Sutherland Springs, TX Personal Injury Law Firms & Lawyers

I would require additional information on your situation. However, assuming it was a motor vehicle accident that injured your spine, then in 1989, the Washington State Supreme Court held that a 6 year contract-based statute of limitation applies to UIM claims, rather than a 3 year tort based statute of limitations. Thus, a three-year statute of limitation applies to claims filed to recover damages for personal injuries received in a motor vehicle accident. This may be found under RCW 4.16.080 (2). However, this may not be your situation. The six-year statute of limitations may apply if the person who hit you did not have insurance or is simply underinsured, and you have a policy which contains underinsured motorist protection. This would allow for a six-year statute of limitations. However, an insured must not confuse his or her UIM entitlement with any right that the insured may also have against their own insurance Co. as a third-party claimant. So let us say, for example, if an insured driver is injured while riding as a passenger in his or her own vehicle, and the collision was the fault of an uninsured or underinsured driver of the insured's vehicle, the three-year tort statute of limitations found under RCW 4.16.080 (2) will apply to the insured's third-party claim against his or her insurer. This is so because the person's status as a named insured does not change the applicable statute of limitations when that person files a third-party claim against his or her own insurer. In addition, one must bear in mind that, if you find yourself in a UIM situation, a close review of your policy may reveal that you are unable to file a lawsuit. Rather, there may be other hoops set up by your insurance company that you must jump through, prior to the filing in court. What you need to remember is if these hoops have not been jumped through by you, as you promised you would do when you purchased policy, then the insurance company can force you to do so and courts are helpless in this matter. Bottom line, a close review of your policy, is warranted in all cases. Washington State's legal system has time limits on which one may make a claim. There are many reasons for these temporal elements. For example, over time, evidence may be corrupted, disappear, witnesses memories fade, scenes for which collisions occurred change, and entities dispose of critical records. The best time to bring a lawsuit is while the aforementioned is not lost or corrupted and as close as possible to the alleged negligent behavior. Thus, it has been my experience as an ex-claims insurance adjuster working with defense counsel on litigation files, and now as a plaintiff's attorney; that insurance companies like to drag out the litigation process in order to advance their profit margins and causes because they know that overtime evidence may be corrupted, disappear, memories fade, scenes for which collisions occurred change and entities dispose of critical records which would allow the plaintiff to prove their case. Therefore, it is the responsibility of the injured party to swiftly bring about changes so that the process may begin and fully executed. Generally speaking, these limitations, or for the lack of a better term, time periods begin when a cause of action is deemed to have arisen, and in some situations when a plaintiff had reason to know of the harm or should have known of the harm rather than at the time of the original event. This distinction is important in cases in which an event which occurred earlier on has delayed ramifications.

Hi there, After review, the experienced personal injury attorneys at Shaw Cowart LLP are interested in your potential case. We have a few questions for you first regarding additional details of the incident and circumstances. We look forward to speaking with you.   Our office number is: 512-739-6361 if you would like to speak with us directly about the incident.   Who is your employer? Who owns the property where the hole is? Who is responsible for maintenance of the property? How did the hole get there? When did the accident happen? Who witnessed the accident?   Where did the accident happen, state, city, etc.?

You mention Arizona in your question, but your question was submitted as a question about Alabama law. The law can differ significantly from state to state. If your accident occurred in Arizona, I suggest that you re-submit your question and indicate Arizona rather than Alabama. That way, you will get responses from attorneys who practice law in Arizona rather than Alabama. With that said, whether or not you have to re-pay your automobile insurance carrier for medical expenses paid on your behalf will likely depend on the language of your insurance policy. Look for the term "subrogation" in your insurance policy especially in the section about Medical Payments coverage. A few insurance companies do not subrogate (require re-payment) for medical payments made under the MedPay portion of an automobile policy but most insurance companies do. You should discuss the matter directly with your insurance company. If you are insured by a reputable company, they will tell you the truth whether or not they have paid yet. You many need to speak with someone in the subrogation department (instead of a claim adjustor). If you are not comfortable speaking with your insurance company about your subrogation questions, you should consult with an experienced attorney who handles insurance matters. You likely only have a right to MedPay (medical expenses) from your own insurance carrier. However, you can recover all compensatory damages (such as medical expenses, lost wages and pain and suffering) from the liable individual (or his/her insurance carrier).