Car accidents can be traumatic, and in the immediate aftermath, adrenaline often masks pain or injury. Many people feel fine immediately after a crash, only to develop serious symptoms hours or even days later. Ignoring these symptoms can lead to long-term health issues and may jeopardize a personal injury claim. Seeking medical attention and documenting injuries as soon as possible is crucial for both your well-being and your legal rights.
Under Illinois car accident law, victims have the right to pursue compensation for injuries caused by another driver’s negligence. However, insurance companies often use delays in medical treatment as an excuse to deny or reduce claims. Understanding the risks of post-accident symptoms and knowing your legal options can protect your health and financial future.
Some injuries take time to fully manifest. Even if you feel fine, lingering symptoms could indicate a serious underlying condition. Here are some symptoms that should prompt immediate medical evaluation:
Seeking medical attention immediately after a crash, even if symptoms seem mild, ensures injuries are properly diagnosed and documented.
Under Illinois personal injury law (735 ILCS 5/13-202), car accident victims have two years from the date of the accident to file a lawsuit for injuries. However, waiting too long to seek treatment can negatively impact your case.
Insurance companies may argue that:
Prompt medical treatment establishes a clear connection between the accident and your injuries, making it harder for insurance companies to deny your claim.
Medical records play a key role in proving the severity of injuries and calculating damages. If a doctor diagnoses a condition shortly after the crash, it strengthens your claim. Documentation should include:
Comprehensive records make it more difficult for the opposing party to argue that your injuries were unrelated to the accident.
After an accident, insurance companies often pressure victims to accept quick settlements. However, if injuries have not fully manifested, accepting an early offer can result in inadequate compensation. Many conditions, such as soft tissue injuries or traumatic brain injuries, can require long-term treatment.
Once a settlement is accepted, victims waive their right to seek further compensation. This is why it is critical to fully assess the extent of injuries before finalizing any agreement.
If you begin experiencing symptoms after a crash, take the following steps to protect your health and legal claim:
Even if you feel uninjured, you should still seek medical evaluation. Many injuries do not present immediate symptoms, and a doctor can identify conditions that may worsen over time.
Yes. Illinois law allows victims to seek compensation for injuries, even if symptoms develop after the accident. However, delays in seeking treatment can make it more challenging to prove that the accident caused the injury.
Under 735 ILCS 5/13-202, you have two years from the accident date to file a personal injury lawsuit. However, if the claim involves a government entity, the deadline may be shorter.
An attorney can challenge the insurance company’s argument by providing medical evidence and expert testimony that supports your case. Many insurance companies initially deny claims to avoid paying fair compensation.
It is not advisable to accept an offer without consulting an attorney. Once a settlement is finalized, you cannot seek additional compensation, even if new symptoms develop.
Yes. A car accident lawyer can gather medical records, expert opinions, and accident reports to establish the link between the crash and your injuries, even if symptoms are delayed.
The amount of compensation depends on the severity of injuries, medical expenses, lost wages, and pain and suffering. An attorney can assess your damages and negotiate a fair settlement.
Under 735 ILCS 5/2-1116, Illinois follows a modified comparative fault rule, meaning you can still recover damages if you are less than 50% at fault for the accident. However, your compensation will be reduced based on your percentage of fault.
Yes. Whiplash, concussions, and soft tissue injuries often take time to develop. Symptoms like headaches, dizziness, and neck pain may not appear until 24 to 72 hours after the crash.
If your injuries require ongoing care, your settlement should reflect the cost of future medical expenses. An attorney can ensure that all future medical costs are accounted for in your claim.
Ignoring post-accident symptoms can have long-term consequences for both your health and your legal rights. If you experience symptoms after a crash, The Law Offices of Robert T. Edens, P.C. can help you pursue the compensation you deserve.
Contact our Cook County car accident lawyers at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. We represent clients in Antioch, Waukegan, Woodstock, and throughout Illinois. Protect your rights and get the legal help you need now.