Can I Still File a Car Accident Injury Lawsuit If I Initially Reported No Injuries at the Accident Scene?

Car wrecks can be devastating, even if motorists are lucky enough to walk away from them without any serious injuries. Can you file a car accident injury lawsuit despite feeling fine at the time of the collision? The personal injury lawyers at Cantor, Wolff, Nicastro & Hall LLC explain common scenarios of drivers filing a personal injury claim.

File a Suit If You Experience Delayed Injury Symptoms

Say another driver rear-ends you. The collision causes your head and neck to jolt forward and back quickly. You might have no physical injuries at the scene, but whiplash symptoms like neck stiffness and pain could set in after the fact. 

Do you have the grounds to sue the at-fault driver for your injury? As long as you file before the statute of limitations runs out, you can pursue legal action. 

Make sure you seek medical care at the first sign of injury to strengthen your case. Lawyers use medical records and testimony from doctors to prove the extent of your injuries and prevent insurance companies from offering a low-ball settlement amount. 

Include your delayed symptoms in the negligence lawsuit and the cost of your medical treatment. Your attorney will advocate for medical expense recovery for accident-related injuries, even if you didn’t report them at the scene. 

Sue for Property Damage After a Car Accident

You could have no physical injuries after an auto accident, but that doesn’t mean you can’t seek compensation via a car accident injury lawsuit. Auto accident liability cases don’t just pertain to medical expenses or lost wages due to personal injuries. They often include damages to repair or replace vehicles after a wreck. 

If your car requires thousands of dollars in repair work after a collision, consider filing a lawsuit. Include repair estimates and photos of the damage in your claim. This evidence reveals the full extent of property damage, ensuring your settlement negotiations conclude favorably. 

Consider Seeking Damages for Emotional Distress

When many people hear the term “pain and suffering damages,” they often think of someone dealing with serious physical injuries following an accident. In reality, these damages pertain to one’s physical and emotional well-being. 

Just because you don’t report any physical injuries at the scene doesn’t mean you can’t file a car accident injury lawsuit. These events can be traumatic for drivers and passengers alike. For example, you may experience extreme anxiety at the thought of driving or entering a car after being in a wreck. 

The mental anguish that comes from accidents can disrupt your life and call for professional help. You’re within your rights to sue for emotional distress after a car accident. Aim to recover damages for the following:

• The cost of counseling services
• Medical expenses related to post-traumatic stress disorder
• A loss of enjoyment of life

Emotional trauma is a hidden injury, but that doesn’t mean you can’t use it as the motivating factor in your lawsuit. 

Review Your Total Damages With a Knowledgeable Lawyer

You may not think you can file a car accident injury lawsuit if you’re not seriously hurt at the scene. However, your case could be worth more than initially thought when you factor in delayed injury symptoms, emotional distress, and property damage. Discuss these issues with a personal injury attorney before filing a case and see how much you could potentially recover in damages. 

Consult Cantor, Wolff, Nicastro & Hall LLC Today

Don’t let your pain and suffering from a motor vehicle crash go unnoticed. Reach out to Cantor, Wolff, Nicastro & Hall LLC to file a car accident injury lawsuit. Call 716-848-8000 or submit our online form to schedule a free consultation.

FREQUENTLY ASKED QUESTIONS (FAQ):

Q: Can I file a car accident injury lawsuit if I didn’t feel hurt at the time of the accident?

Answer: Yes, you can file a lawsuit if you experience delayed injuries, such as whiplash, or if you sustained property damage or emotional distress, even if you didn’t feel injured at the scene.

Q: What kind of damages can I claim in a car accident injury lawsuit?

Answer: You can claim damages for medical expenses (including delayed injuries), vehicle repair or replacement costs, and emotional distress, such as anxiety or post-traumatic stress disorder.

Q: Why is it important to seek medical care even if my injuries seem minor?

Answer: Seeking medical care helps document your injuries, strengthens your case, and provides evidence for your lawyer to negotiate with insurance companies or pursue a lawsuit.