Can You File a Claim for a TBI if It’s Discovered Years After Your Car Accident?

A car accident attorney in Fayetteville will always warn their clients to seek medical treatment immediately following any car accident. This is because that’s the only way to know if you’ve been injured. You may feel fine. But, without a doctor checking you out, there’s no way to know for sure. You could have injuries that are invisible. This could include internal injuries or even a traumatic brain injury.

Even if you go to the doctor, however, some injuries won’t present themselves until months or years later. If you’re not symptomatic of certain injuries, the doctor won’t have any reason to check for them. For example, if you are totally coherent after your crash and don’t present with neurological issues, they may not do an MRI of your brain.

Sometimes, even though someone appears fine after their car accident in Georgia, they’re actually injured pretty bad. Some injuries, such as whiplash and a TBI (traumatic brain injury) don’t show up right away. That’s why it’s important to follow up with a doctor if you start to feel sick or injured in any way.

In Georgia, the statute of limitations for personal injury is two (2) years. That means that you only have two years from the date of the accident to file your claim. Your car accident lawyer in Fayetteville is very familiar with this deadline. They’ll make sure your claim is filed in time.

Your Car Accident Lawyer Knows the Statute of Limitations

In Georgia, you only have two (2) years to file your car accident lawsuit. If you miss this window, your claim will be forever barred. There is a chance that you won’t discover you have a traumatic brain injury until after two years has gone by.

Usually, two years is a long time. It seems very unlikely that a TBI wouldn’t show up in two years’ time. And, that’s why the law is the way it is. The courts don’t think it’s fair for potential defendants to have to wait in limbo for years and years, waiting to see if they’ll be sued.

There are times, however, when circumstances make it reasonable for it to take longer to discover your brain injury. This includes the following:

  • You were in the hospital or incapacitated for over a year after the crash
  • You had no symptoms
  • The defendant is responsible for the delay in treatment
  • Your injury was misdiagnosed by a doctor

If you’re approaching the end of your statute of limitations period, you need to contact a car accident attorney in Fayetteville right away.

How Can a Car Accident Attorney in Georgia Help You?

If you’re involved in a serious car accident, it could be days or weeks before you know just how bad your injuries are. You may need surgery. Or, you may need to see a specialist, such as a neurologist. These things take time. Depending on your insurance, you may need get referrals and wait for pre-approvals.

While the court understands this, that doesn’t mean they’re going to extend the statute of limitations. In fact, there are very few (if any) exceptions to this rule. No matter how hard our Fayetteville car accident lawyer fights, they probably can’t get the deadline extended. It just doesn’t seem fair that a defendant should be on the hook for more than two (2) years waiting to see if you sue.

This is why you should see a doctor as soon as you think something may be wrong. They can do the necessary tests to see if you have a traumatic brain injury. They’ll do the diagnostics, such as an MRI, and send you to a neurologist. It’s important that you do this as soon as possible. Two years goes by a lot faster than you may think.

Contact a Car Accident Attorney in Fayetteville, Georgia Today

If you’re involved in a car accident, you need to contact a car accident attorney in Fayetteville right away. You have no idea how bad your injuries may be. It could take days or weeks before you know. For a traumatic brain injury, it may not be discovered until you become symptomatic. Your car accident attorney will make sure you get the medical treatment you need.

Call Wade Law today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. Let an experienced attorney handle the legal side of things while you recover from your injuries.

View these other frequently asked questions pages:

How Much Do You Get for Pain and Suffering in A Car Accident in Fayetteville, GA?


Can You Receive Compensation for Anxiety After A Car Accident In Fayetteville, GA?


What Can I Expect from My Free Initial Consultation with a Car Accident Lawyer in Fayetteville?