Attorney4Injury.com: Legal Guide Attorney4Injury.com: Legal Guide http://www.attorney4injury.com/guide/ Copyright by Attorney4Injury.com en Attorney4Injury.com Sat, 23 Sep 2017 03:26:58 -0400 Pursuing an Individual Lawsuit vs a Class Action for my Mesothelioma Case If you or a loved were recently diagnosed with mesothelioma, contact a mesothelioma lawyer immediately and consider your legal options for compensation.   Most cases of mesothelioma, an aggressive form of cancer caused by asbestos exposure, are the direct result of negligence by an employer.  Before federal regulations were established in the late 1970s restricting the use of asbestos, a mineral lauded for its fire-proofing and insulating capabilities, asbestos was commonly used in construction, manufacturing, and within the military.   Many employers were aware of the dangers of asbestos exposure long before the public, making them negligent in employees’ safety.

With the emergence of mesothelioma diagnoses, employees began to file lawsuits against the companies responsible.  In the 1960s, many turned to class action lawsuits, which are lawsuits filed by a group of people, represented by one member, against the defendant liable for similar injuries or damages.  A decade later, individual mesothelioma lawsuits gained popularity, as more success for compensation was realized with each case’s unique circumstances.  

Individual Mesothelioma Lawsuits Favored Based on Four Circumstances

Today, individual mesothelioma lawsuits remain the favored avenue of legal action by mesothelioma lawyers and their clients due to four circumstances:  source of exposure, number of exposures, time of diagnosis and settlement amounts.

Source of Exposure

With a class action lawsuit, the group filing the claim must share similar injuries and damages caused by similar exposures, for the lawsuit to even become class action.  Due to the multitude of occupations that were exposed to asbestos prior to the 1970s, all cases of mesothelioma cannot be neatly categorized into one common source of exposure.   In addition, some cases of mesothelioma are the result of second hand exposure from asbestos fibers remaining on clothing and hair of someone in the same household.   Therefore, it is more beneficial for the mesothelioma patient to file a lawsuit based on their individual case.

Number of Exposures

Many mesothelioma patients suffered multiple exposures while on the job.  With the prevalence of asbestos in various industries, an employee working in one location, but traveling to another would be exposed multiple times.  With a class action lawsuit, typically, only one type of exposure is addressed.  By filing an individual lawsuit, it is possible for multiple defendants to be liable for your exposures.  

Time of Diagnosis

Due to the long latency period, mesothelioma is diagnosed 20-50 years after exposure, mesothelioma patients do not have the luxury of time.  Often, symptoms of the disease do not appear until the later stages of the illness.  Therefore, time is of the essence when filing a lawsuit.  Mesothelioma patients do not have years to wait for a class action lawsuit to go through the court system.  Hiring a mesothelioma lawyer to focus on one individual’s case will expedite the process. 

Settlement Amounts

Generally, compensation won for class action suits are distributed evenly among all of the plaintiffs in the class.  With an individual mesothelioma lawsuit, your compensation is based on you and your individual situation, such as age, medical expenses, lost wages and emotional toll on you and your family.

Experienced mesothelioma lawyers are focused on helping you relieve some of the burden caused by an asbestos-related illness.  They have the resources and knowledge to fight for the compensation that you deserve in a reasonable amount of time.

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4 Tricks to Spot a Good Criminal Lawyer

So, you are in a situation where you have gotten accused of a criminal issue. And, as a result you are dealing with a lot of different things in the situation as well. How do you know that you have a handle on the problem?

A good criminal lawyer is going to be your best bet when it comes to working out any sort of criminal case. Not only does it allow you to have a fuller understanding of what may be going on, but you will also have a lot less stress in regards to what you need to be able to accomplish.

How do you find a good criminal lawyer? Here are some tricks you can use to figure that sort of thing out.

  1. Look for a lawyer that has experience in the courtroom. Lawson Legal is a good example of a firm that has really put a lot of time and effort into finding lawyers that have experience in the courtroom, check their site for more details https://www.lawsonlegal.com.au/sentencing-hearings/. You don’t want to get a lawyer that doesn’t have that sort of experience, because they may not have the prowess to help you get what you need out of the case. Going with a firm like this also guarantees that, even if they are a newer lawyer, they have the team that they need to be able to help your case work out in a positive way.
  2. Make sure that you can tell if they are confident, rather than arrogant. One of the biggest issues that many lawyers deal with is arrogance. They think they can’t be beat. But, there are plenty of lawyers that have learned to get past that arrogance so that they can be as confident as possible when they go out into the courtroom and fight for you. Arrogance will cause problems; confidence wins cases.
  3. See if you can do some background research on them. You can learn a lot about lawyers when you look around on the web and check out their records. Many times, legal firms will actually put it all out there on their website so that you can read about them, see where their degrees are from, and even see what sort of experience that they have.
  4. Do they try to help you understand the legal terms you’re working with? Legal jargon can get incredibly confusing and, over time, it can seem overwhelming. You need to know the language to be able to be a good advocate for yourself during your case. If your lawyer understands that, and they work to help you understand exactly what it is that is going on with your case in layman’s terms, then you’re going to be much better off than getting into a situation where you are with a smart lawyer that just throws around jargon without any explanations. Find someone that gives you the balance necessary so that you can be an active part of your case, instead of just being along for the ride.
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Guide http://www.attorney4injury.com/guide/4-tricks-to-spot-a-good-criminal-lawyer-105.shtml http://www.attorney4injury.com/guide/4-tricks-to-spot-a-good-criminal-lawyer-105.shtml Editor Thu, 14 Sep 2017 10:49:54 -0400
Boating Accidents and Personal Injury During the summer, there are few prospects more enticing than spending a relaxing day out on the water. As idyllic as a boating trip is, unfortunately accidents can happen. In 2015, the Coast Guard reported that there were 4,158 boating accidents in the United States, which resulted in 626 deaths, 2,613 injuries, and a total of $42 million dollars of damage to property. Some accidents are precisely that; simply being in the wrong place at the wrong time. However, some boating incidents are caused by negligence of individuals or organizations. In these cases, victims of a boating incident may be able to claim for compensation from those responsible.

