After an accident, most people expect an injury to show up right away. If you did not lose consciousness, were not taken to the ER, or felt “okay” after an accident, it’s easy to assume you got away without any injury. But, the reality is that just because you seem “okay’ after an accident doesn’t always mean that is the case. Some injuries, such as traumatic brain injuries, may not always be apparent immediately after an accident. Many people start experiencing symptoms days or even weeks after their accident. When that happens, a common question that comes up is, “Can you still file a TBI claim if symptoms were delayed?” The short answer is yes.
Why Do TBI Symptoms Often Show Up Late?
Traumatic brain injuries affect how the brain works internally, which is very different from visible injuries such as broken bones or cuts. Swelling, inflammation, or brain damage might take time to develop. Additionally, adrenaline and shock can mask pain and other symptoms. This is why many people feel “okay” at first but then begin noticing issues later.
Common delayed TBI symptoms include:
- Persistent headaches
- Dizziness
- Fatigue
- Memory problems
- Confusion
- Sleep disturbances
- Sensitivity to light or noise
- Anxiety and depression
The above and many other symptoms may appear gradually, making it harder to immediately link them to the accident.
Can You Still File a TBI Claim if Symptoms Delay?
Yes. In both Kansas and Missouri, you can file a TBI claim even if you experience symptoms days or weeks after the accident. In both states, personal injury claims are based on when and how the injury occurred and not on when symptoms first became noticeable. If another party’s negligence led to the accident that caused your injury, you can still pursue compensation even if symptoms did not show up until days or weeks later.
The key issue is proving that the accident caused your injury. Often, this requires presenting medical records, diagnostic test results, professional evaluations from neurologists or other specialists, and accident reports.
Importance of Seeking Prompt Medical Care
If you begin experiencing TBI symptoms days or weeks after an accident, ensure you seek immediate medical attention. Don’t forget to inform your doctor about the accident and when it happened. This is vital for creating a documented connection between the accident and your injury.
Waiting too long to seek medical treatment can allow insurance companies to claim that your injury is unrelated to the accident. Getting medically evaluated promptly helps protect your health and legal rights.
How Insurance Companies View Cases Involving Delayed Symptoms
Insurance companies often dispute TBI claims involving delayed symptoms. They might argue that the injury is minor, pre-existing, or not connected to the accident. However, both the medical field and personal injury law recognize delayed TBI symptoms. With the right evidence and legal assistance, you can effectively counter these insurance tactics.
Time Limits Still Apply
A vital thing to note is that even if TBI symptoms appear later, the statute of limitations still applies. In Kansas, you generally have two years to file your lawsuit. On the other hand, Missouri law gives you five years to initiate a personal injury lawsuit. Missing the set deadline can prevent you from recovering compensation.
Contact Us for Legal Help
If you are experiencing delayed TBI symptoms, speak with our experienced brain injury counsel at Griggs Injury Law to protect your rights and explore your legal options.
