Delayed Injuries
When you are in an accident, you could suffer an injury. Most times, those injuries are self-evident, like a broken bone or bleeding. Because you know you have been injured, you seek medical attention. When the accident wasn’t your fault but was caused by another person or entity’s negligence, recklessness, or intent, you can seek damages. And that’s a good thing because an injury can be expensive not only in terms of medical bills but the loss of earnings or the pain and suffering you experience, all (and more) of which can be demanded and compensated if proven by a preponderance of the evidence.
When you have delayed injuries, however, and (1) do not seek immediate medical attention and (2) the cause of your injury is the fault of another person or entity, your right to fair and just compensation may encounter challenges. The at-fault party may question the real cause of your injury and try to blame you to reduce or avoid paying compensation.
This is why an experienced personal injury attorney in Los Angeles is key to the success of your personal injury claim: knowledge, insight, and resources to fight. We help you find the right attorney who understands and can successfully win a settlement or an award that fairly and justly compensates you for your injuries, even if the symptoms of the injury were delayed.
In the meantime, here’s what you should know about delayed injuries and compensation for personal injuries in Los Angeles. To learn more or to begin your own personal injury claim, contact us––we’ll help you find the right attorney for your case.
What are Delayed Injuries?
A delayed injury is just that: an injury that doesn’t immediately show signs or symptoms. It could be hours or days later, but, in some cases, it can be weeks later. Delayed injuries occur for two basic reasons:
1. The nature of the injury itself may be that it simply doesn’t show until after the accident; or
2. The victim may experience a spike in adrenaline at the time of the accident, and this adrenaline helps mask certain feelings, pain, or injuries.
The sooner you consult with an attorney, the better chances you have to win. And your consultation is free.
What Are Common Delayed Injuries & Their Symptoms in Los Angeles?
There are several injuries that often show signs and symptoms well after the incident causing the injury has occurred. Below is an overview of these injuries and their symptoms.
Whiplash
Whiplash is one of the most common types of injuries. It occurs when a person’s head and neck are thrust forward due to a sudden and intense impact and then snaps to a stop. Whiplash is common in auto accidents, but––according to Healthline––whiplash can also result from other accidents, like:
- Auto accidents
- Physical abuse, such as being punched or shaken [e.g., domestic violence]
- Contact sports, like football, soccer, and boxing
- Horseback riding
- Bicycling
- Falls (where the head violently jerks backward), like a slip and fall at a store or at a construction site.
Whiplash can take hours or even up to five days to materialize. Common symptoms to watch out for include:
- Pain in the neck
- Stiff neck
- Headaches
- Dizziness
- Blurred vision.
Whiplash can be treated successfully or it can lead to chronic pain that a victim must deal with for an entire life.
Soft Tissue Damage
Soft tissue damage is localized lesions to a person’s ligaments, muscles, and tendons. Specific injuries include sprains, strains, whiplash, bruises, hernias, lacerations, and abrasions. These types of injuries can be particularly difficult to prove in personal injury cases not only because there can be a delay in their discovery but because they can be caused by many different activities. Accidents that can rise to the level of a personal injury claim and that also commonly cause soft tissue damage include:
- Auto accidents
- Bicycle accidents
- Slips and falls
- Workplace accidents
- Nursing home accidents
- Dog bites or other animal attacks.
Symptoms of soft tissue damage can include:
- Localized, sharp pain
- Bruising or localized discoloration
- Stiffness
- Inflammation.
The thing to keep in mind about soft tissue damage is this: they can be caused by many things, including overuse of a specific body part (e.g., a knee). Insurance companies often try to claim the soft tissue damage was caused by something else other than their insured’s negligence or recklessness, and then they will try to lower or avoid a settlement.
Back Injuries
Back injuries can be particularly troubling and painful. They can result from any of the above-listed types of accidents but are very common in:
- Auto accidents
- Workplace accidents
- Trips, slips, and falls.
These types of injuries can present the following symptoms immediately or hours and days later:
- Pain
- Numbness
- Balancing problems
- Breathing problems
- Weakness
- Limited movement or range of motion
- Loss of bladder or bowel control.
Back injuries are also a common cause of chronic pain, which is another important factor in any fair and just settlement or verdict award.
Concussion
A concussion is the least severe type of traumatic brain injury (TBI). It occurs after a severe blow to the head––the brain actually strikes the inside of the skull. According to the Centers for Disease Control and Prevention, falls is the leading cause of concussions but can also result from other types of accidents:
- Falls
- Struck or hit by an object, e.g., at the workplace or by assault
- Auto Accidents
- Contact sports or recreational sports, e.g., football or soccer
- Horseback riding
- Bicycling.
A concussion may appear mild at first, so much so you may not notice it. Delayed symptoms include:
- Headaches
- Balance problems
- Mood changes
- Disorientation
- Ringing in the ears
- Nausea or vomiting.
If you experience any change of mood or habits (even changes in your eating or ability to sleep), that could indicate a concussion, too. The unfortunate thing, however, about concussions is that they can become more severe over time and have lifelong complications if not treated.
Emotional Distress
Though emotional distress is not a physical injury, it is a mental injury that qualifies for compensation in the State of California. The problem with this type of injury––like those above––is the delayed effect of such an injury. Emotional distress is caused by a violent or traumatic incident, like a car accident or a dog attack. It can materialize as:
- Anxiety
- Mood changes
- Eating changes
- Sleeping changes
- Flashbacks
- Nightmares
- Depression
- Other.
Many victims, however, do not always recognize or understand that they are undergoing emotional distress. Only a smart, experienced attorney (and obviously doctor) can help you identify emotional distress in cases where it’s not obvious to the victim or those close to the victim. Further, this type of injury can be life-changing and long-term.
Why Do Delayed Injuries Matter in California Personal Injury Cases?
Delayed injuries matter to California personal injury cases because it can make a difference in the value of your settlement or award. This happens in two basic ways:
The Insurance Company. The insurance company doesn’t have any respect for delayed injuries and will challenge any claim that includes them. Insurers are often successful, too, because a victim may not have sought immediate medical attention. The victim may not have done so because symptoms did not immediately present themselves. This opens the door to problems for your case. So, always seek medical attention after an accident––any accident––to create a paper link between the accident and any related injury that may surface later.
You/Victim. Here, the same is true as above-mentioned. You may not realize that an injury that surfaces after an accident (but not immediately after it) is related to the accident until it’s too late. By the time you realize it (if you do), you may have already settled with the insurance company. Now, you can’t go back and obtain compensation for the delayed injuries and you are stuck with the medical and other expenses associated with it. So, always seek the counsel of an experienced personal injury attorney in Los Angeles who can make sure all your injuries are included in a claim and who can identify any delayed injuries based on his or her experience and knowledge.
Retain a Personal Injury Lawyer in Los Angeles Today
A personal injury lawyer’s knowledge of delayed injuries and complications related to them can be a significant part of your case. Contact us today so that we can make sure you find the best personal injury attorney in Los Angeles specific to your case.