Types of personal injury that can result from a boating accident

There are myriad injuries that may result from a boating accident. Some of the most common include:

Spinal cord injuries

The forces involved in a boating accident may cause occupants of the vessel to sustain spinal cord injuries. These can vary in severity, from temporary damage to paralysis. Victims with temporary spinal cord damage will require immediate treatment after the accident, and ongoing physiotherapy in order to resume their regular activities. Severe spinal cord injuries, which may involve paralysis, can be life-changing. Patients who become paralyzed will generally need to be in hospital for an extended period of time, while the spinal cord is stabilized, and intensive therapy (if appropriate) is given over the long term. A severe spinal cord injury can leave a victim completely incapacitated, unable to resume their career, and reliant upon the care of other people. The expenses involved in treatment compounds the extreme emotional trauma of being involved in an accident and sustaining a severe injury.

Broken bones, sprains, strains, and ligament damage

Boating accidents may also do damage to limbs; broken bones, sprains, strains, and ligament damage are commonly-reported injuries. Intensive physiotherapy and support may be required, which can be disruptive and expensive. Time off work will likely be required in the direct aftermath of an accident, but the severity of an injury may necessitate a longer period of absence.

Traumatic brain injury (TBI)

One of the most devastating potential consequences of involvement in a boating accident is a traumatic brain injury, or TBI. These occur as a result of extreme force, when the brain clashes with the inside of the skull. Mild TBIs, or concussions, may resolve relatively quickly, but can cause long-term issues such as dizziness, headaches, and difficulties with concentration. Severe cases of TBI may result in memory loss, irreparable brain damage, and permanent cognitive disability.

Liability and responsibility

Freak accidents can happen, particularly at sea. However, if you are the victim of a personal injury in relation to a boating accident and suspect that someone is at fault, you may be able to take legal action. If the boat operator was under the influence, excessively tired, distracted, or not properly trained, they are liable. Similarly, if a company or individual is responsible for a boat that is damaged or badly maintained, they hold accountability for your injuries.

Next steps

If you require legal advice regarding the aftermath of a boating accident, speak with an experienced lawyer. Those in the Nashville area are welcome to contact the Bill Easterly Law Firm.

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Guide http://www.attorney4injury.com/guide/boating-accidents-and-personal-injury-104.shtml http://www.attorney4injury.com/guide/boating-accidents-and-personal-injury-104.shtml Editor Thu, 31 Aug 2017 05:58:55 -0400
3 Signs of a Great Personal Injury Attorney Your life can change instantly because of a careless, untrained, or drunk driver. You may survive an accident but with a permanent disability or another medical complication. The best move after such an accident is to file a personal injury lawsuit. However, the outcome of the process depends on the personal injury attorney that you hire. If you make the wrong choice, you will spend money on the case and fail to get any settlement. How can you tell that you have found the right attorney? Here are the signs to look for in the personal injury attorney.

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1. Vast Experience

The first consideration when hiring a personal injury is his or her level of experience in the courtroom. The attorney should have represented many clients and won cases relating to personal injury. Ask for the lawyer’s portfolio and consider the outcome of the cases. If an attorney has vast experience in this field, he or she can advise you appropriately when filing the case. This does not mean that you will automatically get a settlement in full. However, you are assured of the best outcome when working with an experienced West Palm Beach injury attorney. Consider the attorney’s qualifications and certifications as well. Sometimes, lawyers may falsely claim to have extensive experience, but you can judge their level of experience with their responses to your questions.

2. Willingness to Share Relevant Information

Filing any lawsuit involves extensive investigations and documentation. For personal injuries, lawyers must collect and evaluate all medical records and police reports on the case. The details therein will help them file a strong case in court. A good attorney should be willing to answer any questions about the case and share the gathered information with you. With such an attorney, you can focus on recovering from the injury and adjusting your lifestyle while he or she handles the case. A good lawyer should educate you throughout the processes and allow you to make the final decision based on the details at hand. He or she should not make all the decisions for you and expect you to agree with the decisions.

