The statute of limitations for a personal injury lawsuit in Georgia is usually two years. Thus, if you experience delayed pain after a car accident, you could seek compensation. You might have more time in certain circumstances.
Exceptions to the statute of limitations
If mental incapacity prevented someone from filing a lawsuit, then they may be able to receive an extension. In situations where an injury or illness developed after the statute of limitations, you might be able to still seek compensation. However, you would need to prove that the defendant is responsible for the injury or illness. Minors may also have an extended statute of limitations because they can’t start a lawsuit on their own under the age of 18. Their parent would have to file on their behalf while they are a minor.
What to do about delayed pain
After a car accident, you may want to avoid signing a settlement until you give your body time to reveal any injuries or illnesses. The first checkup isn’t always able to catch them. You might want to wait until you reach maximum medical improvement (MMI) to agree to a settlement. If you were to settle too soon, you can’t recover compensation for the injury or illness you discovered later.
Common delayed injuries that motor vehicle accidents cause include back problems, traumatic brain injuries, internal bleeding and emotional pain and suffering. In the months after a car accident, you must take symptoms like headaches, abdominal pain, neck stiffness and pain, shoulder stiffness and pain and changes in behavior seriously. These are symptoms of spinal injuries, traumatic brain injuries and other health issues.
Good recordkeeping supports any claim you want to make. After a car accident, you could keep a health journal where you record both the physical and mental symptoms that you experience. It helps quantify and prove your damages. Keeping a journal also helps your healthcare providers identify and treat your issues.
It’s possible to seek compensation for delayed pain after a car accident. You would need to file a lawsuit within the statute of limitations and prove that the other person is responsible for your damages.