INJURY*

Delayed Accident Symptoms Claims*

Road traffic accidents* are a common occurrence in Ireland and can leave people with various different injuries. There can be a number of symptoms which may not develop for some time after the accident. These are delayed accident symptoms.

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Road Traffic Accident Side Effects

Many people are unsure of what to expect physically after a car accident as symptoms and injuries will vary for each individual. In many cases, side effects from a car accident* are delayed due to the initial shock and you may not experience pain until a number of days later. Once you begin to overcome this shock the pain can start to become apparent to you.

These symptoms may not develop for a number of days or even weeks following the accident. It is important that you seek medical attention following an accident even if injuries may not be present at first, but a doctor may be able to notice something that you cannot. This can help determine if there may be delayed injuries which have not developed yet.

If you have developed post car accident symptoms following an accident which was caused by another party then you may be entitled to make a claim for damages. It is important to note that if you have decided that you would like to make a claim for personal injuries* that you do so as soon as possible so that your time limit does not run out. Once your time limit of two years less one day is up you will become statute barred and will no longer be able to make a claim.

Delayed Accident Symptoms

There are some pains and symptoms that should not be ignored following an accident as they may be a precursor to something more serious if not treated – it may also affect the outcome of your claim if all injuries are not seen by a medical practitioner.

Neck and Shoulder Pain

Pain in the neck and shoulder can be commonly associated with whiplash and is usually a sign of something more serious. Those who have sustained this type of injury following a car accident may not experience pain for some time. It is important to seek medical attention if you have sustained this injury so that it does not become worse over time. Neck pain can also be a sign of a spinal injury which can be caused by a road traffic accident.

Headache

A headache after a car accident* can be very common and can be caused by a number of different factors. A persistent headache can be a sign of a more serious injury which may have been a delayed symptom following an accident. Common injuries associated with a headache include;

Post-Traumatic Stress Disorder

PTSD is defined as a psychological or anxiety disorder which is caused by a traumatic event in your life. Following the traumatic experience of a road traffic accident, you may develop PTSD. This is a very common side effect of a car accident but it may not become clear for some time. Any psychological issues that arise following the incident are usually attributed to PTSD.

Back Pain

Due to the initial shock of an accident, you may not be aware of your injuries. Once this begins to subside you may begin to feel pain. Back injuries* can include damage to the muscles, joints, discs, ligaments and the spinal cord. Back pain is a very serious condition so it is important to seek medical advice as soon as your pain begins to become clearer.

Numbness of the Limbs

Some injuries may cause symptoms in a number of different areas of the body and not just the part which was injured. In many cases, limbs may become numb and you may experience a tingling feeling. Many people also feel a weakness in the affected area. Numbness of the limbs is a common symptom of a herniated disc. It may pinch the nerves in the spine causing it to become numb.

Abdominal Pain

Abdominal pain can be a sign of internal and soft tissue injuries*. They can also develop into something more serious over time if they are left untreated. Pain in the abdominal area can be a sign of internal bleeding which can lead to headaches, bruising and dizziness. This is one of the most serious delayed symptoms which you can sustain as it can lead to a fatality. You may not become aware of this pain for some time following the accident so you should be aware of the most common symptoms associated with it. Internal injuries can be difficult to identify but can lead to a more serious injury which may cause long-term problems.

Causes of Delayed Accident Symptoms

  • Road traffic Accidents*
  • Speeding
  • Driving under the influence of alcohol or drugs
  • Failing to wear a seatbelt
  • Breaking the rules of the road

Delayed symptoms may also be caused by other types of accidents such as accidents in the workplace*, public place accidents* and Medical Negligence*.

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How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Being that mine was a sensitive and personally hard case, I found Paul and his vastly experienced team exceptional.
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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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