3. Care for your Personal Needs

Unlike other lawsuits, a personal injury lawsuit is associated with stress and sometimes trauma. A good lawyer will look beyond the paycheck and consider your personal needs. The best time for the lawyer to file a case is when you have reached your maximum medical improvement level. However, the lawyer can opt for an earlier time if you are struggling to pay your medical bills. The lawyer should understand the impact of the injury on your life and articulate the same clearly in court. In addition, the lawyer should be willing to put in extra hours to ensure that your needs are met.

Conclusion

A personal injury often comes with emotional stress, especially when the injury has lifelong consequences. The stress may affect your ability to make a sound decision when choosing an attorney. Ask for help or a second opinion from your family or close friends when comparing different attorneys. You are safer with an attorney will extensive experience in personal injury lawsuits.

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How can you get compensation for a slip and fall lawsuit? One of the most common types of workplace injuries is a slip and fall accident. But the workplace isn’t the only place that this type of accident can happen. It can also occur on someone else’s property. No matter where the accident happens, one thing remains true. You may be eligible for compensation. However, that requires the experience of a personal injury lawyer.

Proving compensation is necessary

In order to get compensation for a slip and fall accident, a lawyer needs to prove three main facts. First, they need to show that one party is liable for the accident. Then, they need to show that the liable party was either negligent, or played a part in the accident. Finally, they need to show that you did not contribute to the accident.

  1. Show liability

The first part is easy enough to prove. If the accident happened at work or on private property, someone else is liable. Either your employer or the property owner may be responsible. As long as they have legal responsibility for the property, they are liable. However, it’s also important to consider their insurance. For example, some homeowners have insurance that takes away their liability for slip and fall accidents.

  1. Proving negligence or contribution

Negligence occurs when one party ignores the safety of another party and acts in an unreasonable manner. For example, an employer may have workers working in unsafe conditions. This leaves them vulnerable to injury. Although the employer may not have actively been involved in an accident, their negligence indirectly caused it. If a reasonable person would look at the working conditions and see them as unsafe, the employer is negligent.

Consider a leaking ceiling. The ceiling could make puddles of water on the floor, and employees could slip in those puddles. However, the employer may be aware of the leak and refuse to fix it. A reasonable person would fix it to prevent injury. If you slip in a puddle, it is due to the negligence of your employer.

Contributing to the accident is similar. If a lawyer can prove that an individual contributed to your accident, you may be entitled to compensation.

  1. Proving that you did not contribute

This point is easy to prove if you followed all the rules. If you were at work, a lawyer can show that you followed all of the protocols and safety standards. This is especially easy to do if you have a good track record of sticking to safety measures.

Being distracted at the time of the accident or not following protocol can jeopardize your case. However, you need lawyers with experience, like MKH slip and fall injury lawyers, to look at your case.

Once you have lawyers review your case, they can tell you the likely outcome. Experienced lawyers know what it takes to win cases. They won’t let you take your case to court if you have no chance of winning. Speak to an attorney and find out what your chances are. They may be able to help you get compensation.

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What you need to know after a mesothelioma diagnosis If you or a loved one has been diagnosed with mesothelioma, you’re probably feeling overwhelmed by both the diagnosis and the amount of information the internet has to offer. There are a few basic things you should understand about mesothelioma and asbestos exposure, to begin to comprehend the diagnosis and where to go from here.

Mesothelioma is caused by exposure to asbestos, which was used in the construction of many buildings in the U.S. Asbestos was mostly banned in the U.S. in 1989, although it still remains in the walls of many buildings, as it is not dangerous unless it is disturbed. Asbestos causes problems when individuals either inhale or ingest it. The body cannot process asbestos fibers, which then become “stuck” in the lining of the body organs, most often the lungs. The fibers then lead to irritation and, in many cases, to malignant mesothelioma — an aggressive cancer. If ingested instead of inhaled, mesothelioma may be present in the abdominal cavity in addition to or instead of the lungs.

Typically, mesothelioma is not diagnosed until years or decades after asbestos exposure. Most people with a current mesothelioma diagnosis were exposed long before the dangers of asbestos were known. Because asbestos exposure must be continual and long-term to lead to mesothelioma, most people diagnosed with the disease were exposed to asbestos in their workplace, over the course of many years. Symptoms of malignant mesothelioma or other asbestos diseases do not begin to appear until approximately 15 years after exposure, though symptoms may sometimes remain unnoticed for decades longer. Asbestos was especially common in shipyards, steel mills, and factories (such as those associated with automobile manufacturers).

As with many other forms of cancer, mesothelioma can be treated with surgery, radiation therapy, or chemotherapy. Treatment plans depend greatly on the individual’s overall health, as well as on the progression of the mesothelioma. There are also supportive and palliative treatment options to relieve the symptoms and pain of mesothelioma.

