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Have You Suffered Trauma to the Head?
When you are involved in an accident, whether in a collision with another vehicle or while at the workplace, you may walk away feeling completely fine. That is, until you start feeling off a ways down the line. Even when you start recognizing the signs of a head injury, such as headaches or dizziness, you may still not immediately assume it is a result of an accident you were involved in a while back.
When you finally realize that your symptoms are likely a direct result of your head injury, you may be unsure of your legal options, especially if your injury is severe enough to require medical attention or cause you to miss work.
The personal injury attorneys of Finn Trial Attorneys are here to answer all of your questions, including your legal options if you realize your injuries were more severe than you initially believed. Call our San Diego office to schedule a free consultation by calling 619-375-5105.
What Is a Delayed-Onset Concussion?
When you suffer a traumatic brain injury but don’t immediately experience symptoms, you are likely experiencing a delayed-onset concussion. This is common in personal injury cases, especially involving car crashes, motorcycle accidents, or slip-and-fall accidents. Sometimes, the adrenaline rush or initial shock can mask the effects of the head trauma.
Instead of symptoms appearing right away, they may take hours, days, or even weeks to surface. Common delayed symptoms often include:
- Persistent headaches
- Dizziness or nausea
- Blurred vision
- Memory problems or confusion
- Sleep disturbances
- Mood changes and irritability
Because these symptoms can be subtle, or even attributed to stress or fatigue, people often don’t realize they have suffered a concussion until much later. They may not associate these symptoms with their accident until they begin to overwhelm them, and they finally visit a medical professional. Once the doctor confirms that their head injury is likely the cause of the symptoms, it can leave them wondering what their legal options are.
Finn Trial Attorneys understand how important it is to recognize and document these delayed injuries so you are not denied the compensation you deserve simply because you didn’t experience symptoms right away.
Can You Still File a Claim if Symptoms Show Up Later?
You certainly can still file a personal injury claim in California even if your concussion symptoms appear days or weeks after the accident. Delayed symptoms are common with concussions, and courts recognize that not all injuries are immediately apparent, especially when it comes to brain injuries.
Under California law, what matters is whether or not you can show that:
- The injury resulted from the accident, and
- You took reasonable steps to seek medical attention once symptoms began.
What matters most is timely documentation. When you start noticing symptoms after the fact, it is critical to seek medical attention right away and explain the connection to the original accident. Your medical records, along with testimony from doctors or neurologists, can help establish a clear link between the delayed symptoms and the incident.
Our law firm understands that insurance companies are going to try to undermine your claim by questioning your delayed medical attention. That’s why we act quickly to gather evidence and consult medical experts to build a compelling case, so you are not penalized for symptoms that didn’t immediately make themselves known.
What Can Hinder a Delayed-Onset Concussion Claim?
Delays in seeking medical treatment, inconsistent symptom reporting, failing to connect your symptoms to the accident, or gaps in documentation can weaken your claim. Posting on social media or downplaying symptoms can also be used against you. Insurers may argue that your injury isn’t serious or unrelated to the accident.
We can help you avoid these pitfalls and protect the strength of your personal injury case.
How Long Do You Have to File a Personal Injury Claim in California?
In our state, the standard statute of limitations for filing a personal injury claim is two years from the date of the accident. That means that if you suffer a concussion in a car accident, slip and fall, or at the workplace, you typically have 24 months to take legal action.
In cases involving delayed concussion symptoms, the timeline may be more flexible under what is known as the delayed discovery rule. This legal principle allows the statute of limitations to begin when you knew, or reasonably should have known, that you were injured and someone else’s negligence caused that injury.
For example, experiencing symptoms weeks after the accident and later being diagnosed with a concussion linked to the crash, your two-year window may start from the date of diagnosis or awareness, not the date of the accident itself.
With that said, the courts apply the discovery rule cautiously, and proving delayed awareness requires significant documentation. At Finn Trial Attorneys, we help clients act quickly to protect their legal rights and ensure that critical deadlines are met.
Do You Need a Personal Injury Attorney for a Delayed-Onset Concussion?
Because of the legal technicalities that come with a delayed brain injury claim, hiring a knowledgeable personal injury attorney can help you significantly improve your odds of a successful claim. Insurance companies often dispute these claims, questioning the timing and “real” cause of your injury.
We will work diligently with you to gather the pertinent medical evidence, expert consults, and connect your symptoms to your injury. All you have to do to get started is call 619-375-5105 to schedule a free consultation with the experienced team at Finn Trial Attorneys. Don’t delay your claim even further; call as soon as you suspect your accident was worse than you initially believed.
