Delayed Injuries After an Accident: Can You Still Make a Claim?

As experienced personal injury solicitors, one of the most common questions we hear at Martin A. Harvey & Co. is:
“Can I still claim compensation if my injury didn’t appear right away?”

The short answer is yes, delayed injuries can still form the basis of a personal injury claim in Ireland, but they often require careful documentation, legal expertise, and prompt action.

Whether you’ve been in a road traffic accident, workplace incident, or slip and fall, it’s crucial to understand your rights, timelines, and what to do next.

What Are Delayed Injuries?

A delayed injury is one where the symptoms don’t present immediately after the accident but instead develop in the hours, days, or even weeks that follow.

This delay is quite common, especially in high-stress or adrenaline-filled situations where the body masks pain and trauma.

Common Delayed Injuries After an Accident

Some of the most frequently reported delayed injuries include:

  • Whiplash
    Soft tissue damage in the neck or shoulders often appears a day or two after a car crash.
  • Concussions or Mild Traumatic Brain Injuries
    Headaches, dizziness, memory issues, or fatigue may not be immediately noticeable.
  • Internal Injuries
    Internal bleeding or organ damage can develop subtly and become dangerous if not treated.
  • Back Injuries
    Herniated discs or muscular strains can flare up days after the incident.
  • Psychological Trauma (PTSD, anxiety, depression)
    Emotional distress may emerge well after physical injuries have healed.

Even if the injury is not visible or was not initially reported, it does not mean you’re ineligible for compensation.

Why Do Some Injuries Take Time to Show?

Adrenaline mask: After an accident, your body may go into shock or release adrenaline, which temporarily hides pain.

Slow progression: Certain injuries, especially to soft tissue or joints, may only become painful as swelling or inflammation increases.

Delayed diagnosis: You may not realise the extent of an injury until medical tests or specialist evaluations are completed.

Can You Still Make a Personal Injury Claim in Ireland?

Yes, Irish law allows for personal injury claims based on delayed symptoms, provided they can be medically and legally connected to the original accident.

However, it is critical that you:

  • Seek medical attention as soon as symptoms appear
  • Document all treatment and medical records
  • Consult a solicitor early to preserve your legal rights

Even if time has passed, you may still be within the legal time limits.

What Is the Time Limit for Making a Claim?

In most personal injury cases in Ireland, you have two years from the date of the accident to start your claim.

However, in cases of delayed injuries, the two-year time limit may begin from the “date of knowledge” the point at which you first became aware (or should have become aware) that:

  • You were injured
  • The injury was related to the accident
  • Another party may be at fault

This nuance is provided under the Statute of Limitations, but it can be complicated, so we strongly recommend seeking professional legal advice as soon as possible.

Learn more about time limits for personal injury claims at Citizens Information.

Proving Delayed Injuries in a Personal Injury Claim

To build a successful claim for a delayed injury, you will need:

  • A clear medical report linking the injury to the original accident
  • Witness statements, if available, that confirm the nature of the incident
  • Photos or video evidence of the accident scene (if available)
  • A detailed record of when symptoms began and how they progressed
  • Proof of expenses, such as treatment costs, loss of earnings, or rehabilitation

At Martin A. Harvey & Co., we work closely with medical professionals and accident reconstruction experts to support your case with strong, objective evidence.

What Should You Do if Symptoms Appear Later?

If you begin to feel unwell or notice injury symptoms days after an incident, it’s important to act quickly:

  1. Seek medical care immediately, even if the injury seems minor.
  2. Inform your GP or treating physician that the injury may be related to a specific accident.
  3. Report the incident (if you haven’t already) to the appropriate authority, your employer, Gardaí, or property manager.
  4. Contact a solicitor who specialises in personal injury claims for advice.

Waiting too long could hurt your case, not just in legal terms, but in documenting the injury and connecting it to the original cause.

Why Choose Martin A. Harvey & Co. Solicitors?

With over 80 years serving Cork and surrounding areas, our firm is deeply experienced in handling personal injury claims, including those involving delayed or complex injuries. We offer:

  • Expert legal advice tailored to your circumstances
  • A client-first approach with regular updates and honest guidance
  • A proven track record of negotiating fair settlements and pursuing successful court outcomes

We handle the legal side so you can focus on recovery.

Concerned About a Delayed Injury? We Can Help.

If you’re experiencing pain, discomfort, or psychological symptoms after an accident, even if it’s been days or weeks, don’t assume it’s too late to act.

Contact Martin A. Harvey & Co. Solicitors today for trusted legal advice. We’ll assess your case, explain your options, and guide you through the next steps.

+353-(0)21-4963400

maharvey@martinharvey.ie