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What should you do if you are experiencing Delayed Injury Claims?

Experiencing Delayed injury Claims | Gaylord & Nantais

What are Delayed Injury Claims?

A delayed injury claim is when someone has suffered an injury, but the effects of that injury don’t show up until later on. These injuries can be caused by anything from car crashes to workplace accidents. For example, many people who have been in car accidents suffer from whiplash or people who suffer minor workplace injuries.

The injured party does not realize the extent of their injury until some time has passed. The symptoms of these injuries are often subtle and may not be noticed for some time after the accident. Only once the symptoms have become more noticeable the injured party realizes a delayed injury claim.

When you are in a work accident and get hurt, you have a short time window to file a claim. The law states that you have two years from the date of the accident to file a claim with the court system, and the statute of limitations is quite strict. However, in the United States, almost 9% of all injury claims are submitted late. That’s about 1 million people per year. Generally speaking, if you don’t file your claim within the first two years, it might as well be considered invalid. After that time, the law may or may not be your side (this depends on the circumstances), but it still pays to be filed on time.

Still, there are a growing number of injury claims, which may take years to be settled. There are 2 main reasons for this:

  • 1) The current delays in the legal system.
  • 2) The number of injuries that go unreported promptly.

Causes of Delayed Injury Claim

The average compensation for a delayed claim is less than half the amount of a typical personal injury payout, making it harder to find legal representation. The most common reasons for delay are:

– The claimant does not realize that they are entitled to make a claim

– They do not want to claim fear of the consequences

– They believe that the insurance company will deal with the claim and so do nothing

– The accident happened some time ago, and memories have faded or been forgotten.

Delayed injuries are complicated because the way you were injured and the cause of the injury may not be apparent right away, and you might not know you have a claim until weeks or months later. An experienced Workers’ Compensation or Delayed Claims Attorney can help you file a claim if you think you might have one.

What to do in case of a Delayed Injury Claim?

Delayed injury claims, or those filed more than twelve months after the accident, often face questions regarding the statute of limitations. The statute of limitations is a state law that prevents people from bringing legal action on something that happened in the past.

To get compensation for a delayed injury claim, there must be evidence that shows the victim was hurt in some way by the defendant’s actions or negligence. There must also be evidence that shows how long it took for the victim to realize they were injured.

Once you have decided to pursue the lawsuit, it is advisable to consult an experienced attorney to proceed with the further formalities.

How to file Delayed Injury Claims?

The severity of the situation is directly proportional to the amount of time you take to file the delayed injury claim. There is a lot of paperwork involved, and if it is not filed correctly and on time, your claim will be denied, which is why you need to hire an expert to help you with your claim.

Step 1 – Getting proper Medical Aid

Delayed injuries are usually caused by faulty equipment or a lack of safety precautions on the employer’s part. They can also occur due to a sudden injury several weeks earlier but were only discovered later. It is always advisable for people to seek immediate medical attention in such cases.

Step 2 – Getting help from an experienced attorney

After getting proper medical attention, you must look for an experienced delayed claims attorney. As the process of delayed claims is complex, it is always better to appoint a lawyer than to do it all yourself.

Once your claim is accepted, you’ll receive compensation for both medical costs and loss of income. To prove that you suffered a severe injury, your lawyer will need to have medical documentation proving the extent of your injuries. In the case of an occupational disease, the documentation must show that employment aggravated the condition.

Filing a delayed injury claim can be complicated and confusing, but you don’t have to do it alone.

If you’ve been injured, visit our site at Gaylord and Nantais Attorney at Laws. Call us at (562) 561-2669/ (213) 732-3436 today and book your free consultation.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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