Didn’t Go to the ER After a Car Accident in NJ? What It Means for Your Personal Injury Claim
June 19, 2025

How Delayed Medical Treatment Affects a Personal Injury Claim in New Jersey
After a car accident or what may seem like a minor injury, many people skip the emergency room—especially if they feel “fine” in the moment. But when symptoms show up hours or days later, you may wonder: Can I still file a personal injury claim in New Jersey if I didn’t go to the ER after the accident?
The short answer: Yes—and what you do next could make all the difference.
We often hear these concerns at DiTomaso Law from clients across South Jersey, including Camden, Cherry Hill, Marlton, and surrounding areas. While prompt medical attention can strengthen your case, not going to the ER immediately doesn’t automatically disqualify you from pursuing compensation.
Here’s what you need to know—and why it may not be too late to protect your health and your legal rights.
Why Immediate Medical Treatment Helps—But Isn’t Always Required
Insurance companies may argue that if you didn’t go to the ER after your car accident in NJ, your injuries must not be serious. But not all injuries are visible right away, and that doesn’t mean your case is invalid.
In fact, many injuries—including soft tissue damage, whiplash, concussions, and internal trauma—have delayed symptoms that emerge after the adrenaline fades. It’s common for people to feel fine initially, only to experience pain, stiffness, or headaches days later.
At DiTomaso Law, we’ve seen countless clients delay care for understandable reasons: childcare, work responsibilities, or simply not realizing how badly they were hurt. Insurance companies might try to exploit those delays, but we build strong cases using medical records, expert opinions, and proven legal strategies.
How Delaying Medical Treatment Can Affect Your Case
While you can still pursue a personal injury claim, delaying treatment may open the door to challenges such as:
- Insurers questioning whether your injuries were caused by the accident
- Claims that your injuries aren’t as severe as you say
- Arguments that earlier treatment could have prevented complications
These tactics are designed to reduce your payout. That’s why working with an experienced New Jersey personal injury lawyer is so important. At DiTomaso Law, we know how to connect the dots between your injury and the accident—even if some time has passed.
What to Do Now If You Didn’t Go to the ER After Your Car Accident
If you’re now dealing with pain or discomfort after delaying care, take action right away to protect your claim:
- See a doctor immediately. Even if it’s been days or weeks, prompt medical care creates a clear record linking your injury to the crash.
- Explain the accident details to your doctor. Be thorough and accurate so your records reflect how and when you were hurt.
- Don’t talk to the insurance company. Politely decline to give a recorded statement until you’ve spoken with an attorney.
- Call DiTomaso Law. Our team can assess your case and help you avoid costly mistakes that hurt your compensation.
Also Keep In Mind: New Jersey’s statute of limitations generally gives you two years from the date of the auto accident to file a claim. But waiting too long makes it harder to prove your case, especially if your medical records are sparse. The sooner you act, the stronger your claim.
Common Injuries With Delayed Symptoms After a Crash
Some injuries don’t become obvious until hours—or even days—after a crash. These include:
- Whiplash and neck injuries
- Mild traumatic brain injuries (concussions)
- Internal bleeding or bruising
- Spinal cord trauma
- Torn ligaments and other soft tissue injuries
- Psychological trauma or PTSD
These conditions can become catastrophic or even permanent without early diagnosis and treatment. If you didn’t go to the ER after a car accident in NJ and you’re now in pain, don’t wait—get checked out.
When You Should Still Call a Lawyer After Delaying ER Care
Even if you didn’t seek help immediately after your accident, you may still be eligible to recover damages for medical bills, lost income, and pain and suffering. A personal injury lawyer can help:
- Review your medical records
- Establish causation between the crash and your injuries
- Push back against aggressive insurance adjusters
- Maximize your compensation
At DiTomaso Law, we focus on car accident victims in South Jersey, and we’ve handled many cases involving delayed treatment. Let us help you understand your options and take the next right step.
You Still Deserve Justice—Even If You Delayed Treatment
Life doesn’t follow a perfect timeline. Whether you were overwhelmed, cautious, or simply didn’t realize you were injured, you should not be penalized for waiting to seek help.
At DiTomaso Law, we understand how real people respond to real trauma—and we’re here to support you. We proudly serve clients throughout South Jersey, including Camden County, Burlington County, Gloucester County, and cities like Cherry Hill, Marlton, Mt. Laurel, Voorhees, and beyond.
Protect Your Rights. Get Help from DiTomaso Law Today.
If you’re dealing with pain after a car accident but didn’t go to the ER right away, you may still have a strong case—but the clock is ticking.
Call DiTomaso Law now for a free consultation or fill out our online contact form. Let us help you understand your rights and fight for the compensation you deserve.
We’ll stand by your side every step of the way—from your first phone call to the resolution of your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact DiTomaso Law directly.

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