You felt fine at the scene, and that’s what you told the officer.
Now three weeks have gone by, and you can’t turn your head far enough to check a blind spot. Your fingers go numb late at night. And you’re wondering about all the things you said and signed on the day of the accident. Since then, you’ve learned that delayed symptoms are fairly common. In fact, emergency physicians usually expect them. The problem is that insurance adjusters will make a stink about you suddenly claiming to be injured now and say you got hurt some other way. This is the fight that’s all too familiar in Maryland car accident claims.
In this article, we’ll discuss why injuries show up late, which ones tend to, and how the calendar affects what you’re able to recover.
Why Your Body Lied to You at the Scene
Delayed injury symptoms after a car accident are normal. Your body has a way of masking pain until you can remove yourself from immediate danger. During an accident, adrenaline and cortisol spike in your system on impact, numbing pain for anywhere from a few hours to a few days.
Eventually, the chemistry wears off, and the symptoms come to the surface.
Soft tissue damage happens on its own timeline. Muscles and ligaments stretched past their limits don’t always swell up instantly. Inflammation can take 24 to 72 hours to build up, with stiffness peaking afterward. Internal injuries can produce delayed pain for a different reason. Blood collecting slowly in the abdomen can take days to generate symptoms.
None of this means you were dishonest or exaggerated at the scene. It only means you were honest at the time with the information your body gave you.
The Injuries That Take Their Time
Certain hidden injuries after a crash are notorious for late-onset symptoms. Most of these require imaging to confirm. They include:
- Concussion and mild traumatic brain injury: The CDC notes that symptoms of a mild TBI might not appear for hours or days, and that the picture shifts as recovery progresses. Headaches and nausea often come first. Trouble sleeping, irritability, and concentration problems appear a week or two later. These are traumatic brain injury symptoms coming to light weeks later, and it’s totally normal.
- Whiplash and cervical strain: Neck pain, reduced range of motion, and headaches at the base of the skull typically arrive one to three days after an accident.
- Herniated discs: A disc pushed out of place might not contact a nerve root immediately. When it does, you can experience radiating pain, tingling, or numbness that people have described as “electricity” down an arm or leg.
- Internal bleeding: Lightheadedness, deep abdominal pain, or a hard, swollen belly warrant a visit to an emergency room, not a wait-and-see attitude.
If any of these symptoms seem familiar, get imaging. A gap in your treatment is worth more to the other side than it is to you.
Maryland’s One Percent Problem
Maryland is one of a handful of jurisdictions, along with Alabama, North Carolina, Virginia, and Washington D.C., that still applies pure contributory negligence. This means that if you’re found even one percent responsible for the crash, you recover nothing.
Not a reduced compensation award. Nothing.
Maryland’s highest court reaffirmed this standard in 2013 and pointed to the state legislature to change it. So far, it hasn’t. So, an insurance claim for worsening injuries in Maryland faces a defense with an unusual advantage. Adjusters know exactly where to aim. They’ll ask why you declined the ambulance. They’ll ask what you were doing during the three weeks before you saw a doctor. Every answer you give them help them add a percentage point to your share of blame. And they need only one percent.
You fight back with documentation, such as contemporaneous medical records, a treating physician willing to connect your injury to the impact, and people in your life who can describe what you used to be able to do that you can’t do now.
The Signature That Ends Your Claim
Insurance companies can drag their feet when it comes to paying out. However, you’d be surprised how fast they move when your injuries look simple and cheap. This is usually right before you find out how bad things are.
A settlement release is final. Once you sign it, any worsening pain or symptoms afterward is your problem alone. Even if you discover a herniated disc requiring surgery a month later, you have to pay for it. You can’t take that bill to the insurance company you already settled with. There’s no supplemental claim waiting in the wings and no reopening your claim just because the diagnosis changed.
So don’t rush to settle. Before you sign anything, get to maximum medical improvement. That’s the point where your doctors can tell you what your recovery actually looks like. When it does come time to settle, read what you’re releasing, including whether it covers unknown or future injuries, because it almost certainly does—and you don’t want that.
Also, keep the three-year filing deadline in your mind. It runs from the date of your crash, not the day the delayed pain finally got your attention.
GDH Law Understands the Long Version of Your Injury
An injury with delayed symptoms is still an injury. However, you still have to prove that the accident caused it. In Maryland, where a single percentage point of blame can erase your entire claim, this proof has to be built early and carefully.
GDH Law handles motor vehicle and workers’ compensation claims throughout Prince George’s County and across Maryland. Our attorneys are used to the argument that a delayed symptom means an unrelated one. We’d rather have that conversation with you before you sign a settlement than after.
If your symptoms are getting worse and you’re not sure what it means for your claim, speak with an attorney who handles these cases in Maryland.
Don’t add regret for settling too soon to your delayed injury symptoms.