| Read Time: 2 minutes | Negligence

Proving Negligence In Child Injury Premises Cases

In California, landowners have a legal duty to ensure their property is safe for guests. When property owners fail to acknowledge and repair potential hazards that they were aware of, or should have been aware of, victims who are injured have a right to seek compensation for their damages. Even if the injured party was not invited onto the property, therefore trespassing, the owner still may have liability if their actions amounted to negligence. Whether or not a property owner is liable for the injured party’s damages will hinge on whether or not the owner acted with reasonable care in relation to the foreseeability of a risk. ATTRACTIVE NUISANCES AND PREMISES LIABILITY Generally, in California the law does not require that an individual be an invited guest in order for them to invoke property owner liability when they are injured on another’s property. This extends to children who suffer an injury on a property that they technically have trespassed on. This is particularly common when there is an attractive nuisance. An attractive nuisance is a condition on a person’s property which may attract children that are unable to appreciate the inherent danger of the condition. These objects, such as swimming pools, trampolines, man-made ponds, tractors and other equipment, can look enticing to children who may not comprehend the potential treat to safety these items pose. Therefore, even when a child trespasses, if they are injured or killed because of an attractive nuisance, the property owner may be held liable. PROVING PROPERTY OWNER LIABILITY In order to invoke property owner liability when a child has been injured due to an attractive nuisance, it is necessary to prove that the owner of the property failed to use reasonable care in keeping their property safe in relation to the foreseeability of risk. The following factors may be helpful in proving liability: If the property owner knew or should have known that it was likely for a child to trespass onto the property. If the property owner was aware or should have been aware of a hazardous condition and the associated risk it would create for individuals, such as children, on the property. Whether or not the injured child should have understood the risks associated with the hazardous condition. If the owner of the property could have reasonably fixed the hazardous condition. That the burden that would be placed on the property owner to eliminate the risk is minor compared to the potential risk posed to children who may enter the property. CONTACT AN ATTORNEY TODAY If you or your child has suffered an injury on another’s property due to the owner’s negligence, contact an experienced attorney at Silva Injury Law today for a free consultation. An attorney will work with you to help you understand the elements involved in your case, whether or not you have a potential claim, and assist you in investigating and building your case.

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| Read Time: 2 minutes | Negligence

Electrocution & Electric Burn Injury Claims in California

Electrocution and electrical burns are regarded as damage that occurs to either the skin or internal organs following a person’s direct contact with an electrical current. Electrocution is the fifth leading cause of work-related injury deaths throughout the United States. Even when the victim does not die, they may experience severe burns, heart attacks, broken bone, busies, and spinal and neurological damage. Electrocution deaths and injuries are most likely to happen to utility workers, electricians, and individuals who work in the construction industry. However, it is possible for anyone to suffer an injury or wrongful death through electrocution and electric burns. If you or a loved one has suffered as a result of an electrocution, reach out to an attorney at Silva Injury Law. An attorney can assess your case and help determine if the electrocution or burn was due to another party’s negligence, and if so, can seek compensation for your damages. HOW ELECTRICTY CAN DAMAGE THE BODY Electrical burns are a result of electrocution. These burns are different from both chemical and thermal burns, as they cause subdermal damage. While electrical burns can cause surface damage, they often damage tissues deep under the skin. These burns can result in a wide range of damages, and in the extreme can cause shock to the brain, injuries to other organs, and even strain to the heart that may lead to death. In addition to damage to the skin, body systems which can be damaged include: Cardiovascular system: The heart is at risk for experiencing severe trauma due to electrocution. It is common for electrocution to result in asystole, which is when there is an absence of cardiac rhythm. This is also known as ventricular fibrillation, which can create rhythms that can be fatal is not treated promptly. Central nervous system: When the current from electricity passes through the body, this can damage both the spinal court and the brain. When this happens, the victim may be unconscious, experience amnesia or be confused about what happened. Long term issues such as psychiatric problems, delayed spinal cord issues, seizures, and damage to the brain and peripheral nerves may occur. Respiratory system: While the lungs are not commonly damaged by electrical currents, injuries can result when a current passes through eh chest or through the brain area that controls breathing. This can lead to difficulty breathing. Musculoskeletal system: Following electrocution, the muscles can suffer damage as a result of the prolonged tetany that can lead to kidney damage and even rhabdomyolysis. ELECTRICAL ACCIDENTS IN THE HOME Electrical burns and electrocution can happen in a variety of ways. They can take place in the workplace as well as in residential areas and in homes. Examples include: When high voltage power lines are left hanging low near homes When construction professionals or contractors making in-home repairs are negligent and leave power cords near water or fail to cut the power while making repairs. Defective products in the home, such as curling irons, power tools and hair dryers can also cause electrical injuries. REACH OUT TO AN ATTORNEY IF YOU HAVE SUFFERED AN INJURY DUE TO ELECTRICAL BURNS If you or a family member has suffered from an electrical burn, reach out to an attorney. Electrical injury and electrocution cases can be extremely complex and often require special expertise. An attorney can best ensure you receive any and all compensation you deserve for your injuries and suffering.