These treatments, as well as the associated hospital or doctor’s office stays, can be costly. Because mesothelioma is often diagnosed when an individual is older, many couples or individuals have already retired from work and are on a fixed income, making it incredibly difficult to afford the treatments. If this describes you or your family, you have options. You may be owed financial compensation from the company that is at fault for the asbestos exposure of you or your loved one.

Although you and your family would likely prefer to focus your energy on your loved one during this time, pursuing financial compensation can allow for the best possible medical care during the entirety of you or your loved one’s illness. The compensation can help pay for visits to specialists, as well as participation in less common treatment types and the use of palliative treatments or therapies.

Although diagnoses and treatment plans vary widely from one person to the next, you and your family are not alone. Visit mesotheliomahelp.org for more cancer information, and to begin to learn your options and rights during the treatment process.

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Guide http://www.attorney4injury.com/guide/what-you-need-to-know-after-a-mesothelioma-diagnosis-101.shtml http://www.attorney4injury.com/guide/what-you-need-to-know-after-a-mesothelioma-diagnosis-101.shtml Editor Tue, 22 Aug 2017 08:31:42 -0400
What is My Personal Injury Lawyer Really Doing? When you experience an injury at the fault of someone else or as a result of their negligence you may be left with more questions than answers. It is helpful to hire a personal injury lawyer as early as possible so they can help to establish you on the right path towards recovery and financial stability. But what happens once your personal injury starts to go to work on your behalf? What exactly have you hired them to do? Here’s a deeper look at what your personal injury lawyer is really doing to help you win your case.

Fact Finding

There are many aspects to every personal injury case, and your lawyer needs to be made aware of all angles. You as the victim may not have all pertinent information and in order to solidify your case your lawyer needs to know all of the nitty gritty details. Part of their job is asking the right questions to everyone involved.

Do What the Client Wants

Once you retain a lawyer, they are your lawyer. They are there to fight for you and will follow your wishes while providing you with guidance. If you want to sue someone, they will file suit on your behalf. If you want to organize mediation and settle outside of court, your lawyer will initiate the process. It’s important to have open communication with your personal injury lawyer so they can adequately represent your wishes.

Handle Negotiations

The value of your settlement is greatly influenced by the power behind your negotiations. Having a professional to negotiate on your behalf removes the emotional party from the equation. Emotions can cause your judgement to be clouded and can negatively impact the amount you are awarded. Especially if an insurance company is involved in negotiations having your personal injury lawyer handle negotiations on your behalf is the best way to ensure you receive a fair settlement.

Argue for You in Court

Although many negotiations can occur out of court, sometimes appearing in court is necessary in order to settle your claim. Having a trained and competent personal injury lawyer argue for you in court ensures that you do not have to navigate the court system by yourself. It takes years to master the forms, the process and procedures involved in a court and one wrong misstep can set you back or even ruin your case completely. And depending on the circumstances of your case, you could be up against a criminal defence, you will definitely want a skilled lawyer on your side.

The benefits of hiring a personal injury lawyer are very evident. Knowing that your lawyer is doing everything in their power to fight for you and your settlement should be a comfort in your time of need.

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Who is liable if you get bit by a dog in Maryland? Every man, woman, and child in the US have been aggressed or bitten by a dog at least once in their lifetime. Dogs are territorial beings, and you never know what they consider to be their “private territory” and how they react when you “trespass” into it. Each year more than 45 million people are bitten by dogs and go the hospital, requiring medical attention. In Maryland dog bite liability is not set in stone, and that is why you if you want to get compensation, you should get the help of a dog bite injury lawyer from Maryland.

Is the dog owner liable?

The answer is “yes”, but it depends. Up until 2014, the dog bite law was not very clear, but after it was revised, a new set of rules was introduced. Now, the dog owner is strictly liable for their dog behavior, and if someone gets injured, they will be compensated.

The good news is that now your injury attorney will not have to prove the negligence and fault of the owner. The term “Strict liability” means that the owner should have been aware their pet was dangerous, and he or she should have taken appropriate action to prevent people from getting hurt.

On the other hand, the owner can still avoid liability by proving they were not aware their dog was aggressive. But it is much harder to demonstrate that you didn’t know your own animal was aggressive.

Proving you were not at fault

Even though you don’t have to prove the dog owner’s liability, you still have to demonstrate that the dog bite was not your fault. If you were bitten in a public place, the case is simple. But if you entered on private property where the dog resided, then the owner might try to get your case dismissed on the concept of “trespassing”. In some cases, even if you were bitten in a public place, the owner might still try to accuse you of provoking the animal, which made it respond aggressively.

To maximize your chances of winning, you should contact a personal injury lawyer from Maryland. They can establish your best course of action and offer you valuable advice.

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What can you do after being hurt by a defective product? The product liability cases involve the injured party and the liable party. In general, the responsible party is the producer or manufacturer of the defective product that harmed a person. This type of case also involves property damage caused by faulty products. In fact, the manufacturer does not have to be negligent to take responsibility for the losses or injuries the consumer has suffered. This article will help you better understand what options you have when being injured by a defective product. For a better legal representation, it is still advised to contact a defective products lawyer from Maryland.

