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?
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.
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