Identifying and proving latent injuries, also known as hidden damages, can be challenging after a car accident. Latent injuries are injuries that may not be immediately apparent or noticeable at the time of the accident but manifest later on.
This is why it is crucial to seek medical attention after a car accident, even if you feel fine. According to Highlands Ranch lawyers, some injuries do not manifest right away, and your adrenaline could mask the painful symptoms of your injuries.
To understand what to do when it comes to proving latent injuries after a car accident in Colorado, here is what you should consider.
Get Immediate Medical Attention
Even if you don’t experience immediate pain or other symptoms, it’s important to get a medical evaluation as soon as possible after the accident. Some latent injuries, such as soft tissue injuries or internal injuries, may not exhibit symptoms immediately but can worsen over time.
Medical documentation from an initial examination can help establish a connection between the accident and any subsequent injuries. Still, at the moment, the most important thing is to prioritize your health. While you are getting treatment, you are also gathering evidence to prove your claim later.
Document Symptoms and Changes
It’s essential to keep a record of any physical or psychological symptoms that develop or worsen after the accident. This includes pain, mobility issues, headaches, dizziness, anxiety, or any other symptoms that may be related to the accident.
Anything out of the ordinary should be recorded just to be sure. Note the date, time, and severity of each symptom to establish an accurate timeline of when they appeared or worsened. This journal will help you later on.
Follow Treatment Plans
If medical professionals recommend treatment, therapy, or rehabilitation for your injuries, it’s important to follow their advice diligently. Adhering to the prescribed treatment plan demonstrates your commitment to recovery and can help establish the connection between the accident and your latent injuries.
Failure to comply with treatment plans can and will be used against you when you pursue your car accident claim. For example, the insurance company might argue that the severity of your injuries is not related to your accident but was caused by something else. This can be used to minimize your compensation.
Obtain Medical Documentation
Request copies of all medical records, diagnostic tests, and treatment plans related to your injuries. These documents are critical since they are vital evidence to support your claim for latent injuries.
Make sure the records indicate the relationship between the accident and your subsequent injuries. Otherwise, your injuries might be attributed to other events rather than the accident.
Consult a Personal Injury Attorney
Engage the services of an experienced personal injury attorney to assess your case and guide you through the legal process. An attorney will know the relevant laws and regulations and have experience handling latent injury claims.
They will help you gather evidence, including police reports, medical records, and witness testimonies to build a strong case and advocate for fair compensation. If settlement negotiations ensue, your car accident attorney will use their experience and negotiating skills to pursue a favorable outcome on your behalf. If settlement negotiations fail, your attorney will prepare a lawsuit against the at-fault party.
Obtain Expert Opinions
In some situations, expert opinions may be necessary to establish a causal link between the accident and your latent injuries. Although most attorneys do not have medical expertise, they know medical experts who can provide professional assessments and opinions or testimony on the nature, extent, and causation of your injuries.
Prompt Filing of Claims
There is a statute of limitations within which you must file a personal injury claim. It’s essential to be aware of these deadlines and file your claim within the specified timeframe to preserve your right to seek compensation for your latent injuries. In Colorado, the statute of limitations for personal injury cases is two years from the accident date. In some exceptional cases, the statute of limitations can be extended, but it’s essential to consult with an attorney to understand the specifics of your case and your legal options.