Can I claim compensation if my injury got worse months later?

Posted on: 2 mins read
Mark Howarth

Partner & Solicitor, Personal Injury 

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One of our experts specialising in personal injury claims answers a common question for those whose symptoms have developed or become more severe after an accident. 

‘’Can I claim compensation if my injury got worse months later?’’ 

Answer: 

‘’Yes, in some circumstances. It is not uncommon for the full extent of an injury to become apparent weeks or months after an accident. Some injuries can take time to develop, whilst others may initially appear minor before symptoms worsen. If your injury was caused by someone else's negligence and it later becomes clear that the effects are more serious than first thought, this can be taken into account as part of a personal injury claim. The key issue is whether the worsening symptoms are linked to the original accident and can be supported by medical evidence.’’ 

 

Understanding your legal position 

Many people expect an injury to be fully understood shortly after an accident. In reality, recovery is not always straightforward. Some injuries, particularly those affecting the back, neck, joints, or head, may develop over time. In other cases, an injury that initially seemed minor may lead to ongoing pain, reduced mobility, or complications that only become apparent later. 

From a legal perspective, compensation is intended to reflect the full impact of an injury. This means that when a claim is being investigated, it is important to understand not only your immediate symptoms but also how the injury may affect you in the future. 

Medical evidence plays a crucial role in this process. Independent medical experts are often instructed to assess your injuries, review your medical records, and provide an opinion on your diagnosis, prognosis, and likely recovery. If your condition has worsened since the accident, this evidence can help establish whether those symptoms are connected to the original injury. 

Examples may include a soft tissue injury that develops into chronic pain, a fracture that takes longer than expected to heal, or an injury that leads to ongoing mobility problems. Psychological injuries can also emerge or worsen over time, particularly where an accident has been traumatic or life changing. 

It is important not to settle a claim too quickly if the long-term effects of an injury are still unclear. Once a claim has been settled, it is usually not possible to return and seek additional compensation if your condition deteriorates further. This is one of the reasons why obtaining the right medical evidence is so important. 

Our team can help assess the impact your injury has had on your life, both now and in the future. This may include reviewing medical evidence, obtaining expert reports, and considering how the injury has affected your ability to work, carry out daily activities, or maintain your quality of life. 

If you are concerned that your injury has worsened since an accident, our specialist Personal Injury team can review your circumstances and explain whether you may have grounds to pursue a claim. Call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.

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