Delayed injuries after a car accident are much more common than many Nevada drivers realize. Days or even weeks after a crash, new symptoms may arise that were not present at the scene of the accident. Insurance companies often try to get accident victims to settle their cases before the full extent of their injuries is known.
Why Some Injuries Don’t Appear Right Away
After a crash, the effects of adrenaline and shock can mask pain and other physical symptoms. Although accident victims feel okay initially after a collision, they often report an increase in pain when inflammation sets in or internal injuries develop over time. Injuries to soft tissues, along with spinal and head trauma, typically show symptoms some time after they occur.
Delayed injuries are common issues in Nevada car accident cases because insurance companies often argue that the injuries were unrelated to the accident. Prompt medical evaluation and treatment help to ensure there is documentation that will later connect any new symptoms to the accident.
Where These Injuries Happen
Traffic collisions in Southern Nevada occur on many of our region’s high-traffic roadways, including Interstate 15, US 95, and Las Vegas Strip area roads. These delayed injuries and others often occur when people are involved in high-impact collisions or experience traffic-related injuries on busy roadways with traffic congestion. Hospital emergency rooms are common sites for the initial treatment of delayed injury symptoms.
These hospitals include University Medical Center of Southern Nevada on West Charleston Boulevard and Sunrise Hospital and Medical Center on South Maryland Parkway. With both of these hospitals and others in the region, an individual may not show the symptoms of a serious injury for several days. The Eighth Judicial District Court on 200 Lewis Avenue in Las Vegas, Nevada, often handles injury claims from car crashes in our area.
Common Types of Delayed Injuries
In Nevada in 2023, there were 406 fatalities resulting from traffic accidents and 1,176 serious injuries. This was an increase from the previous year, which had 1,130 serious injuries. There are a number of different injuries that can show up delayed, including:
- Whiplash. Common delayed symptoms for whiplash include stiffness in the neck and headaches.
- Concussions. These and other brain injuries can come with dizziness, memory loss, and nausea.
- Back injuries, including herniated discs and spinal strain, can also take time to fully manifest as swelling worsens and ranges of motion are reduced.
- Internal injuries such as organ damage and internal bleeding are also associated with delayed symptoms that can progress and become serious medical emergencies before being noticed.
All of these types of delayed conditions can impact car accident claims. This is why it’s important to seek medical attention right away.
The Risk of Settling Too Early
Insurance companies often call accident victims early to present settlement offers. These offers can sound very appealing during a stressful time, but settling early can come at a high cost. Finalizing a settlement generally means that a victim waives their right to pursue any additional compensation for injuries in the future.
Delayed injuries can result in long-term medical treatment, missed work, and other serious limitations that were not included in early settlement offers. The Nevada legal system does not demand that victims rush through their claims because waiting often protects their ability to obtain financial recovery.
Nevada car accident laws make it a modified comparative negligence state, which means a victim’s compensation could be reduced if they are partially liable for the accident. Delayed injuries, however, do not weaken a Nevada car accident claim simply because new symptoms did not present themselves right away.
The medical evidence within the claim functions as the key component in linking the accident to the injury. You must file the claim within the statute of limitations from the date of the injury, or when it was reasonably discovered.
Do Not Wait to Seek Medical Care
Seeking medical attention after an accident is important not only for your health but also for legal purposes. Even if the symptoms seem minor at the scene, a medical evaluation can create a record for your injuries that can be used in future legal proceedings. Follow-up care is also important, especially if your symptoms worsen or if you begin to experience new issues.
Waiting to seek medical treatment can open the door for insurance companies to dispute the injuries later on. Nevada courts will typically scrutinize the medical timelines in car accident cases where delayed injuries are a factor.
What to Do if Symptoms Appear Later
If you start experiencing symptoms days or weeks following an auto accident, seek medical care and be sure to tell your health care provider that you were in a car accident. Keep detailed records of any symptoms or treatment and ways in which your injuries impact your day-to-day activities. Do not make any statements to insurance companies without knowing how they may try to use your words against you.
Simply because an injury does not manifest immediately following an accident does not mean your claim is invalid. However, the stronger your proactive steps to obtain care and document all issues related to the accident, the better your position will be.
FAQs
How Long Does an Insurance Company Have to Settle a Claim in Nevada?
Insurance companies in Nevada must acknowledge and investigate claims promptly, but there’s no specific deadline to force a final settlement. Insurers must evaluate liability and damages in good faith. Some delays are expected when injuries are ongoing, liability is disputed, or more documentation is needed to assess the claim properly.
Do Insurance Companies Want to Settle Quickly?
Insurance companies often push for fast settlements. They are especially keen to settle when injuries seem minor or when liability is obvious. Offers early in a claim are usually made to cap a payout before knowing how much medical treatment or long-term consequences may be. Fast settlements disproportionately favor insurers over accident victims. This is particularly true when injuries that take time to manifest develop.
How Long Do Car Accident Injury Cases Take to Settle?
Car accident injury cases can last from a few months to much longer. The length of time depends on the extent of injuries, the time it takes to get well, and whether liability is in dispute. Claims with delayed injuries or long-term treatment will generally take longer to settle. This is due to the need for the medical records to fully reflect the effect of the accident before negotiations for a settlement can be finalized.
What Is a Fair Amount to Ask for Pain and Suffering?
The appropriate compensation for pain and suffering varies based on how injuries impact daily activities, along with recovery duration and emotional distress, as well as long-term limitations. This part of the claim takes into account ongoing pain along with reduced quality of life and continuous treatment requirements. There is no set formula, so careful evaluation is important.
Hire a Car Accident Lawyer With Easton & Easton
Easton & Easton is a family law practice with over 100 years of combined litigation experience. Easton & Easton has been honored by Super Lawyers, Best Lawyers in America, and National Trial Lawyers. Our car accident attorneys are known for being well prepared, having integrity, and always vigorously advocating for accident victims throughout Nevada. Contact us today to get started with your claim.
ES