Delayed Back Pain After an Accident: Is It Too Late to Call a Lawyer?

Kevin BiniazanSeptember 30, 2016

Any time someone is involved in a serious collision, there are a number of things they can experience. They may feel the sudden shock of realizing they were just in a crash. They may panic upon realizing their vehicles is totaled. Or in many cases, they may experience a rush of adrenaline. This is actually a common occurrence and it causes a situation that many people wonder about when filing a personal injury lawsuit: delayed pain.

The sudden force from a car crash can result in the victim sustaining serious injuries from whiplash or blunt force trauma. This can result in severe pain, but due to the adrenaline that surges through the body during a frightening situation, the symptoms may not appear for some time. Why? During the moment a collision occurs, the body produces endorphins. These endorphins initially mask the pain and will eventually wear off, which is when the delayed symptoms will occur.

One of the concerns most injury victims have is protecting their legal rights after something like this occurs, which leads them to question if it is too late to contact an attorney if the back pain is delayed. Usually, however, the back pain will arise after just a few days. Once it does, an injury victim should take the necessary steps to get medical treatment as soon as possible. They should explain that they were recently involved in a crash and the doctor can document if it was the cause of the injury.

Once the individual has received medical treatment, they should speak with a lawyer. It is not too late to call an attorney and discuss your legal rights and options despite the delayed symptoms of a back injury. In the state of Virginia, the plaintiff in a personal injury case has two years from the date of the accident to file a lawsuit against the negligent party.

In car crash cases, it is the duty of the plaintiff to show that the at-fault party had a duty of care, that the duty was breached, and that negligence caused the injury. This negligence can include anything including drunk driving, texting while driving, fatigued driving, and more. If any of these factors were responsible for your accident, the negligent party should be held responsible.

At Breit Biniazan, our Virginia auto accident attorneys are dedicated to representing the rights of injury victims who need help navigating the legal system. We aim to protect our client’s rights and make sure they understand what options they may have to seek compensation from the at-fault party. We have more than 200 years of experience and a track record of success so our clients know they can trust us to put their best interests first.


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