Defective Product Law in Maryland

Products can be faulty because of numerous reasons. It is possible for it to have a manufacturing or design error, but it can also happen because of bad marketing, or maybe it got damaged during transport. While the injuries you suffered are not your fault, with the help of a specialized lawyer you can make any entity from the chain of distribution to be liable and bring them to court or even reach a settlement.

The product can be anything from tools, foods, machines, instruments, devices, either electric or not. For example, if a child crashes because of a faulty skateboard, they can be entitled to compensation by the manufacturer, producer, retailer, etc. It is possible to find them liable even if the product is second hand. But this depends on many things. You can ask your attorney for more information about this.

Proving you are not responsible

The biggest problem with defective product injuries is that you have to demonstrate the defects were not caused by you in any way. To show that the injury you suffered was caused by a product that was defective ever since it left the assembling line, you will need to get it checked out by a specialist. You can ask your lawyer to help you with this, and also gather all the evidence you need to ensure you will receive financial compensation for the injuries you suffered.

The product liability law is extremely complex, and without an attorney to advise you, the chances are that you will lose the case, and not receive the compensation that might help you with your recovery.

For more information about defective products, you can contact the best personal injury lawyer in Maryland area.

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How to fight a Maryland traffic ticket If your case reaches the courtroom, there is no 100% sure thing. But until then, you have some options that may help you avoid the “Guilty” verdict with a traffic ticket in Maryland. The judge can find that simple questions may cast doubt on a case. In this article, you will learn what you can do to fight a traffic ticket. You can also get the help of a traffic ticket lawyer from Maryland to increase your chances of success.

Take immediate notes of the situation

Determining the speed of a vehicle can be affected by a series of factors. For example, the radar gun requires being regularly calibrated. This means that if your speedometer showed you were going slower, your lawyer can help question the speedometer readings. You should also take note of how the traffic was at that time. If there was a large truck behind you, the radar probably recorded their speed. Radar guns are made to track the largest object. This is another factor that will help your attorney in court.

Note the traffic issues

Most judges in Maryland frown when drivers say “I was just keeping up with the traffic flow”. Instead, note that “a car was approaching rapidly and forced you to speed up to get into the other lane.”

You should also know that the state highway administration says that the enforcement should begin when you have 10 MPH over the speed limit. This means that if you received a ticket and you were going with only 5 MPH over the speed limit, your lawyer can get your ticket dismissed.

Prepare your evidence against all “subjective claims”

It is quite hard to fight a traffic ticket in Maryland using other methods than the ones listed above. However, if a driver was careless or aggressive in traffic, they can stack on double the points. That is why it is important for you to note the traffic flow, and how you were driving. Your lawyer will explain to you more about what you should say.

Show up

Police officers that attend the court do it outside of regular working hours. But if they are pulled away from the court appearance, the judge will most likely dismiss the case because no officer can testify.

These are the steps that can help you fight a speeding ticket, but the best way to ensure your success is to contact a personal injury lawyer from Maryland.

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Emergency Response Teams: Why You Need an Attorney after Your Semi Truck Accident Because semi-trucks are generally owned by large companies and corporations, they have the financial resources to have an experienced team of lawyers and experts to quickly begin working on building a case against you - even if the semi-truck accident was not your fault.  These teams are commonly known as “Emergency Response Teams.”

Because semi-truck collisions often involve very serious damages and large insurance policies, it is in the company’s best financial interest to aggressively defend these claims. Their first step is employing an Emergency Response Team. Emergency Response Teams, or Rapid Response Teams, respond immediately to the scene of a serious accident to guarantee that evidence is properly documented and collected in their favor.

The Federal Motor Carrier Safety Administration has rules and regulations that preside over the collection of certain evidence following a collision. Additionally, state and federal law enforcement agencies have procedures in place that dictate the procedures of their investigation.

Although these agencies attempt to capture as much information as possible, they do not have a specific concern at capturing information that would be beneficial to either individuals or companies involved in the accident. Furthermore, even if they collect and store data regarding the accident, it may not be preserved properly for purposes of litigation or negotiations.

Insurance Companies Working Against Victims

While the injured parties are seeking medical treatment, the insurance companies are compiling their experts to the scene. This can give the defense an advantage when documenting evidence that could be potentially used in the future in litigation or negotiations. Preserving and documents this evidence is a critical part of the case, especially when determining negligence, and all the violations of the Federal Motor Safety Regulations, which governs truck drivers and companies.

These experts begin to immediately photograph and measure the roadway, interview witness, and photograph other speed limit and caution signs. Experts may include, but are not limited to, accident investigators, accident reconstruction engineers, on-board technology expert, forensic photographer/videographer, and freight loading and shifting experts.

Because the insurance companies have the resources to have these experts and lawyers aggressively defending the claim, it is a vital that you also have an expert on your side. This is just one of the factors that makes these situations much different from a typical car accident case. An attorney on your side can help establish liability for your crash, collect evidence to support your claim, and help ensure you receive the compensation that you are entitled to.

