2 shoulders surgeries following wreck

[Mb62024]

I was in an accident late last year. I've already had one shoulder surgery and getting ready to have the second. My question is should I get an attorney or send a demand letter once I know my shoulder is good to go. I know a lady that sent a demand letter and got 30000 for whiplash and bruising. What's the pros vs cons of getting a lawyer vs a demand letter.

 

[quincy]

I was in an accident late last year. I've already had one shoulder surgery and getting ready to have the second. My question is should I get an attorney or send a demand letter once I know my shoulder is good to go. I know a lady that sent a demand letter and got 30000 for whiplash and bruising. What's the pros vs cons of getting a lawyer vs a demand letter.

Are insurance companies already involved?

The biggest "pro" I can think of to making an appointment with an attorney is that an attorney can assess the situation surrounding the accident that led to your injury, help you evaluate your expected medical needs now and in the future ... and advise you on the pros and cons of sending a demand letter.

I recommend you seek out a consultation with two or three personal injury attorneys in your area and see what they have to say - and go from there.

I hope you recover completely from your shoulder injury. Good luck.

 

[Mb62024]

The at fault drivers (person who I tboned) insurance is involved. They have called a few times wanting to settle. This was prior to the first surgery. I advised them that I was having surgery and they just requested a letter be sent stating my injury was due to an auto accident.

 

[justalayman]

What state is this in?

What was the date of the accident?

 

[quincy]

The at fault drivers (person who I tboned) insurance is involved. They have called a few times wanting to settle. This was prior to the first surgery. I advised them that I was having surgery and they just requested a letter be sent stating my injury was due to an auto accident.

It can be important to remember that the other driver's insurance company is not your friend. They want to settle any claim for as little as possible.

That is one of the "pros" of having your own attorney. The attorney will be representing your best interests.

Before communicating with the insurance company, I recommend you speak to a personal injury attorney. You do not want to say too much about your injury to the insurer because what you say could be used against you as a way to reduce a settlement.

Good luck.

 

[Mb62024]

The accident was October 2017 in Tennessee.

 

[quincy]

The accident was October 2017 in Tennessee.

Thank you for answering justalayman's questions.

I recommend you speak with one or more personal injury lawyers in your area. I recommend you do not speak to insurance company representatives before speaking to these attorneys.

Property damage can be handled without an attorney's assistance. Injury claims should not be unless the injury is minor. Two surgeries is not minor.

Good luck.

 

[justalayman]

Whatever you do, do not delay. Unless I’m wrong there is a 1 year statute of limitations for filing suit. If they stall you beyond the date of the accident, you’re done.

 

[quincy]

You are not wrong. Personal injury claims in Tennessee must be filed within one year. Tennessee Code section 28-3-104(a)(1):
https://law.justia.com/codes/tennessee/2017/title-28/chapter-3/part-1/section-28-3-104/