different kind of traumatic brain injury (TBI)
- Stomach issues like abdominal pain, upset stomach, or nausea, which sometimes point to internal bleeding
- Vision trouble. Symptoms of vision problems, like blurriness, can take a bit to appear after an accident. Vision problems are sometimes a sign of a concussion, whiplash, or other head injuries
- Swelling in an area can present after a muscle tear, sprain, or even after whiplash
- Psychological trauma and damage. Many people who have been in a car accident develop anxiety or post-traumatic stress disorder, or PTSD. The symptoms of these conditions can take days, weeks, or months to manifest and sometimes even longer to diagnose by a medical professional
One of the main reasons a delayed medical diagnosis can negatively affect the injured party’s ability to file successfully a claim after a crash is because the opposing legal team will argue that the injury could have happened from something other than the collision itself. Luckily, having an experienced attorney on your side can help show how the subsequent problems are, in fact, the direct result of the accident in question.
If you were in an Accident
If you get into a car accident and your injuries are severe, you may need emergency medical care. Nevertheless, even if you think you have escaped uninjured, it is still advisable a doctor examines you. The doctor will look for any symptoms of potential injuries and can begin to document your physical and mental state after the accident. If you do want to file a claim against the responsible party, having this type of documentation is essential. If you did not go to a doctor immediately after your accident all hope is not lost – just make an appointment with your provider as soon as possible. Doing your best to avoid confronting a delayed medical diagnosis will only help you in the end.
Were you injured in a car accident and have questions about filing a claim? One of our experienced attorneys can help. To learn more, contact a representative online now.
Philadelphia Personal Injury Lawyers at Galfand Berger, LLP Representing Injured Individuals Since 1947
With offices located in Philadelphia, Bethlehem, Lancaster, and Reading, Galfand Berger serves clients throughout Pennsylvania and New Jersey. To schedule a consultation, call us at 800-222-8792 or complete our online contact form.