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| Read Time: 3 minutes | Negligence

California Laceration and Cut Wound Injury Attorney

If you or a loved one has experienced a cut or laceration injury, the attorneys at Silva Injury Law hope for your speedy and complete recovery. If the injury was caused by negligence of another, or if an insurance company is not offering adequate compensation for your losses and suffering, we can help you. The services at Silva Injury Law can ensure that the responsible parties meet their obligations so you can receive the compensation necessary to restore your finances and health.   WHAT IS A LACERATION INJURY?   A laceration, or a cut, is a wound that results in skin splitting or separating. A laceration can be caused by a variety of things, often a sharp object or by impact with a blunt object.   Laceration injuries can vary from moderate to severe, and in some cases can lead to amputation. In other cases, laceration injuries can lead to disfiguring scars and painful medical procedures. In some instances, a laceration can cause nerve damage that leads to permanent disabilities. The deeper the laceration, the more serious the potential consequences become, especially if there has been damage to the bone or muscle.   It is not common for lacerations to cause infection, however when a laceration is severe it may penetrate through the skin and deep into the underlying muscle, bone, or internal organs. When this happens, significant bleeding and severe pain are common.   In order to decrease the severity of potential scar formation, it is important to seek immediate and appropriate treatment. The following steps are helpful in mitigating the risk of infection and further damage due to laceration injuries:   Use sterile gauze to put continual pressure on the wound to stop the bleeding Determine the depth of the laceration and the severity of the injury If you determine the injury is serious, seek the assistance of a medical professional to close and treat the injured area.   When a laceration is too deep to close on its own, medical assistance is required. If the closure of the laceration is delayed, there is an increased risk of infection.   CAUSES OF LACERATION AND CUT WOUNDS   There are countless ways the skin can break. Traumatic injuries will almost always result in some sort of laceration or cut. Common accidents that can lead to laceration injuries and long-term consequences include: Automobile, Motorcycle, Truck or Bus Accident Slipping and Tripping on poorly maintained or wet surfaces Bicycle or Pedestrian Accidents Dog or Animal Bites Falling from a roof or ladder, Assault Construction or Work Site Accidents   POTENTIAL COMPLICATIONS AND LONG-TERM CONSEQUENCES   If lacerations are not given the necessary initial care and subsequent maintenance, they can be fatal. This can be through loss of blood or infection. Scarring can occur and can be debilitating. Additional potential outcomes that cause long-term suffering include: Infection which causes fever, redness, pus and inflammation Scarring Continued pain Weakness or death from blood loss or infection   HOW AN ATTORNEY CAN HELP   As soon as possible after an accident, contact an attorney who can help investigate, collect and preserve evidence from the accident. An attorney can then take steps to protect your right to a full recovery, including compensation for scarring, lacerations, disfigurement, and psychological trauma caused by the injury.   An attorney can best help you get the compensation for pain, suffering, lost wages, and medical expenses. They will negotiate with insurance companies, can arrange medical treatment, and ensure you obtain the award you deserve.   If you have suffered a laceration that has impacted your life, reach out to Silva Injury Law today.

