It is always best to get a thorough medical examination right after an accident, even if you do not feel pain and experience injury symptoms. Often, a doctor can detect signs of injury that are not obvious, even though they may be quite serious.
Sometimes, however, injuries are not apparent even to doctors. Some symptoms take days or even weeks to appear. What happens then? Can you still seek compensation for your losses? Does it limit your ability to obtain damages?
If you are in this situation, it is wise to contact an experienced personal injury lawyer for advice and assistance. At Jennifer Porter Law, PLLC, our team of Northern Virginia car accident lawyers can help you face the legal process, negotiate with insurance companies, and pursue fair compensation for your injuries, medical expenses, lost wages, and other damages. You’ll need to work quickly to not only obtain the right care to provide for your physical recovery but also evidence to support your financial recovery. A caring, knowledgeable, and dedicated injury attorney can assist with both. Call us today at (571) 532-9070 to schedule a consultation and receive personalized legal assistance tailored to your needs.
Document Your Injury as Soon as Possible
It is important to take steps to diagnose and obtain medical treatment for your injury as soon as possible after you notice symptoms. Go to the doctor, explain everything that has happened, and keep copies of all paperwork associated with the visit. If the doctor does not seem to take the issues seriously, get a second opinion. Be sure to follow all instructions and return for follow-up care as ordered.
While the doctor’s records will serve as solid medical evidence, you can also develop your own records. Write down your observations about your symptoms and how they are affecting your ability to perform tasks. If you realize that the symptoms are related to other issues and you just now connected them with the accident, write that down as well. The notes you take in the early days can be more valuable as evidence than your recollections much later.
Northern Virginia Car Accident Lawyer Jennifer Porter
Jennifer Porter
Jennifer Porter is an experienced Northern Virginia car accident lawyer with over 25 years of success representing injury victims. Her background as a former in-house counsel for Progressive Insurance and trial counsel for major carriers gives her unique insight into insurance defense tactics, an advantage she now uses to fight for the injured. Jennifer combines strategic legal skill with a client-focused approach to help people recover after serious accidents.
She is known for her clear communication, thoughtful guidance, and readiness to take a case to trial when needed. Jennifer tailors her strategies to each client’s needs, whether negotiating a settlement or preparing for litigation. A long-time Virginia resident and active member of the legal community, she has been recognized as a Super Lawyer and holds an AV Preeminent rating for legal excellence.
How Long After a Car Accident Can You Claim Injuries in Virginia?
If you’ve been involved in a car accident in Virginia, it’s crucial to understand the timeframe for claiming injuries. Virginia law stipulates a strict statute of limitations for personal injury claims related to car accidents. You have exactly two years from the date of the accident to file a lawsuit against the at-fault driver under Virginia Code § 8.01-243(A).
This two-year timeframe is important because it impacts your ability to seek compensation for any injuries sustained in the accident. Acting promptly is essential, especially for injuries that may not present symptoms immediately, such as whiplash or internal bruising. Delays in recognizing injuries are common, but this does not extend the statutory deadline.
Certain exceptions to the two-year statute of limitations may apply. For example, if the injured party is a minor or has a legal disability, the clock may be paused or “tolled” under Virginia Code § 8.01-229. However, these situations are specific, and consulting a Northern Virginia car accident attorney can clarify your options.
For claims involving uninsured or underinsured motorists, specific time limits might apply under the terms of your insurance policy. Reviewing these provisions with an attorney can help determine the appropriate deadlines for filing such claims.
Remember, the clock starts ticking on the date of the accident, not when you first notice injuries. Missing the two-year deadline can prevent you from pursuing compensation, making timely action a critical aspect of the claims process.
Don’t Wait Until the Statute of Limitations Approaches to Take Action
In Virginia, accident victims generally have two years from the time of the accident to file a claim for damages. With that seemingly long time to act, many people put off consideration of legal steps, but this is a big mistake.
To give yourself the best opportunity to collect the compensation you need and deserve, you need to start working to build your case right away. That includes watching what you say to others, including insurance company representatives. It also includes gathering evidence regarding the cause of the accident and the extent and effect of your injuries. Legal advice can help prevent you from saying or doing something that could be used to deny liability and prevent your recovery.
The longer you wait to collect evidence about the accident causation, the harder it will be to locate evidence and the less reliable that evidence will be. Most importantly, the longer you delay in seeking evidence of and treatment for your injuries, the easier it is for the insurance company to claim that your injuries were caused by something you did after the accident.
