Car accidents are known for causing serious injuries, but injuries are not always immediately apparent. Sometimes, injury symptoms do not show up for some time after an accident. It may still be possible to file a lawsuit, but time may be of the essence, and you should call a lawyer right away.
If your claims are still within your state’s statute of limitations for personal injuries, you still have time to file a lawsuit for damages, but you must be ready to prove that your new injuries are directly related to an old car accident. If the limitation period on your claims has closed, it may still be possible to file your lawsuit if we can have the limitation period tolled. For example, courts often toll the limitation period if plaintiffs did not discover their injuries until some time later.
Begin your case with a free legal review by calling our Dallas car accident lawyer with The Queenan Law Firm at (817) 476-1797.
Can You Still Sue if Injury Symptoms Appear Long After a Car Crash?
It may be possible to file a lawsuit for injuries from a car accident even if those injuries do not appear for some time. However, there are strict time limits at play that you must discuss with your lawyer.
Statute of Limitations
The statute of limitations is a law that limits the amount of time a person has to file a lawsuit. The limitation period for personal injury claims, which are common in car accident cases, varies from state to state. Many states allow plaintiffs several years to file a lawsuit, but you must check your specific state laws.
If the limitation period is still open on your claims, you can still file your case. However, if the limitation period has closed, you may only file your case under very special circumstances, as discussed in more detail below.
When Your Claim Accrues
The limitation period on your claims begins when your claims accrue. For many, claims accrue on the day of a car accident. For others, claims may not accrue until they discover the injuries from the accident.
If symptoms of injuries from a car accident did not arise until a long time after the accident, our car accident lawyers may argue that your claims did not accrue until you discovered the injuries, meaning the statute of limitations on your claim is still open.
Did You Miss the Signs?
Did the symptoms appear long after the accident, or did they start a while back but only became worse recently? If the symptoms began right after the accident but have only recently become worse, the limitation period likely began after the crash, not when you noticed your symptoms. As such, your time to file your case may be running out or already over.
What if the Statute of Limitations Has Closed on Your Car Accident Claims?
If the statute of limitations is closed, you are barred from bringing your claims unless you can present a reason to have the limitation period tolled.
Were You a Minor?
The law generally allows people who were minors when they were injured to have the statute of limitations tolled. Instead of beginning on the date of the car accident, the limitation period on your claims would begin on your 18th birthday.
If you were a minor when the car accident happened, and your symptoms have only appeared recently, you might still have time to file a lawsuit.
Your Symptoms Were Misdiagnosed
Perhaps you went to the hospital after a car accident, but doctors failed to detect internal injuries, and those injuries became worse over time until you began noticing other symptoms. In that case, we can argue that the limitation period should begin on the date you discovered the injuries rather than when the car accident occurred.
Defendant’s Absence from the State
If the defendant leaves the state before a plaintiff can bring legal action, it may be difficult to locate and serve them with legal notice of the lawsuit. You have the statute of limitations tolled while the defendant is outside the state and beyond the reach of long-arm statutes, as long as you are doing your due diligence to find them.
Even if new symptoms of injuries do not arise until years later, the clock might already be paused, and we can add new claims for your injuries to your case.
How Do You Know if New Symptoms Are Related to an Old Car Accident?
When symptoms of injuries arise a long time after a car accident, it may be difficult to determine if the symptoms are from the car accident or if something else caused new injuries after the accident.
Medical Evaluations
You must get a medical evaluation after a car accident. It is also a good idea to go through several follow-up evaluations to make sure that there are not previously undetected injuries. Accurate medical records can help us connect your new symptoms to the car accident.
Ruling Out Other Causes
The opposing party will likely argue that something happened after the car accident to cause your injuries, which is why they have appeared so long after the accident.
Using medical records and testimony from medical professionals, we may rule out other potential causes of your injuries. We may also need your testimony about what has happened since the initial car accident.
How Long Ago Was the Car Accident?
While it is not unusual for symptoms of injuries to arise some time after a car accident, you should talk to your lawyer about how long ago the accident happened. Was it a few weeks or months ago? The longer ago the accident, the harder it may be to connect it to new symptoms.
Can You Sue for a Car Accident from a Long Time Ago?
It may be possible to file a lawsuit for a car accident that happened a long time ago if injuries from that accident have only recently arisen. However, connecting new symptoms to an old accident can be difficult, and medical evidence may be key to your claims.
How Do I Prove That New Symptoms Are Related to an Older Car Accident?
To prove that your new symptoms are from an older car accident, we need medical records from when you were treated and testimony from your doctor. We may also need you to testify about what has happened, if anything, since the accident so we can rule out other possible causes of your injuries.
Will Insurance Pay for New Injuries from an Old Car Accident?
Maybe. If the accident happened a very long time ago, it is unlikely that your insurance or the other driver’s insurance will willingly cover your new injuries. We would likely need to bring your claims to court to make them pay.
Get Help Now from Our Car Accident Attorneys
Begin your case with a free legal review by calling our Austin personal injury lawyer at The Queenan Law Firm at (817) 476-1797.