Car accidents are traumatic, and the adrenaline that results can cause people to neglect getting medical care. If you have been in a vehicle collision and want to file a personal injury claim, you might wonder: When is it too late to go to the doctor after a car accident?
Legally speaking, there is no formal time limit for when you must see a doctor after a car accident. However, if you want to maximize your chances of receiving financial compensation, you should see a doctor as soon as possible.
The Importance of Prompt Medical Care
Getting medical care after a car accident should be your priority. Even if the accident was minor and you feel fine in the immediate aftermath, adrenaline and shock can mask injuries. Additionally, some car accident injury symptoms can have delayed onset and not appear for days or sometimes weeks. You may wonder when it is too late to go to the doctor after a car accident. It’s never too late to seek medical attention, as injuries can worsen over time.
Below are examples of car accident injuries that might not be immediately apparent.
- Brain injuries and concussions can cause symptoms like dizziness, difficulty concentrating, and nausea to appear weeks after an accident.
- Whiplash and muscle strains can cause delayed pain and stiffness in the neck, back, shoulders, arms, and legs.
- Internal injuries and organ damage do not always produce immediate visible symptoms.
- Emotional stress and trauma from a car accident can have delayed effects.
- Spinal cord injuries can create lasting mobility problems and even late-onset paralysis.
Neglecting medical care after a car accident can cause these invisible injuries to get worse, potentially leading to irreversible damage. You should always see a doctor after a car accident, even if it feels unnecessary in the moment.
Delaying Medical Care Could Hurt Your Claim
If you plan to make a personal injury claim, you need medical documentation that connects your injury to the accident and an official diagnosis of your condition as soon as possible. You might be asking yourself, when is it too late to go to the doctor after a car accident? While there’s no strict deadline, the longer you wait, the harder it may be to prove your injuries are directly related to the accident. Insurance companies require thorough injury documentation, so waiting too long to see a doctor could harm your chances of receiving due compensation.
For example, the insurance company might use the fact that you waited to see a doctor as evidence that your injuries aren’t as severe as you claim. They may also argue that your injuries were the result of a different trauma that occurred after the accident. Insurance companies are notorious for disputing and denying claims, so you need airtight medical documentation to present the strongest possible case.
Additionally, you need a record of medical expenses you incurred to treat your accident-related injuries to include with your claim. Financial compensation in personal injury cases typically includes any medical expense. A qualified personal injury attorney can gather your medical bills and calculate how much compensation you need to ask for.
How Long Do You Have to See a Doctor After a Car Accident?
The insurance company’s policies ultimately depend on how long you must see a doctor. Most insurance providers will require you to see a doctor within at least a week. If you want to wait longer, you must provide additional justification. We recommend seeing a doctor within at least three days of the accident.
Even if you have waited a significant time after a car accident, you should still see a doctor. Delaying medical care does not mean you are ineligible to make a claim. Your case might be more challenging to pursue, but it is still possible to recover compensation. At the very least, seeing a doctor can give you a formal diagnosis, and you can decide what to do from there.
What to Do After a Car Accident in South Dakota
Being in a car crash is a terrifying experience. You may be disoriented and in a state of shock. Once you are able to take stock of your surroundings, take the following steps.
- Contact law enforcement authorities about the accident. Failing to report a car accident that caused injuries is a Class 2 misdemeanor in South Dakota (SDCL 32-34-7).
- If possible, get medical attention at the scene of the accident. A paramedic can provide an initial evaluation and identify immediate injuries.
- Schedule an appointment with a doctor within the next three days. The sooner you get formal medical documentation about your injury, the better.
- Contact a car accident attorney. In South Dakota, the driver at fault for the crash is responsible for paying for an injured person’s losses. You will make your claim through the at-fault driver’s insurance company. An attorney can handle that for you.
- You can initiate a personal injury lawsuit if the at-fault driver’s insurance company is non-responsive or argues with you.
Statute of Limitations for Car Accidents in South Dakota
There is no official deadline for seeing a doctor after a car accident, but there is a deadline for filing a personal injury lawsuit. According to South Dakota law, the statute of limitations on personal injury claims is three years from the date of the car accident. If you wait longer than 36 months, you will lose the right to file a lawsuit and receive compensation through the courts.
This statute differs if you file a lawsuit against a state employee or entity. If you are suing the state of South Dakota, the statute of limitations allows you to file suit only one year from the accident date. Additionally, you must provide the state with written notice of your intent to sue within 180 days of the accident.
Note that South Dakota’s statutory period does not run if the defendant’s absence from the state prevents you from suing them. Additionally, the statute of limitations allows five years to file if the plaintiff is a minor or has a mental disability.
Don’t Handle Your Case Alone. Call Turbak Law Office, P.C. Now
Call 605-886-8361 today or contact Turbak Law Office, P.C. online to speak to Watertown car accident lawyers. We can discuss your case, advise you about your options, and let you know more about how we can help after someone else injured you in an accident that wasn’t your fault.
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