An Experienced Attorney Knows That Some Injuries Are Not Immediately Apparent
It will be important to show that your injuries were not apparent right after the accident, but they are nevertheless the result of the accident. You need to work with an attorney who understands how to prove this causal connection.
Some injuries that can take days or weeks to show symptoms include:
- Internal bleeding
- Whiplash
- Traumatic brain injuries
- Damage to internal organs
- Compression fractures in the spine
In addition, some minor injuries can lead to an infection that can cause devastating consequences such as organ failure. It is an unfortunate fact that some of the most severe brain and spinal injuries often are not recognized until considerable time after an accident. These injuries can lead to lifelong impairment, even though they were not noticeable right after the accident.
Psychological Damage Also Takes Time to Manifest
Car accident victims often suffer post-traumatic stress disorder, particularly in conjunction with a brain injury. It often takes weeks or longer to recognize that behavioral or emotional changes are more than a passing phase. The psychological damage may worsen over time and impair the victim’s ability to work and enjoy a high quality of life.
| Step | What to Record | Purpose |
|---|---|---|
| Medical visits | Doctor’s notes, diagnosis, prescriptions | Establishes official medical evidence |
| Personal injury journal | Daily pain levels, mobility issues, emotional state | Shows the day-to-day impact of the injury |
| Photos of injuries | Clear, dated images of cuts, bruises, swelling | Provides visual proof of the injury’s severity |
| Medical bills and receipts | Hospital bills, therapy costs, medication expenses | Demonstrates the financial burden caused by the injury |
| Follow-up treatment notes | Progress reports, new symptoms, specialist visits | Highlights ongoing effects and consistent medical care |
What to Document When Symptoms Appear Days or Weeks After a Virginia Car Accident
It’s not uncommon to feel fine immediately after a car accident only to notice pain or other symptoms days or even weeks later. However, how you respond to these delayed injuries can have a major impact on your health and your legal rights. Here’s what to do the moment your condition changes.
Get Medical Attention Right Away
As soon as you begin experiencing a new or worsening symptom, such as a stiff neck, persistent headache, numbness, or anxiety, it’s important to get checked by a medical professional. Even if it doesn’t seem serious, visiting an urgent care clinic, emergency room, or your primary care provider helps establish a medical record that connects your symptoms to the accident. This is especially important in Virginia, where insurance companies may argue that a delay in treatment means your injury came from something else. Prompt medical care helps protect your claim by clearly linking the injury to the crash.
Keep a Symptom and Pain Journal
Start keeping a journal the day you notice any new symptoms. Record the date and time of each entry, describe what you’re feeling in specific detail, and rate your pain on a scale from 1 to 10. It’s also important to note how your symptoms affect your daily life, such as missing work, struggling with tasks around the house, or having trouble sleeping. Don’t forget to include your emotional state if you’re feeling anxious, irritable, or overwhelmed. This journal helps paint a fuller picture of your experience and can be a powerful support for your injury claim.
Take Photos of Any Visible Injuries
If your new symptoms involve physical changes like bruising, swelling, or redness, take clear photos as soon as possible. Use natural light if you can, take photos from multiple angles, and continue updating them every few days to show any changes. These images provide undeniable evidence of your condition and are especially helpful in Virginia, where insurers may question the timing or cause of an injury. Having visual documentation shows that your injury is real and that it developed as a result of the accident.
Let Your Lawyer Know Right Away
If you’ve already hired an attorney, contact them immediately after your symptoms appear. Your lawyer needs to know about any changes to your health so they can guide your next steps. They may help you find the right medical specialists, update your legal strategy, or ensure that new medical records and documentation are added to your case. Keeping your attorney informed allows them to protect your interests and respond effectively to any challenges from the insurance company.
Contact Jennifer Porter Law, PLLC Today if You’ve Just Noticed Injuries from an Accident
While it can be considerably more difficult to obtain full and fair compensation for injuries from an accident if you did not document those injuries right after the accident, an experienced attorney can help you gain fair damages. Once you notice the injuries, it is important not to delay in getting advice and assistance.
At Jennifer Porter Law, PLLC, we have extensive experience helping accident victims recover in Virginia. We understand how insurance companies operate and know the strategies to succeed in all situations. Contact us today at (571) 532-9070 for a free consultation and case evaluation.
