Traumatic brain injuries (TBIs) are a common result of car accidents. While some symptoms appear immediately, others may take days or weeks to develop.
Delayed symptoms can affect a car accident claim in several ways. Recognizing these challenges early can help protect your right to fair compensation.
Understanding delayed TBI symptoms
TBIs can cause a range of physical, emotional and cognitive symptoms. Common delayed symptoms include headaches, dizziness, memory loss and mood changes. Some people may experience fatigue or changes in their sleep patterns. These symptoms may not be obvious right after an accident because the brain’s response to trauma can be slow.
Ignoring these delayed symptoms can harm a car accident claim. Kentucky follows a no-fault car insurance system. This means that a person’s own insurance typically covers medical bills and lost wages. However, if the injury is severe, the injured person may pursue a claim against the at-fault driver. Proving that the car accident caused a delayed TBI requires strong medical evidence.
Why early medical attention is important
Seeking medical attention as soon as symptoms appear is important. A doctor will document the symptoms and link them to the accident. Medical records play a key role in proving the cause of the injury. In Kentucky, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident or the last personal injury protection payment. Delayed symptoms can complicate this timeline if they are not addressed quickly.
Connecting delayed symptoms to the accident
Insurance companies may question whether delayed symptoms relate to the accident. Gaps in medical treatment can lead to disputes about the injury’s cause. Consistent medical care and thorough documentation strengthen a claim. Diagnostic tests, like MRIs and CT scans, can provide objective evidence of a TBI.
How delayed symptoms affect compensation
Delayed TBI symptoms can increase the overall cost of recovery. Ongoing medical treatment, rehabilitation and lost wages may add up over time. Kentucky law allows injured individuals to seek compensation for both current and future medical expenses. Proper documentation of delayed symptoms ensures that the final settlement will account for these future costs.
Early medical care and thorough records can make a significant difference in the outcome of a car accident claim. If you’ve been injured in a car accident, talk to the experienced car accident lawyers at Edwards & Kautz.