Most states recorded rising accident rates over the last decade. Although increasing numbers of drivers and passengers are becoming injured, there is little guidance for those who get hurt. Clients sometimes ask how long should you be sore after a car accident to file a lawsuit.
Baltimore car accident lawyer Randolph Rice explains when a collision injury is serious enough to file a lawsuit in Maryland. Keep reading for more information.
How Long Do Car Accident Injuries Need to Linger to Sue in Maryland?
There is no easy answer to this question. Some injuries heal quickly. Even if you make a quick recovery, you probably have grounds to file a lawsuit if another driver was responsible for your injuries. You should also be aware that injuries don’t always cause significant pain. It’s common for people who sustained injuries in a car wreck to feel little in the hours after the incident. The adrenaline kicks in at the scene of a car wreck. It can numb the pain. Often the soreness sets in the second or third day after the accident and lasts for a week or two depending on the severity of the injury.
Many people file an insurance claim while they are still sore after a car accident and undergoing medical treatment. There’s no reason why you should wait until you have concluded your treatment before filing a lawsuit. You should not accept any settlement unless your treatment is over or almost over because it’s important to know the full extent of your injury.
There is no hard and fast rule about how long you should be sore after a car accident to file a lawsuit. However, if your pain and discomfort only last a few hours or so your injuries might not justify a claim. The most important thing is to get checked out by a medical professional and look for unusual signs and symptoms. People who suffer mild traumatic brain injuries are often not sore for long after their car, truck or motorcycle accident. This does not mean the other driver’s actions were inconsequential. Brain injuries can disrupt your job, your education, and your everyday family life. They often attract large awards. Be cognizant of the signs and symptoms and see a specialist if they persist.
When is a Car Accident Injury Not Serious Enough to Justify a Lawsuit?
You must show evidence of harm to file a lawsuit in Maryland. In some cases, the victim’s injuries may not make a claim worthwhile. If you suffered no more than bruises or minor sprains that cleared up quickly, it’s probably not worth the time and effort to file a lawsuit, although you can make a claim with the insurance company. The basis of a personal injury lawsuit is that the driver who caused the accident compensates you for harm. The law does not compensate you for hurt feelings but you can make a claim for psychological trauma caused by the accident.
The personal injury system seeks to give damages a monetary value. It’s always tough to put a financial figure on an injury but typically the more serious the injury, the more money you are entitled to within the limits of available insurance coverage.
Some injuries are a no brainer. Broken bones, amputations, spinal injuries, traumatic brain injuries, ruptured organs, and other potentially life-threatening conditions are worthy of a lawsuit against the driver who caused them if adequate compensation cannot be reached in negotiations. Fortunately, the majority of injuries we see from car crashes are not life-threatening. The downside is they can be persistent and disrupt your daily life, work, and family routines.
Soft tissue injuries are among the most common complaints from car accidents. Whiplash injuries lead to thousands of personal injury claims every year. Whiplash is a non-medical term that refers to a neck tissue injury caused by the rapid back-and-forth motion a collision often causes to the head and neck. Rear-end accidents are among the most common wrecks on the highways of Maryland and they often cause whiplash injuries.
When you talk to the insurance companies, don’t be surprised if they are dismissive about whiplash injuries. The attitude that whiplash is like some kind of papercut that can be treated with a Band-Aid is disingenuous. Whiplash may be common but a study found the injury costs the United States over $8.5 billion a year. If people are missing time from work and seeking expensive medical treatment for whiplash, it’s not a condition to be treated lightly.
Although whiplash injuries are not usually long-lasting, some people suffer for months and even years with this soft tissue injury. About 3-5 percent of people diagnosed with this condition are still on disability a year after their car accident.
Can You File a Lawsuit for Bruising from a Car Accident Injury?
People who are involved in Maryland car wrecks often suffer bruising. Typically, this is associated with other injuries. When considering how long you should be sore after a car accident in Maryland ask yourself how painful the bruising is and how long it lasts. If you only suffered bruising in a car accident and it healed quickly, it may not be worth hiring a Maryland personal injury lawyer. However, if the bruising led to complications, costly physiotherapy, and other unforeseen consequences that changed your life, a claim may be worthwhile. If a bruise, for example, exacerbated an old injury causing it’s worth talking to a Maryland car accident attorney.
Should I Sue for Soft Tissue Injuries from a Maryland Car Crash?
Whiplash is not the only soft tissue injury you can suffer from a car crash in Maryland. Sprains, strains, muscle tears, and nerve damage are all possible consequences of a Maryland car crash. These kinds of injuries can be difficult to isolate. Sometimes the claimant faces an uphill task in proving they were caused by a car accident. Meticulously document these conditions and ask doctors if they were caused by the crash.
Soft tissue injuries do not usually show up on diagnostic tools like x-rays that medical professionals use to show broken bones. However, they can be very painful and persistent injuries that you should be compensated for. When your claim is based on soft tissue injuries only the insurance company may refuse to settle. If a doctor has given you a thorough medical diagnosis our lawyers can make the case for these injuries to be included in a settlement. Although soft tissue only cases are a challenge, these injuries can cause serious pain and suffering and lead to time off work. As such, they are worthy of a lawsuit.
Baltimore Car Accident Lawyer Randolph Rice Can Help You Today
At Rice, Murtha & Psoras, we can answer all questions related to car accident lawsuits. Talk to a doctor about specific medical issues. We will advise you of when to file a lawsuit and when to accept a settlement. We will take on the insurance company and give you time to concentrating on healing. Car accidents put considerable strain and stress on both the body and the mind of the victim. It’s your right to be compensated by the reckless, drunk or negligent driver who caused your injuries. We will let you know if your injury its worthy of making a claim. Call us today at 410-431-0911.