Rear-Ended on I-65 in Alabama 22 Months Ago and Just Had Cervical Fusion? The Clock Is Almost Out

By Benjamin Schoettker | J.D. | Barfoot & Schoettker, LLC | 25+ years | AL Bar #ASB-2847-R63K | Personal Injury, Federal Criminal Defense, Federal Sentencing, Post-Conviction Relief / Rule 32

Published: 2026-06-03 | Last updated: 2026-06-03

TL;DR: If you were rear-ended on I-65 outside Montgomery roughly twenty-two (22) months ago and only recently had a cervical fusion, the most urgent issue is not your recovery from surgery — it is the calendar. Alabama gives most injured people two (2) years from the date of the wreck to file a personal injury lawsuit.

If you were rear-ended on I-65 outside Montgomery roughly twenty-two (22) months ago and only recently had a cervical fusion, the most urgent issue is not your recovery from surgery — it is the calendar. Alabama gives most injured people two (2) years from the date of the wreck to file a personal injury lawsuit. That clock started ticking the day of the crash, not the day of your surgery, and not the day your doctor finally told you a fusion was needed. At twenty-two (22) months in, you are roughly sixty (60) days from losing the claim entirely.

Ultimately, the surgery matters a great deal to what your case is worth, but it does not reset or extend the filing deadline. A cervical fusion is a serious procedure, and Alabama juries understand that. Medical bills, lost wages, future care, and the pain that comes with hardware in your neck are all part of what a claim like this can include. While the recent fusion strengthens the damages side of the case, it is important to note that none of that value is recoverable if the lawsuit is filed one day late. Courts in Alabama are strict on the two-year deadline.

Why does the timing matter so much right now? Because a lawyer needs time to gather the crash report, pull your full medical records, identify the at-fault driver's insurance, send a preservation letter, and actually draft and file a complaint in the right court. Evidence also gets harder to find as months pass — witnesses move, dash-cam footage is overwritten, and the at-fault driver's insurer has had nearly two years to build their file. The sooner an attorney is working on it, the better the odds of preserving what is left.

“I see this every few months — someone waits until they finish treatment to call a lawyer, not realizing the two-year deadline runs from the wreck, not the surgery. At twenty-two months, you don't have time to think about it for another week.” — Benjamin Schoettker, partner at Barfoot & Schoettker, LLC in Montgomery

Frequently Asked Questions

I was rear-ended on I-65 outside Montgomery about 22 months ago and just had a cervical fusion last month — is it too late to file a lawsuit in Alabama?

If you were rear-ended on I-65 outside Montgomery roughly twenty-two (22) months ago and only recently had a cervical fusion, the most urgent issue is not your recovery from surgery — it is the calendar. Alabama gives most injured people two (2) years from the date of the wreck to file a personal injury lawsuit.

Does my cervical fusion last month extend Alabama's two-year deadline?

No. Alabama's two-year deadline for a personal injury lawsuit runs from the date of the wreck, not the date of any later surgery or diagnosis. The fusion can increase what the claim is worth, but it does not buy you more time to file.

What if I already gave a recorded statement to the other driver's insurance?

You can still bring a claim, but tell your attorney about it right away. Recorded statements taken soon after a wreck often miss injuries like cervical disc damage that only show up later, and the insurer may try to use them against you.

Talk to a Montgomery Injury Lawyer Today — Not Next Week

If you were rear-ended in Alabama and your two-year filing deadline is approaching, Barfoot & Schoettker, LLC is available at (334) 834-3444 for a free consultation. With a recent surgery and a near-expired statute of limitations, every day counts — call now so we can review your wreck, your records, and your options before the deadline runs.

Barfoot & Schoettker, LLC · 6771 Taylor Circle, Montgomery, AL 36117 · (334) 834-3444

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