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| Read Time: 2 minutes | Liability

California Landlord Liability Attorney

California Civil Code establishes that landlords are required to provide a safe living environment for tenants. When a landlord fails to maintain the property in a reasonably safe condition, they can be held liable for any injuries that occur due to their negligence. For all individuals who rent property in California, it is important to know that there are legal remedies for injuries which take place on a rental property.   WHAT ARE LANDLORDS LIABLE FOR?   When a property is leased or rented, the landlord has a legal obligation to maintain the apartment, home, or property in a safe condition. When a landlord fails to do so, they may be liable for injuries that occur on the property as a result of their negligence.   Examples of common injuries that may result from a landlord’s failure to maintain safe conditions may include: Injuries on poorly maintained stairwells, which may be exposed to the elements, poorly lit, and slippery; Drowning incidents in improperly maintained pools and pool areas, including young children who drown due to landlords failing to have required safety gates; Injuries that occur on playgrounds and other recreational equipment for children in common areas; Burns and other injuries sustained through faulty or dangerous water heaters; Collapsing materials such as ceiling tiles, exterior siding, roof pieces.   PROVING LANDLORD LIABILITY   Landlords are expected to use the care of a “reasonably prudent” landlord to manage rental properties. This requires that landlords keep all property in safe conditions, including not only the living areas but common areas as well.  The upkeep and maintenance of pools, gyms, stairways, spas, playgrounds, basketball courts, dog parks and other common areas are landlord’s responsibilities.   Whether or not a landlord acted “reasonably prudent” in maintaining property will always depend on the circumstances. Common examples of landlord negligence include:   The failure of the landlord to make repairs upon receiving notice of dangerous conditions; The landlord leaving repairs incomplete or negligently completing them; The landlord fails to provide warning of existing dangerous conditions that are not apparent to tenants.   Before a landlord can be found liable for injuries, the landlord must have knowledge of the potentially dangerous condition. Tenants should always notify landlords immediately when they become aware of an unsafe or hazardous condition.   WHAT TO DO IF YOU HAVE A LIABILITY CLAIM AGAINST YOUR LANDLORD?   If you believe you have a liability claim against your landlord, it is crucial that you consult with an attorney about your claim. An attorney is best able to analyze and prepare evidence to prove the landlord both knew a hazardous condition existed, and that they failed to repair it properly. An attorney is also able to evaluate all legal defenses your landlord may raise to avoid liability.   An attorney will also be able to determine if there are additional defendants who may be responsible for injuries, such a property management company, ensuring you receive maximum compensation.   If you have been injured due to a landlord’s negligence, reach out to an attorney at Silva Injury Law.  

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| Read Time: 2 minutes | Auto Accidents

Uninsured/Underinsured Motorist Bodily Injury Arbitration

When a person is injured in a car accident caused by the negligence of another driver, the injured party may make a claim against the negligent driver’s insurance for their damages. What often occurs, however, is that the negligent driver’s insurance policy limit is insufficient to cover the damages, or the negligent driver has no insurance at all. In this instance, the injured party may be able to make a claim to their own insurer to cover all or the remaining damages. The feasibility of this depends on individual policies and will not be triggered unless the negligent driver’s insurance policy limits have been collected.   THE ROLE OF ARBITRATION   Regardless of whether the claim is due to an uninsured or underinsured motorist, when the insured injured party and their insurance company are unable to agree on the amount of the claim, California Vehicle Code §11580.2(f) requires that it must be set for arbitration.  This is considered to be a condition precedent to the payment of policy benefits, therefore unless there are unusual circumstances, arbitration must occur before the insured-injured party brings suit against the insurer.   Arbitration is required before an injured party can file suit against their own insurance whether it be due to the insurance company’s unwillingness to pay or bad faith offers and negotiations. California law requires that insurance companies act in good faith to come to an agreement with the insured party before the parties go to arbitration. However, if an insurance company fails to act in good faith, following arbitration the injured-insured party can file suit. POTENTIAL BAD FAITH CLAIMS   The outcome of arbitration often makes it clear whether or not there is a potential bad faith case against the insurance company. When the outcome of arbitration is an award significantly greater than the offers from the insurance company before arbitration, this is very strong evidence that the insurance company made the offer in bad faith. On the other side, however, when the arbitration award is either the same or similar to the amount initially offered by the insurer during pre-arbitration, it makes it significantly more difficult to have a viable bad faith case against the insurance company.   When the bad faith actions of the insurance company require the parties to go to arbitration, and the injured-insured party subsequently sues the insurance company, the insured can seek damages costs associated with their expenses related to the arbitration. This includes any attorney’s fees or costs. The costs of an attorney to represent the insured in arbitration are often one of the main elements of economic damages sought in bad faith actions.   SEEK LEGAL REPRESENTATION Ultimately, when an insured party is injured by either an underinsured or uninsured motorist, they can seek a claim from their insurance. If they are unable to agree on the amount of loss with the insurance company, it is most likely they will have to go to arbitration in order to pursue compensation. Given the stakes of arbitration, the insured party should always seek legal representation. An attorney will be best able to handle the claim and represent the insured-injured party in arbitration, as well as any subsequent bad faith actions against the insurer.   Contact the attorneys at Silva Injury Law if you were injured in an automobile accident and have not been fairly compensated for your damages.  

