Delayed Car Accident Injury Symptoms

Anyone who was involved in a car accident in Texas and is considering filing a claim against the at-fault driver should understand delayed car accident injury symptoms. To receive full compensation in a civil lawsuit, it is important to ensure that you receive medical attention as soon as possible, and that your own negligence does not contribute to the severity of your symptoms. What do you need to know about delayed car accident injury symptoms and filing a car accident claim in Texas? Our Texas auto injury attorneys can provide you with important information, and we can speak with you today about moving forward with a claim for financial compensation.

What Types of Car Accident Injuries Commonly Have Delayed Symptoms? 

Some types of car accident injuries have immediate signs or symptoms, and it is clear that a person requires medical treatment as quickly as possible. Yet in some cases, serious injuries might not have immediate signs or symptoms, and it may be hours, days, or even longer before signs appear. At that point, the injury may have worsened significantly, and you could be at risk of having your compensation reduced due to your own negligence. The following are some of the types of car accident injuries that commonly have delayed symptoms:

• Whiplash;
• Internal bleeding;
• Traumatic brain injury;
• Back injuries; and
• Spinal injuries.

Other types of injuries may also take a significant time before symptoms appear, but they can often be treated more effectively if they are properly assessed soon after the car accident.

Consequences of Waiting Too Long for Medical Care

If you wait too long to seek medical care and your injuries worsen due to your own delay, you could ultimately be at risk of having your damages award reduced — or denied entirely — due to your own negligence. In general, the reduction in damages due to a plaintiff’s own negligence is known as comparative fault. Under Texas law, it is known as “proportionate responsibility.” Texas law says that a plaintiff can recover as long as they are less than 51 percent responsible for their own injuries. Once a plaintiff is 51 percent responsible or more, they lose the ability to recover damages. Specifically, Under Section 33.001 of the Texas Civil Practice and Remedies Code, in a personal injury case, “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

How does this work in practice? For example, if you fail to seek medical attention quickly and an injury worsens as a result of your delay, the court may determine that you are 10 percent liable for your injuries. If you would have been awarded $100,000, your damages award will be reduced by your percentage of fault — 10 percent — and you will be awarded $90,000 total. 

Contact Our Car Accident Injury Attorneys in Texas

Were you recently involved in a car crash that resulted in significant injuries? It is critical to discuss the details of your case with an experienced Texas car accident injury lawyer at John Reed, Attorney at Law who can help you to seek financial compensation. Contact our firm today for more information about how we can help with your injury claim.

Sources:

mayoclinic.org/diseases-conditions/whiplash/symptoms-causes/syc-20378921

statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm