Sometimes people get into a car accident or slip and fall and notice right away that they have an injury. They can report it and make an insurance claim immediately, and then they can pursue damages in a lawsuit if necessary. What happens if you don’t report an injury right away though? Do you still have legal options available to you? You probably do, and our Harrison personal injury attorneys can help break those down for you.
Can I Sue If I Report My Injury Later?
You are not barred from suing if you report your injury later. It can make things more difficult though. The primary issue here is that the insurance company you sue for damages might try to claim that you got hurt elsewhere. You wait a week after a car accident to report injuries, so they may try to claim that you got hurt elsewhere and now you’re just trying to cash out.
So if you know that you’re injured, get the claim process started as soon as possible. There’s no good reason to wait to report your injuries. It’s another situation if you do not notice your injuries right away though. You cannot report injuries that you do not know you have. This is why we recommend getting to a doctor as soon as you can after any accident.
A doctor can give you a proper diagnosis. This can create medical records that you can use in your case. Even if you take a few days to claim that you were injured, going to the doctor right away can help you start building a case and put most accusations of fraud to rest.
How Long Do I Have to Report an Injury and Sue?
Now there is a limit on how long you can take legal action in New York. This is called the statute of limitations, and it gives accident victims three years to take legal action. File a lawsuit or claim after this point and it’s likely to be thrown out.
Do I Need a Lawyer?
Having a lawyer can always be helpful in a case like this, but we especially recommend it to plaintiffs who have reported an injury late for whatever reason. A lawyer can help you build a case and show why you did not notice an injury right away. They can help you gather evidence and connect you with expert medical witnesses who can back up your assertions. They can also defend you from accusations of wrongdoing if someone tries to claim you caused or contributed to the accident that caused you harm.
Schedule Your Case Consultation
If you want to learn more about pursuing compensation after an accident, contact Hausman & Pendzick. We can schedule a free case consultation for you and there’s no obligation. So just meet with our legal team and see what we can do for you.