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| Read Time: 2 minutes | Liability

California Toxic Mold Lawyer

Mold that grows inside of buildings and homes can be not only harmful to one’s health, it can also cause damage and even destroy the structure of buildings and its contents. The attorneys at Silva Injury Law can represent you in toxic mold cases.   WHAT IS TOXIC MOLD   It is common for mold and mold spores to grow within homes and buildings. Mold is a common component of household dust. There are hundreds of different species of mold throughout the United States which do not pose a threat to humans. However, certain types of mold, commonly known as toxic molds, can be extremely harmful to humans. Stachybotrys, or “black mold” is especially dangerous and can cause a variety of serious health problems.   Potential symptoms of exposure to mold include: Cold and flu-like symptoms Bloody noses Asthma Headaches Pneumonia Skin rashes Allergies Lung damage Chest and joint Pain Liver Disorders   HOW TO CHECK FOR MOLD IN YOUR HOME   In order to grow and spread, mold needs moisture. This necessary moisture can typically come from defective construction, maintenance, and repairs, such as door or window leaks, plumbing leaks, roof leaks, as well as grading or drainage problems. Mold grows in moist and warm areas. Damp basements, closets, bathrooms, wood, ceiling tiles are very common places for mold to grow. The most serious place that mold has a tendency to grow is inside the walls and flooring in homes.  Mold can develop very quickly on water damaged materials, in as few as 24-48 hours.   There are two main ways in which you can test for mold in your building or home. The first, air testing, involves taking air samples through an air pump and petri dish. The sample is then sent to a laboratory to be analyzed. If mold grows on the petri dish, then it can be determined that mold is present in the home. The second method, called bulk testing, involves a variety of tests such as sending mold-laden drywall in a sealed container to a laboratory for analysis, and tape lift sampling.   LITIGATION OF TOXIC MOLD DAMAGES   Exposure to toxic mold can cause a variety of problems, both related damage to health and property. Courts take these issues seriously and will hold the parties responsible for the construction or maintenance of the building where the mold was located. Whether this is in your place of work, your rented apartment, or other property. When mold has been identified, those who have been exposed can be eligible for a claim for compensation for both the physical as well as emotional injuries caused by the exposure.   CONTACT A LAWYER IF YOU HAVE BEEN EXPOSED TO TOXIC MOLD   If you have become sick due to exposure to toxic mold, or have experienced damage to property from mold, an attorney can help you discuss the possible solutions to your situation. An attorney can help you take legal action to hold landlords, builders, sellers, contractors, and other entities responsible for your damages and injuries.   The attorneys at Silva Injury Law are dedicated to advocating for victims. If you have been a victim of mold exposure, please contact us for a free consultation.

