After getting into a car accident, you might be feeling fine. Maybe a bit shaken, but nothing major or alarming. However, two weeks later, the pain starts to creep in. This common scenario can create unexpected challenges in pursuing a claim.
Your filing deadline under Arizona law
Per state law, you generally have two years from the date of the crash to file a lawsuit. This two-year window may seem like plenty of time. However, when symptoms do not appear right away, valuable weeks or months can slip by before you even realize that you have gotten hurt.
While the discovery rule might delay the clock from starting until you discover or reasonably should have discovered your injury, this is rarely applicable. It is always safer to assume your deadline runs strictly from the date of the crash, rather than hoping for extra time.
Common delayed symptoms after an accident
Some injuries after a crash can take time to show symptoms. These can include:
- Whiplash and other soft tissue injuries
- Concussions and mild traumatic brain injuries
- Herniated discs and back injuries
- Post-traumatic stress disorder
Internal injuries present another serious concern because damage to organs may not cause noticeable symptoms immediately, but can become life-threatening if left untreated.
The ways delayed symptoms can affect your claim
Insurance companies often look for reasons to minimize or deny claims. A gap in medical treatment can raise questions about:
- Whether the accident actually caused your injuries
- How severe your condition truly is
- Whether you followed appropriate medical advice
Because of this, you might want to consider creating detailed records of your symptoms as they develop, medical visits and how they have affected your life. Consulting a legal professional can also help establish the connection between the crash and your delayed symptoms, which might reduce the risk of your claim getting dismissed.
Protecting your rights after an accident
Taking certain steps after an accident may help safeguard both your health and your potential claim. Consider seeking medical attention within 24 to 72 hours of any collision, regardless of how you feel. Be honest with your doctor about the crash and any symptoms, even minor ones.
Documenting everything related to your accident and injuries is equally important. Save copies of medical records, keep receipts for treatment and photograph any visible injuries as they appear.
Your health and your legal options deserve attention, even when you feel fine in the moment. What seems like a minor inconvenience today could develop into a significant issue tomorrow.