Accidents can be a harrowing experience for anyone involved. Whether it's a car accident, slip and fall, or any other unfortunate event, it is essential to seek medical attention immediately. However, what if you start experiencing symptoms days or even weeks after the accident? The adrenaline rush and shock of the accident can mask pain and discomfort. As the body recovers from the initial shock, symptoms may emerge, indicating the presence of an injury. In some cases, the injuries may not be immediately apparent, and it may take some time for them to show up.
What Are Some Common Delayed Injuries?
Whiplash: Whiplash is a neck injury caused by sudden, forceful back-and-forth movement of the head. It's common in car accidents, especially rear-end collisions. Symptoms may include neck pain, stiffness, headaches, and dizziness. Whiplash symptoms may take a few hours to several days to appear.
Concussions: A concussion is a mild traumatic brain injury resulting from a blow to the head or a violent shaking of the head and body. Symptoms may include headaches, confusion, dizziness, nausea, and memory problems. In some cases, concussion symptoms may not appear for days or even weeks after the accident.
Soft Tissue Injuries: These injuries involve damage to muscles, ligaments, and tendons. Common soft tissue injuries include sprains, strains, and contusions (bruises). These injuries may not present symptoms immediately and can take days to weeks to become noticeable.
Internal Injuries: Accidents can cause damage to internal organs, leading to internal bleeding or other complications. Signs of internal injuries can be subtle and may not show up immediately, sometimes taking hours or even days to become evident.
How Does Nevada Law Account for Delayed Injuries?
In legal terms, the time period between an accident and the appearance of injuries is known as the "latent period." The latent period can vary depending on the type of injury and the individual's health and medical history. Some injuries may show up within hours or days of an accident, while others may take weeks or even months to become apparent.
In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident. This means that if you are injured in an accident, you have two years from the date of the accident to file a personal injury claim. However, if you do not discover your injuries until after the two-year statute of limitations has expired, you may still be able to file a claim under the "discovery rule."
The discovery rule allows a plaintiff to file a claim within a reasonable time after discovering their injuries, even if the statute of limitations has expired. However, the discovery rule is subject to certain limitations and exceptions, and it is important to consult with an experienced personal injury lawyer to determine whether you are eligible to file a claim under the discovery rule.
How Can I Protect Myself Legally?
If you have been injured in an accident, it is important to seek medical attention as soon as possible, even if you do not immediately feel any pain or discomfort. A medical professional can evaluate your condition and determine whether you have sustained any injuries that may not be immediately apparent.
In addition to seeking medical attention, it is also important to consult with an experienced personal injury lawyer. A lawyer can help you navigate the legal process and ensure that your rights are protected. They can also help you gather evidence to support your claim, negotiate with insurance companies, and represent you in court if necessary.
In Nevada, there are several key case law decisions that have established important legal principles related to personal injury claims. One such case is NRS 11.190, which establishes the two-year statute of limitations for personal injury claims. Another important case is Desert Palace, Inc. v. Costa, which established the "eggshell plaintiff" rule. This rule holds that a defendant is liable for all damages suffered by a plaintiff, even if the plaintiff's injuries are more severe than they would be for an average person.
Injuries can show up days or even weeks after an accident. The time period between an accident and the appearance of injuries can vary depending on the type of injury and the individual's health and medical history. An experienced personal injury lawyer can help you navigate the legal process and ensure that your rights are protected. They can also help you gather evidence to support your claim, negotiate with insurance companies, and represent you in court if necessary. If you have been injured in an accident, call High Stakes Injury Law at (702) 707-5934 for a free case review/evaluation.
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