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| Read Time: 2 minutes | Negligence

Construction Accident Injury in California

Construction work is one of the most dangerous of all professions. Not only are there frequent accidents, but the injuries sustained are often severe or catastrophic. Construction accident litigation is complicated because it can involve multiple defendants and causes of action. That’s why it’s important to hire a construction accident attorney in California with a great deal of experience with this type of case.   What Causes Construction Accidents? Even when construction companies take all the proper precautions to protect workers, accidents still occur due to the inherently dangerous nature of the work. Here are some examples are common types of construction accidents:   Electrocutions: Frayed wires, faulty connections, inclement weather and other factors cause workers to suffer severe burns that can require weeks, months or even years of medical treatment. Electrocution can also cause neurological damage and other injuries. Falls From Heights: Some of the most severe injuries are caused by falls from ladders, roofs and scaffolding, accounting for close to a quarter of construction accident injuries. Falls from heights can cause spinal cord injuries with paralysis and traumatic brain injuries with loss of cognition. Injuries From Falling Objects: When equipment is improperly secured or workers are negligent, workers below can be injured when objects that fall onto their bodies. The impact from an object can increase exponentially as it falls, causing severe traumatic brain injuries and spinal cord injuries even to workers wearing a hard hat. Explosions and Fires: The use of solvents and other flammable construction materials can result in explosions and fires that cause third or fourth degree burns that can require skin grafting and other extensive surgeries for months or years. Malfunctioning Equipment: Many construction accident injuries are caused by faulty forklifts, dumpsters, cranes, nail guns and other power tools. Accidents are also caused by improper training in the use of equipment. Building and Trench Collapse Accidents: Many catastrophic or fatal injuries are caused by sudden collapses of buildings that are under construction or being prepared for demolition. Trenches that are built by workers to begin the construction process sometimes cave in, causing serious injuries.   Construction Accidents Are Complicated Due to the severe, catastrophic or fatal nature of many construction accidents, it’s necessary for construction accident attorneys in California to identify every possible defendant in order to collect the large amounts of money needed to fully compensate victims. For example, a forklift accident could have many responsible parties such as:   The driver of the forklift, who may or may not be employed by the same company as the injured worker; The manufacturer of the forklift that could be responsible for a defective design or manufacturing process; The mechanic that last inspected or repaired the forklift or A company that provided training for the forklift driver.   In order to successfully investigate and prosecute the responsible parties, a construction accident injury attorney in California must have a great deal of experience with this type of case.

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| Read Time: 2 minutes | Negligence

Amputation and Limb Loss Caused by Negligence in California

The loss of an arm or a leg in an accident is one of the greatest tragedies imaginable. Even with modern medicine’s ability to provide highly functional  prosthetics, it’s a life changing adjustment that will require many years of medical treatment and rehabilitation. Loss of a limb can necessitate a change in career or cause permanent disability. These injuries also precipitate emotional and psychiatric problems such as post traumatic stress syndrome (PTSD.) That’s why it’s important to hire an experienced California amputation and limb loss attorney with the experience that knows how to collect the large amounts of compensation you deserve for this type of case.   What Causes Amputations and Limb Loss? There are two types of amputations – traumatic and surgical. A traumatic amputation occurs when the limb is detached due to an accident. In some cases it’s possible to reattach the limb if it is in good enough condition and immediately taken with the victim to a high quality trauma facility. In other cases, a limb must be amputated surgically because it is too severely damaged to be saved. These are some examples of the types of accidents that cause traumatic and surgical amputations:   Heavy impact head on collisions and rollovers; Pedestrians, motorcyclists and bicyclists; Construction accidents such as falling from heights and using heavy machinery; Explosions, fires and fireworks and Defective products.   These accidents can cause traumatic amputations as victims are thrown from vehicles or crushed under heavy machinery. Third and fourth degree burns can cause such severe destruction to a limb that surgical amputation is required. Improvements in technology often make a properly fitting prosthesis more helpful than damaged or reattached body parts, but even with successful reattachments and prosthetics, the road to recovery is long and difficult.   Amputation and Limb Loss Cause Huge Economic and Non-Economic Losses The economic losses for amputation and limb loss can be astronomical. The initial hospitalization, multiple surgeries, years of rehabilitation, plus the purchase, maintenance and replacement of prosthetics are just part of the costs. Years of disability and retraining can cause large amounts of lost earnings, and there is almost always a detrimental impact on future earning capacity. In addition to these calculable costs, victims are entitled to compensation for the very substantial pain, suffering and mental anguish they’ve endured. Amputation and limb loss victims can also receive monetary damages for the loss of enjoyment of life due to activities they can no longer enjoy such as running, dancing, drawing or cooking.   California Amputation and Limb Loss Attorney If you or somebody you care about has suffered has lost a limb due to the negligence, recklessness or intentional act of another person, it’s important to speak to an experienced California amputation and limb loss attorney that knows how to collect a large amount of compensation.

