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Delayed Pain After An Accident In Arkansas? Understanding Your Options

  • By: Bradley Mullins, Esq.
Woman in a neck brace and head bandage consulting a nurse about delayed pain after an accident in Arkansas personal injury law.

In this article, you will discover:

  • Common accident-related injuries that result in delayed symptoms.
  • Whether you can file an injury claim after you told police at the accident scene you were fine.
  • Whether you can receive compensation for accident injuries if you didn’t seek treatment immediately.

What Are Some Common Accident-Related Injuries That Can Result In Delayed Symptoms?

Closed head injuries and concussions can result in delayed symptoms. You may not know you’ve had a concussion immediately following an accident. That’s why it’s so important to get checked out by a medical professional, even if you don’t think you’re injured.

The most common injury is whiplash. Often, after an accident, your adrenaline is high, and you’re not thinking about pain. You’re still stressed, scared and agitated. However, the next day, after you’ve slept and calmed down, the neck pain, whiplash, strains and sprains start to show.

If I Told The Police I Felt Fine At The Accident Scene, Can I Still File An Injury Claim?

Even if you told the police you were fine at the scene of the collision, you still have a right to file an injury claim. In Arkansas, police reports are hearsay, which means they’re not admissible as evidence in court. Also, the police officer is not a medical professional. Their job is to investigate the crash and make a report of what happened. It’s not their job to diagnose or treat any injuries.

It’s human nature to tell people you’re fine. Most people don’t want to look like they’re weak or malingering. It’s common for someone to say they’re fine and then a day or two or later to start experiencing pain. Regardless of what you said, you still have valid injury claims.

Can I Still Receive Compensation For An Injury If I Didn’t Seek Medical Attention Immediately?

Yes, you can receive compensation if you don’t seek immediate medical attention. Insurance companies will sometimes try to characterize a delay in treatment of more than a couple of weeks to devalue your claim or argue about it.

That doesn’t mean you don’t have a valid claim. You just need to listen to your body, get checked out by a doctor, get treatment and let your attorney worry about fighting your insurance company and getting you compensation.

Why Are Medical Records So Crucial To Accident Injury Claims?

You need some kind of objective proof of your injuries from a healthcare provider, whether it’s a medical doctor, physical therapist, chiropractor or anybody that is licensed to diagnose and treat injuries. If that provider can take your injuries and subjective complaints and reduce them to an objective form, this documentation can prove your injury and link that injury to the accident.

Is It Still Worth Contacting An Attorney If I Experience Accident-Related Symptoms Later On?

If you delay, the insurance company will argue you couldn’t have been hurt or that your current pain is made up or unrelated to the accident. They fight injured people who wait through the pain or whose pain doesn’t show up until later. An experienced car accident attorney can help defeat those arguments and make sure you get the compensation you deserve.

Case Study: When Pain Is Delayed After An Accident

In one specific case, my client was hurting for a couple of days after the accident but didn’t do anything. After two-and-a-half to three weeks, they finally saw their doctor and started physical therapy. The insurance company argued that the pain wasn’t related.

When the client said they started hurting a couple of days after the accident but tried to work through it, the insurance company attempted to discredit the client. However, eventually, with the medical records and the objective testimony from the doctor, we were able to get the claim handled. The client was fully paid for their injuries and got some money for pain and suffering.

Still Have Questions? Ready To Get Started?

For more information on delayed injury symptoms after an accident in Arkansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 750-2334 today.

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