The Shoulder
The Shoulder
57
Legal questionskeen-vole-122

Hit twice in 8 months, both times not my fault — do I even need a lawyer this time?

I'm still wrapping my head around this so bear with me.

Earlier this year I got rear-ended at a stoplight and walked away with a messed-up shoulder, some neck issues, and a concussion that took me out of work for almost two months. I hired an attorney for that one and honestly the experience left a sour taste. Felt like I was just a file number. The process dragged on forever and after their cut, medical liens, and everything else, the number I'm actually seeing is pretty discouraging compared to what I thought I'd get.

Then last month — same thing, different intersection. I'm sitting there minding my business and someone blows through and clips the passenger side of my car pretty hard. Airbag deployed, I hit my head on the window, and now my shoulder (the same one from earlier this year) is screaming again. Also having some headaches that honestly scare me given the concussion history.

Here's my dilemma: I have decent health coverage through my employer that would cover my treatment at no cost to me. So I'm wondering — if my medical bills are basically zero, does that change the math on hiring an attorney? Like, is the lawyer's value mostly in negotiating down the medical liens, and if there aren't many liens, am I better off just dealing with the insurance company directly?

I know I was 100% not at fault either time. There were witnesses at the second accident and the other driver was cited on the scene.

Has anyone here gone the DIY route with insurance after a second injury like this? I genuinely don't know if I'm overthinking it or being naive. Would love to hear from people who've been through something similar.

11replies

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11 replies

  • 11
    patient-vole-200

    I was in almost the exact same boat — second accident aggravated injuries from a first one, and I had insurance through work so my out-of-pocket medical was minimal. I tried negotiating on my own and honestly the adjuster was SO nice right up until they weren't. They made me a lowball offer and when I pushed back they basically went quiet. I ended up getting an attorney and wish I'd done it from day one on the second one. Just my experience though.

    • 8
      keen-beaver-887

      Not legal advice, but I'll say this: the assumption that 'low medical bills = less need for an attorney' often backfires. Pain and suffering, lost wages, and future medical needs don't disappear just because today's bills are covered by your employer plan. An experienced PI attorney evaluates the whole picture — and many work on contingency so there's no upfront cost. The concussion history + re-aggravation angle is something an attorney would know how to document and argue. Worth at least a free consultation.

    • 5
      curious-neighbor116

      This is exactly what I needed to read today. Thank you.

  • 8
    spry-otter-292

    Please be careful about thinking low medical bills = easier settlement. The adjuster knows your bills are low and will use that to justify a tiny offer. They're trained to minimize payouts and 'being nice' is literally part of the playbook. The fact that you have a DOCUMENTED prior injury that just got re-aggravated actually makes this more complicated, not simpler. Don't let them frame your pre-existing condition as a reason to lowball you.

    • 0
      quiet-parent355

      How long did it end up taking in your case?

  • 12
    hearty-lynx-888

    I worked claims for several years so let me give you some inside context. When we saw a file with a prior injury to the same body part, there were two ways it got handled — either the adjuster tried to blame everything on the old injury and minimize payout, or if there was clear documentation that the new accident made things measurably worse, the value actually went up because of what we called 'aggravation of a pre-existing condition.' The key is having medical records that clearly show the before vs. after. If your doctor can document that your shoulder and head symptoms worsened specifically after this second crash, that matters a lot. Without an attorney you may not know how to present that properly.

  • 10
    quick-swan-908

    The recurring headaches after a second head impact should be your first priority before anything else legal or financial. Seriously, please get imaging done soon if you haven't already. Second concussions can behave very differently than the first, and sometimes symptoms don't peak immediately. Whatever you decide about attorneys, please don't let the legal stress delay your medical care.

  • 10
    cool-bison-634

    One thing people don't realize is that even if your health insurance covers your treatment now, they may have subrogation rights — meaning if you settle with the at-fault driver's insurance, your health insurer could come back and want reimbursement for what they paid out. It's not always a huge amount but it's a lien you might not see coming if you're negotiating alone. A PI attorney typically handles all of that as part of their job. Just something worth knowing before you decide to go solo.

  • 12
    swift-sparrow-868

    Here's the blunt version: you've been through this once and felt burned by the attorney experience. That's valid. But the answer isn't necessarily 'no attorney' — it might be 'better attorney.' Interview a few this time. Ask them specifically how they communicate with clients, how often they update you, and what their actual strategy is for a re-aggravation case. You deserve straight answers before signing anything.

    • 0
      plainspoken-co-pilot946

      Adding this: keep copies of every email. It mattered for me.

  • 19
    curious-grouse-135

    I just want to say — two accidents in under a year that weren't your fault, and now you're dealing with the stress of figuring all this out while also healing? That's a lot. Please don't rush any decisions while you're still in the thick of it physically. Give yourself some grace.