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| Read Time: 2 minutes | Negligence

Sidewalk Trip and Fall Injuries in California

If you’ve been injured tripping and falling on a sidewalk, you may be entitled to compensation from the municipality, the property owner or both. These cases are complicated and claimants are unlikely to be successful in collecting large amounts of compensation on their own. There are also short deadlines and picayune requirements for filing notice with municipalities that can cause a claim to be dismissed. That’s why it’s important to call an experienced sidewalk trip and fall attorney in California as soon as possible after your accident to discuss your legal rights. Premises Liability and Negligence In order to be successful with a sidewalk trip and fall injury claim, you must prove the following elements: ● The condition of the sidewalk unreasonably unsafe; ● The parties responsible for the sidewalk’s safety knew, or should have known, it was unsafe; ● The property failed to properly repair or warn of the unsafe condition and ● The unsafe condition caused your injury. It’s also necessary to show that you are legally on the sidewalk. For example, if you crossed police lines or areas marked with “no entry to public,” you would be considered a trespasser, and might not be able to collect compensation. For sidewalk cases, municipalities often impose a duty on adjacent businesses and homeowners to maintain the sidewalk. Who’s responsible may hinge on a few inches and whether you’re a trespasser could depend on the prominence of a warning sign. That’s why it’s important to consult with an experienced sidewalk trip and fall injuries attorney in California that knows how to collect large amounts of compensation for this type of case. Defects and Defenses There are many types of defects that can cause trip and fall injuries due to negligence. These are some examples: ● Raised section of sidewalk slab; ● Pothole; ● Construction Debris; ● Spilled Oil; ● Tree Roots It’s important to remember that if a defect is very small, the court can rule that it was not reasonable to expect the municipality, homeowner or business owner to repair it. It’s important to consult with an experienced sidewalk trip and fall injuries attorney in California as soon as possible after your fall because deadlines can be short and evidence can be destroyed.

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| Read Time: 2 minutes | Negligence

Hotel Injury Cases In California

Most hotels go out of their way to make sure their guests are safe and comfortable, but sometimes they make mistakes that cause serious or catastrophic injuries. Hotel injury victims can be faced with large amounts of medical bills and lost earnings due to long term or permanent disability. The best way to collect the largest amount of compensation possible for the injuries you sustain is to hire an experienced California hotel injury attorney.   Common Types of Accident At Hotels There are many different types of negligent, reckless and intentional acts that can cause injuries to people on a hotel property. These are some of the most common hotel accidents:   Slip/Trip and Fall Accidents: Hotels have a duty to make sure that their flooring surfaces are reasonably safe, and are liable for injuries due to: ○ Overly waxed floors; ○ Wet floors from spills; ○ Mopping floors without proper warnings; ○ Loose floorboards or carpet and ○ Lack of illumination.   Swimming Pool or Beachfront Accidents: When recreational areas are not properly supervised or maintained, the results can be horrific. Hotels are responsible for injuries caused by slides, diving boards, slippery areas and other water activity features.   Sports Accidents: When hotels and resorts offer sports activities and equipment, they’re responsible for the safety of the guests that participate. This includes sports such as tennis, golf, volleyball, water skiing, scuba diving, boating, gyms and fitness classes.   Dog Bites: It’s become increasingly popular for hotels to allow guests to bring their pets along on vacation. It’s the responsibility of the hotel, as well as the owner, to take reasonable steps to ensure that other guests are not bitten by pets on the premises.   Assaults: Hotels have an obligation to provide adequate illumination and security for their guests. If you are assaulted in a parking lot, conference room, guest room or anywhere else on the premises, the hotel can be responsible for the injuries you sustain.   California Hotel Injury Attorney If you’ve been injured on the premises or a hotel, motel or resort, it’s important to speak to an experienced California hotel injury attorney as soon as possible after your accident.

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