The importance of an aggressive legal strategy after an injury

Suffering a serious injury, whether it is to the head, spinal cord injury or a compound or spiral fracture, typically means you will have a long period of convalescence and a lot of medical expenses in your future.

Focusing on the positive during your medical journey is important, as the right attitude can encourage your health care providers to give you the best standard of care. Remaining positive can also keep you focused on your recuperation, during physical therapy and even while you rest. However, you will need more than a positive attitude when it's time to seek compensation for your injuries.

Regardless of whether you negotiate with the insurance company or file a lawsuit against a negligent business owner or driver, you need to maintain an aggressive and proactive mindset to receive the compensation you deserve.

Insurance companies may try to trick you

No matter how long you have maintained the same insurance policy, your insurance company likely won't offer to pay out the maximum benefit for an injury. Even if you have paid your premium faithfully for decades, these companies frequently try to withhold as much compensation as they can. In fact, the insurance company may do everything in its power to limit its financial liability for your claim.

Some common strategies that insurance companies use to avoid paying their full obligations to policyholders are legal — but morally questionable. These may include adding tricky clauses to policies that make it harder for the average person to file a successful claim. Insurance companies also tend to offer low initial settlement offers in the hope that the financial strain of your injury will prompt you to sign the check without considering the consequences.

A settlement offer that doesn't cover your medical costs and property damages isn't to your benefit. You must take the necessary actions to file a claim, and that can include determining what amount of compensation is reasonable given your situation.

You may need to take another party or your insurance company to court

No one wants to go to court after an injury, but sometimes it is necessary. If the other party did not have insurance, for example, a personal injury lawsuit may be the only way to get compensation for property damage and the costs associated with your injury. If your insurance provider denies a claim in bad faith, taking legal action is often the only way to seek a resolution.

Most people aren't aggressive enough to battle another person or insurance company on their own. It requires relentless and fierce efforts, as well as knowledge of legal obligations and rights. For many people, working with an attorney in the wake of a major injury is the best way to pursue the compensation they need to move on in life.

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