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Delayed Pain After an Accident

Denning Law Firm, LLC Jan. 9, 2024

Accidents can shake us to our core. At Denning Law Firm, LLC, we've seen firsthand how a traumatic event can leave you feeling disoriented and even numb. Sometimes, it's not until days or weeks later that the real impact is felt. This is what we refer to as delayed pain. 

Now, you might be wondering: How does this happen? Well, your body has a natural defense mechanism that kicks in during high-stress situations. It releases adrenaline and endorphins that can temporarily mask the pain, giving you a sense of relief. But once these chemicals wear off, the pain that was hidden comes to the surface. This delayed pain can significantly impact your physical and mental well-being. 

Seek Immediate Medical Attention After an Accident 

It's crucial that you don't ignore your body's signals. Even if you feel fine right after an accident, it's essential to seek medical attention immediately. Why? Because a healthcare professional can identify any underlying injuries that aren't apparent yet. They'll provide the treatment you need and document your injuries, which is vital if you decide to make a legal claim later. 

Delayed pain can be a sign of serious injuries like whiplash, soft tissue injuries, concussions, and internal injuries. These aren't just minor inconveniences; they can have lasting impacts if left untreated. The sooner you get checked out, the better your chances are for a full recovery. Plus, seeking medical attention will also strengthen your case if you decide to pursue legal action. 

How Delayed Pain Can Impact Your Claim

Delayed pain can have a significant impact on your personal injury claim. Not only does it make it harder to prove causation, but it can also affect the amount of compensation you receive. Insurance companies may use the argument that your injuries weren't severe enough if you didn't feel them right away. They may even argue that your injuries were pre-existing and not related to the accident at all. 

That's why it's crucial to seek medical attention immediately after an accident and document any delayed pain you experience. This will help support your claim and ensure that you receive fair compensation for your injuries and suffering. 

Is There an Exception to the Statute of Limitations for Delayed Pain?

In most personal injury cases, there is a statute of limitations. This means that there is a specific timeframe in which you must file your claim or risk losing the right to do so. In the state of Missouri, the statute of limitations for personal injury claims is five years. This means you have five years from the date of the accident or injury to file your claim. As for Kansas, the statute of limitations for personal injury cases is two years.  

However, delayed pain can sometimes be an exception to this rule. 

If you experience delayed pain after an accident and only discover it months or even years later, you may still have a valid claim. This is known as the "discovery rule" and allows individuals to file a claim within a reasonable time after discovering their injuries. This rule generally applies in cases where the victim wouldn't have known about their injury right away, so it's essential to consult with an experienced personal injury attorney if you think delayed pain may impact your case. They can advise you on the specifics of the statute of limitations in your state and ensure that you don't miss any important deadlines. 

What to Do if You Experience Delayed Pain

If you start experiencing pain or other symptoms days or weeks after an accident, don't ignore them. Instead, seek medical care immediately. The longer you wait, the harder it can be to prove that your injuries were a direct result of the accident. Plus, delaying treatment can worsen your condition and make it more challenging to heal. 

In addition to seeking medical attention, you should also document any changes in your physical or mental well-being. Keep a journal of your symptoms and how they impact your daily life. This will be valuable evidence if you decide to file a personal injury claim. 

Beyond seeking immediate medical attention and documenting your symptoms, it's essential to inform your personal injury attorney about your condition promptly. This can help them make the necessary adjustments to your legal strategy. Also, refrain from making any statements to insurance adjusters or anyone else about your accident without your attorney present. These statements can be used against you, potentially weakening your claim.  

This may go without saying, but you should always follow your medical professional's advice closely. Skipping appointments, not taking your prescribed medications, or failing to follow through with recommended treatments can harm your case. Insurance companies may argue that your injuries were not as severe as you claim, based on your lack of adherence to medical guidance.  

Lastly, consider seeking support from mental health professionals if you're experiencing emotional distress or anxiety due to the accident or your injuries. Mental and emotional distress are often overlooked but they are equally important and can be included in your claim. Your well-being matters, so treat it with utmost importance. 

Legal Support When You Need It Most

We've dedicated our careers to standing up for victims of personal injury. We understand the hurdles you're facing when dealing with delayed pain. Our team is here to provide the support and guidance you need during this challenging time. 

If you or a loved one is experiencing delayed pain after an accident, don't wait. Reach out to us for a no-cost case review. We'll take the time to thoroughly evaluate your situation, explain your legal options, and fight tirelessly for your rights. You don't have to face this alone; let us be your advocate. Contact Denning Law Firm, LLC today. Together, we can navigate this journey toward healing and justice. 

Our firm, Denning Law Firm, LLC, proudly serves clients throughout Kansas City, Missouri, but that's not all. We also extend our services to Overland Park and Kansas City, Kansas. Whether you're in Olathe, Shawnee, Leawood, or Lenexa, our team is here to provide the legal support you need. We're committed to helping our community, no matter where they're located within these regions.