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School Zones and Pedestrian Safety during Back-to-School Season After the usually relaxing downtime of the summer months, back-to-school season presents an increased risk of pedestrian accidents, particularly in school zones. More cars are on the roadways and more children become pedestrians in crosswalks near schools and in other areas, meaning they are increasingly exposed to drivers and therefore motor vehicle accidents. This blog post aims to explore some of the misconceptions and statistics related to pedestrian accidents in school zones the United States.

Child Pedestrian Statistics

It is estimated that approximately 100 children in the United States are killed every year while walking to or from school, and another 25,000 sustain child injuries as a result of school zone accidents.

Crossing zones near schools are always an area of focus for lawmakers and safety advocates, particularly when it comes to addressing the risk of school zone accidents. Maybe that’s due to the fact that a 2009 study from Safe Kids USA showed that one in six drivers in school zones is driving distracted.

Think about it; that means almost 17 percent of all drivers in school zones are putting kids at risk of a school zone accidents and potentially devastating injuries. It goes without saying that school zones are one of the most dangerous places for a distracted driver, if not the most.

Furthermore, additional studies have showed that the effects of distracted driving are relatively similar to those exhibited by drunk drivers. This means that those drivers are acting about as reckless as drunk drivers in marked zones designated for children to cross.

Myths about Pedestrian Laws

Kids aren’t as well-versed about traffic laws and safe practices as adults are; let’s face it, many adults aren’t even all that clear about the rules and regulations of crossing the street.

Many experts in the safety industry agree that the best way to improve safety and shift the approach to school zone accidents is through education. Kids with a better understanding of their surroundings and the laws they should abide by are likely to be less at risk of being involved in an accident as a pedestrian. Below, we address some of the myths associated with school zone accidents and some clarifying information that can better inform our children to prevent child injuries.

Tips for Pedestrians

  • Cross with Caution: A “Walk” signal does not necessarily mean that the street is safe for crossing. It is important to check both directions of traffic before crossing the street; children should always look LEFT-RIGHT-LEFT before entering a crosswalk.
  • Assume Drivers are Distracted: As we mentioned earlier, approximately one in six drivers in school zones is distracted by something else. Make sure cars are yielding to the crosswalk before attempting to cross the street.
  • Keep an Eye Out: Other pedestrians may not always be as aware and prepared as you are. Stay alert and take charge if you see a potentially dangerous situation beginning to develop.

Tips for Drivers

  • Assume Pedestrians are Present: Just because you don’t see a crossing signal does not mean that no pedestrians are in the crosswalk. If you see pedestrians waiting to cross, obey the law by coming to a stop and letting them cross the roadway.
  • Keep Your Eyes Ahead: This is really a code to live by at all times behind the wheel, but we’d like to emphasize it in school zones particularly. Taking your eyes off the road for just a matter of seconds is extremely dangerous, especially when young children are present.

Being involved in a motor vehicle accident can be devastating and carry huge consequences for drivers, so staying alert in school zones pays off for everyone involved.

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Guide http://www.attorney4injury.com/guide/school-zones-and-pedestrian-safety-during-back-to-school-season-95.shtml http://www.attorney4injury.com/guide/school-zones-and-pedestrian-safety-during-back-to-school-season-95.shtml Editor Wed, 28 Jun 2017 23:08:16 -0400
Injury Lawyer: Why A Simple Will is Crucial? If you lose your life intestate (meaning without leaving a proper will or a living trust) – all your assets will be split according to your state’s law. A survey done by Harris Interactive for Lawyers.com revealed that 58% of adults lack this crucial document.

A lot of people don’t understand the necessity of a will

Forbes.com also pointed out that in some cases, married couples with kids tend to write “I love you” wills that leave everything to each other. This is a common practice that works on a basic idea: the survivor will take care of the children. Unfortunately, couples that don’t have as much foresight can be unwittingly misdirecting their family’s future.

So, for the sake of all those you love, you should execute a will. And if you already have one you did a long time ago, you should update it. Chances have it that over the years your family/assets have grown considerably. A simple will may be suitable for people with fewer assets than $100,000, but you should ask your attorney on how to write your will, or if there is another estate planning vehicle more suited for your family.

When meeting with your attorney

Next, you will find the things you will need to provide pertinent information when meeting with your attorney (you will also have to bring relevant documents).

  1. Basic Information
    1. Your current marriage, prenuptial agreements, and divorces (and all prior marriages if any)
    2. Your children, grandchildren and all close relatives
    3. If any family member has a permanent disability (which requires a special provision in your estate plan or will).
  2. Existing planning documents
    1. Any will or living trust
    2. Any advance healthcare directive or living will
    3. Any power of attorney
  3. Assets
    1. Real property (liens/mortgages included)
    2. Life insurance policies
    3. Safety deposit boxes
    4. Equity interests (partnership interest, stock, etc.)
  4. Personal Representative
    1. The person destined to be your Executor (personal representative) to handle the affairs of your/your spouse’s estate
  5. Guardian
    1. If there is a common disaster and you and your spouse do not survive, you will need a guardian for your minor child or children.
  6. Power of attorney
    1. Both you and your spouse will need an individual with a Durable General Power of Attorney to handle the financial and legal affair if both of you are unable to do so.

