Milan, IL asked in Personal Injury for Iowa

Q: My vehicle was rear ended and I have received two tears in my rotator cuff area that will require surgery. should i get

a personal injury lawyer or settle with my insurance company?

Related Topics:
3 Lawyer Answers

A: You absolutely need an attorney for injuries that significant. Otherwise the insurance company will just bat you around and try to walk you into an unfair settlement. I wrote about the risks of handling your own injury claim here: https://erbelaw.wordpress.com/2010/07/28/dealing-with-the-other-driver%E2%80%99s-insurance-company-in-car-crash-cases/

A: It would be a good idea to secure a lawyer. A lawyer would help you to understand the problems an adjuster can create in your case involving the shoulder tears and causation. If you don't understand why now it will be too late later on.

A: I don't think there is any question that you should hire a personal injury lawyer. You have a serious medical condition requiring surgery. The insurance company will likely dispute the surgery was made-necessary as a result of the car accident. They will look into your past medical conditions and seek information that creates the impression this was a pre-existing condition, one that predated the accident, and therefore is not proximately caused by the impact you sustained in the rear-end collision. It is not likely you have previously proven such a claim. And so yes, just as you would need a plumber to fix your clogged drain, in this instance a personal injury lawyer is necessary. I also hire plumbers, electricians, lawn care professionals, roofers, construction workers and even lawyers when what I need is something I do not ordinarily do.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.