Can I Get Compensation for My Delayed Injuries in New York City?
After an accident, not all injuries are apparent; some take weeks to show aggravated signs and symptoms and can be easily overlooked as they are not visible. In some cases, victims are too quick to judge that they are uninjured because adrenaline masks the pain. Regardless of the situation, an individual can still receive fair compensation for their financial recovery if they encounter delayed injuries.
However, if you think you might receive financial compensation for your delayed injury without any challenge or difficulty, you are mistaken. With verified evidence, it is possible to claim your losses. To learn more about this legal process, visit www.sullivangalleshaw.com.
Common Delayed Injuries:
Although every case has different factors and is unique, certain common injuries may occur after a delay in accidents like car crashes, falls or slips, truck accidents, and more. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Bone fractures
- Soft-tissue injuries
- Disc rupture or herniation
- Psychological damage, post-traumatic stress, or emotional damage
- Whiplash
- Internal bleeding or organ damage
After an accident, you should see a doctor immediately to determine if there’s a chance of possible delayed injuries. This way, you will be able to get help and treatment and have better records for your claim.
What’s the Meaning of the Statute of Limitations?
Individuals who suffer from delayed injuries can sue the defendant for their financial losses and health damages—medical bills, treatments, lost wages, pain, depression, severe trauma, suffering, and other conditions—as long as they file the case within the state’s statute of limitations. This law provides a strict time frame for the right to file a claim or sue someone.
In New York, the statute of limitations provides the victim with a timeline of three years to file their personal injury case. This means the victim can sue the defendant anytime within this timeframe, starting from the date of the accident. It is advised to report and file your case as soon as possible; however, a delayed injury case might be allowed an exception.
What’s the Discovery Rule?
The court very well understands that delayed injuries can often show symptoms days or even weeks after an accident. That’s why the discovery rule allows the statute of limitations to be paused or tolled in cases of delayed injuries.
How Can You Prove Your Delayed Injury?
Even if the law is on your side and you have certain rights to claim your losses, the defendant’s insurance’s lawyers may try their best to refute liability for your damages. They might seek vague statements from you; in such situations, you have the right to remain silent or decline communication with them until you consult your lawyer.
Most importantly, don’t tell the police at the time of filing your report that you are not injured. Instead, go to a doctor, get checked, and explain everything about your accident. The doctor might identify the types of injuries and conditions that could worsen if left untreated and then obtain all copies of your medical records and bills.
While filing your claim, you must submit all the proof of delayed injuries that have been observed by you recently but not at the time of the incident. This makes your claim valid and eligible for a fair payout for your losses.
Documenting all minute details, medical records, and incurred financial losses will help you build a strong case against the offender. With the help of your attorney, you can also consult with forensic and medical experts who can reconstruct the scene and provide an honest evaluation of your injury.
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