Tom McCutcheon – Attorney at Law
Q: I was in a car accident almost two years ago and hurt both of my knees. I had just had surgery on my left knee three months before the wreck and need surgery now on both. I started a new job and don’t have the time and money to get the surgery. How long are they responsible for my injury?
Roger
Rogersville, AL
A: There is a two year statute of limitations in Alabama for automobile accidents. As long as suit has been filed within two years from the date of the accident, you still have a claim.
Just because you have a claim does not mean that the other party’s insurance company is going to accept responsibility for your injuries. We see more and more cases where insurance companies require a doctor’s testimony connecting the accident to the injuries you claim to have sustained in the accident.
One thing Joel and I hear with more and more frequency is that good insurance defense lawyers are complaining that the insurance company adjuster assigned to the case will not listen to them. It used to be that insurance companies had good, local defense lawyers and they took their advice. Now we hear defense lawyers say that insurance companies are much more interested in paying less for the cases and paying less for their own lawyers. We see more and more shifting of insurance companies to different insurance defense lawyers.
Insurance companies never fully accept responsibility for their drivers who cause accidents. The most typical defense is that their insured did not cause the accident followed by the defense that the injured party somehow helped to cause the accident. Running a close third and one you are sure to see is that the medical conditions complained of existed before the wreck.
We have to ask doctors to look at the history given by their patients and relate the injuries to the accident. In your case, you may be somewhat fortunate if your prior surgery was successful. The treating doctor may be very quick to tell the insurance company or jury that he or she had taken care of your knees and they were fine when you were released from his or her care.
Do not let this case linger until the last minute. As always we and other lawyers who represent injured parties will answer any question that you have, no strings attached.
Buckle up and drive safely.
