When Time Doesn’t Heal: Seeking Justice for Past Injuries
Injuries don’t always show their full consequences right away. Maybe you walked away from a car accident thinking you were fine, only to develop chronic pain or numbness months later. Or perhaps you were injured at work, brushed it off, and now find yourself facing lasting medical issues that stem from that old incident. Whatever your situation, it’s natural to wonder: Can I sue for an old injury?
The short answer is yes, it’s possible in some cases, but timing, documentation, and legal strategy matter more than ever. But in short, even if time has passed, you may still have options.
Key Takeaways
- It’s sometimes possible to sue for an old injury depending on your state’s statute of limitations and discovery rules.
- California and many other states provide statute of limitation exceptions for delayed discovery, mental incapacity, minors, and others.
- Documentation is critical to connect the injury to the original incident. Early medical records are especially valuable.
- Emotional and psychological injuries are legitimate and may be compensable
- Insurance companies firmly dispute old injury claims even when the evidence is clear, so legal guidance is essential.
- You may still have options even if you previously settled or were denied, depending on the circumstances.
- A personal injury lawyer can determine whether your case can still be filed and help you take the next steps.
What Is Considered an “Old Injury”?
An “old injury” typically refers to a physical or psychological harm that occurred weeks, months, or even years ago but is only now prompting legal action. These can include:
- Car accident injuries that resurface or worsen over time
- Workplace injuries that were never properly reported
- Slip and fall injuries that seemed minor at first
- Injuries from defective products that took time to reveal their impact
Just because time has passed doesn’t mean you no longer have legal rights. It all depends on the circumstances and how your state handles injury claims.
Statute of Limitations: Your Legal Clock
Every state has a deadline, known as the statute of limitations, for filing a personal injury lawsuit. In California, for example, the statute of limitations generally allows you two years from the date of injury to file your claim. But things aren’t always that straightforward.
There are situations where the clock may start ticking later. These are called exceptions or tolling provisions, and they can make a huge difference in whether your case moves forward or gets dismissed.
One of the most important exceptions is the delayed discovery rule. This legal principle allows the statute of limitations to begin when you discovered or reasonably should have discovered the injury and its connection to someone else’s negligence.
Let’s say you slipped on a wet floor at a grocery store and didn’t feel serious pain until several months later when a doctor connected your chronic back issues to that fall, such as a slipped disk that was barely noticeable at first, but now it’s causing chronic pain and numbness. The delayed discovery rule could help reset the legal clock from the date of diagnosis, not the date of the accident.
This is especially relevant for:
- Neck, back, and spinal cord injuries
- Traumatic brain injuries (TBI), concussions
- Soft tissue damage
- Chronic conditions stemming from repetitive stress
- Exposure to toxic substances
What If You Didn’t Know Who Was Responsible?
Another potential delay in filing could stem from not knowing who caused your injury. For example, if you were injured in a multi-vehicle accident and it wasn’t immediately clear which driver was at fault, it might take months of investigation to determine liability. Courts sometimes allow the statute of limitations to start once the responsible party is reasonably identified.
The same logic can apply if the responsible party concealed their involvement or if you were misled by incorrect medical diagnoses. In these cases, your attorney can argue that the statute of limitations should begin from the moment you had the necessary information to file suit.
Minors and Mental Incapacity
If the injured person was a minor or was mentally incapacitated at the time of the injury, most states, including California, allow the statute of limitations to be paused (or “tolled”) until the person turns 18 or regains capacity. This can be especially important in cases involving childhood abuse or neglect, delayed psychological trauma, or severe injuries that affect mental functioning.
The Role of Medical Records and Documentation
Suing for an old injury often hinges on strong documentation. Medical records, diagnostic tests, therapy notes, and even old emails or photos can help demonstrate that your injury wasn’t new or fabricated.
To build your case, your attorney may rely on:
- Early medical visits documenting your symptoms
- Imaging tests (MRIs, CT scans) showing injury progression
- Expert testimony connecting the injury to the original incident
- Work absence logs or insurance claims
The more evidence you have linking your current condition to the past incident, the stronger your legal argument becomes.
How Delays Can Impact Your Case
Even if you’re legally allowed to file a claim, delays can still pose challenges:
- Witnesses may be harder to locate
- Evidence may have been lost or degraded
- The insurance company may argue that your injury was caused by something else
That’s why it’s important to act quickly, even if the incident happened long ago. The sooner you speak to a personal injury lawyer, the better your chances of preserving evidence and protecting your rights.
Insurance Company Tactics in Old Injury Claims
Insurance adjusters are trained to protect their company’s bottom line. When you file a claim for an old injury, they’re likely to argue:
- Your injury was caused by something else
- You’re exaggerating your symptoms
- You waited too long, so your claim isn’t valid
- There’s not enough proof connecting your injury to the original event
These tactics can feel discouraging, but they don’t mean your case is unwinnable. A skilled personal injury attorney can anticipate these defenses and present strong, fact-based evidence that supports your claim. Don’t be intimidated by their playbook. Be prepared.
Suing After a Previous Settlement or Denied Claim
Some people ask whether they can sue again after previously settling or getting denied. Generally, if you signed a release of liability in a settlement, you cannot sue the same party for the same injury again. However, there are exceptions:
- If the previous settlement was based on fraud or concealment
- If new defendants are identified later
- If your injuries worsened significantly and weren’t fully known during the initial settlement
An attorney can review your original settlement and help you understand whether any legal avenues are still available.
Emotional and Psychological Injuries
Not all injuries are visible. Delayed symptoms of PTSD, anxiety, or depression stemming from a traumatic event can take time to surface. Although these are more difficult to prove, they are very real and may be compensable under personal injury law. Mental health injuries can arise from:
- Serious car accidents, especially those involving fatalities or traumatic injuries
- Pedestrian and bicycle accidents, particularly when the injured person is hit at high speed
- Slip and fall accidents in public spaces that result in serious injuries and ongoing fear of re-injury
- Dog attacks or other animal-related incidents causing lasting trauma
- The wrongful death of a loved one, especially when the death was sudden and preventable
- Assaults in poorly secured premises, like a mugging in a parking garage with inadequate lighting
- Severe workplace accidents where someone witnessed or experienced a traumatic event
In these cases, the statute of limitations might start when you are diagnosed, not when the event occurred. An experienced Los Angeles personal injury attorney recognizes how much you have on the line and will fight relentlessly to secure full and fair compensation for your invisible injuries.
Talk to a Los Angeles Personal Injury Lawyer Before Time Runs Out
If you’re wondering whether you can still sue for an old injury, don’t wait to find out the hard way. At Best Law, we understand how frustrating it is to deal with pain that never fully healed, and even more frustrating to think you might have missed your chance for justice.
We take the time to listen, thoroughly investigate, and build a strong case, even when the injury dates back months or years. With our deep experience in California personal injury law, we’ll help you explore every possible legal path. You focus on recovery. We’ll handle the legal work.
If you’re in the Los Angeles area, contact us online or call (424) 260-4649 to schedule your free consultation today. We’ll give you clear, honest answers and the support you need to move forward.
