Thomas McCutcheon

Q: I don’t have the money to pay for surgery that I need because of a wreck that wasn’t my fault. Why won’t the other person’s insurance company go ahead and pay for me to get the surgery I need?


A: The other person’s insurance company does not want you to have surgery. If you do have surgery, it is to their advantage to delay your surgery so that they can argue that you did other things between the accident and the surgery to cause the injury.

You may be in a state of disbelief because you know for a fact that the accident caused the injury. They do not care. What you believe with all your heart is not evidence. No judge would let you testify that because of this wreck you need surgery. Without a doctor to say so, you have no evidence that it’s true and your belief is legally not worth anything. There is no sugar coating the fact that people confuse things they believe are apparent are doubted by insurance companies who make money by not paying claims.

I hate to say that that’s why you need a lawyer, but it is, because what you see as absolute truth has to be put in a form that a jury can hear. You will probably never have to go in front of a jury and no one should ever want to. However, insurance companies are going to make people try cases from time to time to make sure that the values of settlements are lower than going to court and because some people won’t go to court.

All that being said, either have the surgery or hire a lawyer to get a statement from the doctor that’s admissible about what the surgery will cost. A jury will award you the future costs of that surgery as well as pain and suffering that you have gone through because of the accident. A good medical record, which most people never get to see, that indicates a need for surgery shortly after the accident is invaluable. Remember, just because you told the doctor does not mean they wrote it down.

Buckle up, drive safely and as always your referrals are appreciated! 256-764-0112

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