For more information about the documents and information, you need to write a will and get the assistance of the best personal injury lawyer from Maryland area.

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Guide http://www.attorney4injury.com/guide/injury-lawyer-why-a-simple-will-is-crucial-94.shtml http://www.attorney4injury.com/guide/injury-lawyer-why-a-simple-will-is-crucial-94.shtml Editor Wed, 14 Jun 2017 10:01:33 -0400
The Dangers of Electrocution - What to do when injured Getting shocked by any type of current can be unnerving. Indifferent of the voltage or amplitude, there can be severe tissue burning even underneath the skin. And if your feet are on a conductive surface (like a wet floor), the current may go through your heart and potentially kill you. If you are not at fault for your electrocution, then you can take legal recourse.

One good example would be a tiny spill of water on the supermarket floor (possibly from a melting bag of ice). It is common for store employees to plug in an old shop-vac to clear up the mess. But if the employee is pulled away for just a second, a frayed wiring can electrify the whole puddle. And although it is not a common accident, it is known that liquids and electrical devices make a dangerous combination.

Most of the times, the people getting injured are the employees and the visitors of manufacturing facilities or construction sites. Any unshielded high voltage device can create electrical arcs (which act somewhat like artificial lighting). In many cases, the current passing through the body is not the one that affects the body, but the temperature caused by the high voltage. In addition to this, the current can be powerful enough to ignite polyester and cotton, causing additional damage.

Not all people that are electrocuted file an injury claim. This happens because most people that get electrocuted are children, because they do not fully understand the dangers of electronic and electrical equipment/toys.

The first thing you should do if you were electrocuted is to get checked out by a doctor. Electrocution can cause numerous health problems, including:

  • Cardiac arrhythmia
  • Internal injuries
  • Shortness of breath
  • Abdominal and chest pain
  • Burns
  • Broken bones due to the violent muscle contractions
  • Pain where the current enters and exits the body
  • Cardiac arrest

The DC (direct current) is more dangerous than the AC (alternative current). AC current

DC current has no frequency and tends to lock you directly to the current source, and in the end, you can die slowly from respiratory failure. The AC, on the other hand, will seize up your muscles, but the current will switch cycles. This means that the current switches off momentarily and your muscles will react against the seizures, throwing you away from the source of the current.

Even if you’ve survived electrocution, the side-effects of such an event can last for years to come, affecting your life even if you undergo treatment and rehabilitation.

Keep in mind that if you were electrocuted and it was not your fault, you have legal options of receiving compensation for what you’ve suffered. In addition to this, you will also receive compensation for treatment, medication, pain, and suffering, etc.

For more information about electrocution contact the best personal injury lawyer in the Maryland area.

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Guide http://www.attorney4injury.com/guide/the-dangers-of-electrocution-what-to-do-when-injured-93.shtml http://www.attorney4injury.com/guide/the-dangers-of-electrocution-what-to-do-when-injured-93.shtml Editor Wed, 14 Jun 2017 10:00:58 -0400
What to do if you've had a car accident - The 8 crucial steps to assist your accident lawyer Car accidents happen every day and can happen to anyone. Just last weekend, a teenager was involved in a car accident in which he collided with another motor vehicle. It was extremely dark outside, and because of the poor meteorological conditions (rain) at a stop, the teenager was unable to break due to aquaplaning. Luckily for him, no person was hurt, but both the cars involved in the accident took some heavy damage. It was a shocking experience for the young driver but one from which he learned some valuable things, including how important it is to know in advance what you have to do in such a situation.

Here is what you have to do if you too have to do if you were involved in a motor vehicle accident:
(You can write this checklist down and put it in the glove compartment to help you just in case)

  1. Don’t leave the “scene of the crime”. In most US states it is considered a misdemeanor if you leave the scene of a motor vehicle accident which only resulted in property damage (no person was injured). This misdemeanor usually comes with a substantial fine of about $1,000 and a possible sentence of up to a year.
  2. If no person was injured, you can move the car if still possible not to interrupt the traffic flow.
  3. Don’t get out of the car until you are safe to do so.
  4. If you think you need medical attention or if another person was hurt you should call 911. Do not attempt to move the injured person as you might make their injuries worse. Leave this to the paramedics.
  5. Even if no person was injured, you should contact the police if it is required by your state’s law
  6. If you are not sure about your state’s law and what you are obligated to do after a car accident, you should contact your accident attorney for further assistance.
  7. Exchange information with all the drivers involved in the accident, including:
    1. Name
    2. Contact information
    3. Vehicle make and model
    4. Driver’s license number
    5. Insurance carrier and policy number
  8. DO NOT share details of your policy (like coverage limits or deductible) with other people from the accident
  9. DO NOT apologize or admit fault (if you think you were at fault do not admit your guilt). This can be used against you in the court of law (regardless if you were fully responsible).
  10. Take photos or a video of the scene of the accident the damage.
  11. Note how the weather conditions were and the time of day when the accident happened.
  12. Try to find people who will write a witness statement saying how they saw the accident happen (if your attorney recommends).

