• 01
  • February
    2012

If you have been injured in a car accident, the insurance company will want copies of your medical records and bills in order to substantiate your injury. However, a doctor's notes will rarely specifically state opinions about medical causation. Therefore, it can become difficult to convince the insurance adjuster that your personal injury was directly attributable to the accident.

Alabama law generally requires expert testimony to establish medical causation in car accidents claims. The exception is when the injury is obvious and even a layperson could relate it to the accident(i.e. seatbelt bruise across the chest).

In the majority of cases, you must prove, through your treating physician, that the claimed injury was "probably" caused by the accident. Not "maybe" or "possibly", but more likely than not. Since the doctor will rarely offer such an opinion in his notes, a car wreck attorney is often needed to obtain a deposition of the doctor so medical causation opinions can be obtained.

Also, be aware that not all accident-related injuries are immediately apparent. Some injuries, such as spinal disc problems, may not surface for several months or years. This is another reason you may need a specialist and diagnostic tests to give you peace of mind that when you settle, you haven't missed a hidden or latent injury.

If you have been involved in a auto accident and need legal assistance with proving your personal injury damages, contact a qualified Birmingham injury lawyer to discuss your options. Remember, for most accident claims, there is a two-year statute of limitations.