Understanding Delayed Car Accident Injuries In Massachusetts
Published in Car Accidents on August 16, 2024
Reading Time: 4 minutes
A car accident is a traumatic event, no matter how severe. Even minor fender benders mean the hassle of insurance claims, unforeseen expenses and altered schedules. When injuries occur, car accidents can go from frustrating to life changing.
Getting medical attention right away after an accident is of utmost importance. However, some people may feel physically fine at the time of the incident, but have problems later. If you have been in a car accident, and you are experiencing delayed symptoms, it is important to know your options.
What Are Delayed Car Accident Injuries?
Delayed injuries are those that aren’t clear at the time of the accident, but appear afterward. This could be because of adrenaline at the time of the event, or the nature of the injury itself. Sometimes, you may feel a minor bump or bruise isn’t worth mentioning, but it can develop into something worse.
Delayed injuries can range from minor aches and pains to very serious conditions.
Common Delayed Injuries and their Symptoms
Delayed injuries you may experience after a car accident include:
- Whiplash: Whiplash is a neck injury caused by sudden and violent neck movements. Symptoms may occur gradually and include neck pain, headaches and dizziness.
- Back Injuries: Herniated discs, strains and sprains can manifest over time and present as back pain, stiffness, numbness or pain that radiates down the legs.
- Concussions: Traumatic head injuries such as concussions might not reveal themselves until hours or days after the accident. Symptoms include headaches, dizziness, nausea, sensitivity to light and cognitive difficulties.
- Internal Injuries: Abdominal pain, dizziness, nausea and vomiting after an accident could be a sign of internal bleeding or injuries to organs.
- Orthopedic Trauma: Injuries to bones, muscles, joints and tendons are easy to overlook immediately following a stressful accident, but may cause pain, inflammation and stiffness long after the event.
- Psychological Issues: Anxiety, depression and other issues may not appear until days or weeks after an accident, but they are just as significant as physical injuries.
- Vision or Hearing Changes: Sensitivity to light, blurred vision and ringing in the ears are just some issues you may experience after an accident, but may not notice until later on.
Medical Attention and Documentation After An Accident
It is important to seek medical attention as soon as possible after an accident. If an ambulance arrives on the scene, allow them to check you over, even if you think you feel fine. Go to the emergency room if they recommend it.
Signs of injury that may seem insignificant to you could be evident to doctors and paramedics. Attend follow-up visits with your healthcare provider and visit specialists as they recommend.
Evaluation by medical professionals establishes a record of your condition for insurance or legal claims. Hopefully, you will never need it, but in a worst-case scenario, this documentation is invaluable.
Whether you visit a doctor immediately after your accident or not, it is important to get immediate attention for any additional symptoms that appear in the days and weeks after the accident. Keep your own detailed records of your visits and your symptoms.
Of course, you will notify your insurance company after your accident, but it is just as important to let them know about delayed injuries as soon as they become apparent.
Massachusetts Car Accident Laws
If your car accident occurred in Massachusetts, there are a few important things you need to know. By understanding the law, you can choose the best course of action after your accident.
When it comes to car accidents, Massachusetts is a no-fault state. That means you are required to carry car insurance with Personal Injury Protection, and your own insurance covers expenses after an accident, even if it wasn’t your fault.
This has some benefits, as it ensures your coverage and limits the need for litigation. However, it does have drawbacks as well. For example, the maximum payout is capped at $8,000.
It is possible to seek restitution beyond this no-fault system, provided your case meets certain criteria. Specifically:
- You have incurred at least $2,000 in medical expenses and/or
- Your injuries have resulted in permanent and serious disfigurement, fractured bone, or substantial loss of hearing or sight.
In addition, Massachusetts is a Modified Comparative Negligence state with a 51% bar rule. This opens the door for recovering damages, as long as your responsibility in the accident isn’t 51% or greater.
In Massachusetts, the statute of limitations for personal injury cases is three years. This means you have three years—starting on the date of the incident—to file injury claims after a car accident.
As you can imagine, there is a lot to navigate here, and it is smart to seek legal advice before making major decisions. This is one reason it is so important to document injuries, even if they become evident in the hours, days or weeks after the accident. By having a clear picture of the event, any professional you enlist can provide the best possible advice.
What to Do If You Delayed Treatment After a Car Accident
If you avoided medical care after an accident, but you are now experiencing delayed injury symptoms, it is important to address the situation in order to preserve your health and legal standing.
Most significantly, seek medical attention immediately. This gets you on the track to feeling better, and it establishes a record of your injuries that can help provide a link back to the accident.
Follow your physician’s advice and visit any specialists your general care physician recommends.
Keep your own records of medical visits, symptoms, and changes to your condition.
Report your symptoms and injuries to your insurance carrier as soon as possible so they can update your claim, and so they are aware of any expenses.
Keep all records, receipts, and other documentation organized in case they are needed later.
Dealing with delayed car accident injuries in Massachusetts can be confusing, and advice from an experienced legal team is essential. Every situation is unique and requires a very specific approach.
Sweeney Merrigan Personal Injury Lawyers can help. Contact us today to consult with a personal injury attorney so you can better understand your options.