These steps will help you keep a cool head after your accident and will help you act responsibly after such a stressful event.

For more information about a car accident, you can contact the best personal injury lawyer from Maryland.

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Guide http://www.attorney4injury.com/guide/what-to-do-if-youve-had-a-car-accident-the-8-crucial-steps-to-assist-your-accident-lawyer-92.shtml http://www.attorney4injury.com/guide/what-to-do-if-youve-had-a-car-accident-the-8-crucial-steps-to-assist-your-accident-lawyer-92.shtml Editor Wed, 14 Jun 2017 10:00:23 -0400
Car Accidents Involving Zipcar and Other Ride Sharing Services Lots of people in the United States are beginning to hear more and more about rideshare services such as Zipcar and Car2Go, but what many are not aware of is how they are exposed to heavy financial liability if they are involved in a major car accident. The company is appealing to investors in the business world, thanks in part to the fact that members of these rideshare companies are afforded such minimal insurance coverage should they be involved in a collision.

Most states – at least those that require anyone operating a motor vehicle to carry car insurance – set minimums for the amount of financial responsibility a driver is required to carry with them. Unfortunately, those with minimum coverage are exposed to the possibility that a car accident could cause more damage than the limit of the insurance policy, leaving them subject to pay for the difference.

Often enough, Seattle car accident attorneys who represent injured victims may treat the insurance policy limit as all the recoverable compensation that is available in pursuing a lawsuit. But at the end of the day, a driver can still be held financially responsible for the difference between the insurance coverage limit and the overall value of the damages that resulted from an accident.

This is precisely why drivers are cautioned about using ridesharing services such as Zipcar and Car2Go. The reason these companies are so profitable is because they keep their costs down, which in the case of a ride-sharing service, can only be through insurance costs.

Unfortunately, skimping out on insurance coverage – a New York Times article says Zipcar provides $300,000 in liability insurance coverage per incident – does a bit of a disservice to members, should they be involved in a serious car accident involving Zipcar. And according to the New York Times article, some of the company’s competitors offer even lower insurance coverage.

So what should members of some of these ridesharing do in order to protect themselves from financial disaster if the insurance policy doesn’t cover all of the damages? Since federal law protects the actual rental car companies from liability should they be named in a lawsuit, experts say the best option is just to buy your own additional coverage.

For those who don’t own a car but are regular customers with rideshare companies like Zipcar, a non-owner’s auto policy is probably the best way to go. Policies for this type of coverage stand at around $200 on average for an additional $500,000 in liability coverage on top of whatever the rideshare service offers. Non-owners auto insurance policies are significantly cheaper than a typical car insurance policy because it is designed for someone who doesn’t drive very often.

According to Zipcar, 93 percent of all accidents since the company started have resulted in claims lower than $10,000 and 99.3 percent have been less than $50,000. This is a shocking statistic, because it means that nearly every single accident has been well within the range of insurance coverage.

Rideshare drivers use these services because it’s an alternative to owning a vehicle; typically, the drivers don’t require a vehicle often enough to justify buying one, but every once in a while they benefit from an easy-to-rent Zipcar. The problem with this is that a majority of all Zipcar drivers are not regular drivers, and therefore their driving skills may not be as refined as someone who drives on a daily basis. This, in addition to a number of other factors, suggests that it’s only a matter of time before we start seeing more serious car accidents involving Zipcars and other ridesharing services.

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Guide http://www.attorney4injury.com/guide/car-accidents-involving-zipcar-and-other-ride-sharing-services-91.shtml http://www.attorney4injury.com/guide/car-accidents-involving-zipcar-and-other-ride-sharing-services-91.shtml Editor Fri, 02 Jun 2017 23:13:07 -0400
Car Seats: Study Says Children are At-Risk The term “ignorance is bliss” is applicable in some instances of our everyday lives, but it certainly is not applicable when it comes to car seats and child safety. Parents in the United States, however, have apparently been mixing ignorance with children’s car seats as a new study shows that many parents are either ignoring or unaware of the child safety guidelines for car seats in motor vehicles.

Car Seats Vital to Child Safety

According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death in children over three years of age in the United States. The CDC says these crashes also cause 179,000 total child injuries annually.

Statistically speaking, ignorance and lack of knowledge when it comes to car seats for children can be a deadly combination. The CDC also says that child safety seats reduce the risk of death for infants by 71 percent when they are properly utilized. For toddlers – children between the ages of one and four – the risk is reduced by 54 percent.

“Car seats are one of the most important safeguards for children in the event of a motor vehicle accident,” says car accident attorney Chris Davis of the Davis Law Group in Seattle. “Installing and utilizing them incorrectly completely defeats the purpose they are meant to serve.”

But according to a study recently published in the August 8 issue of the American Journal of Preventive Medicine shows that many parents are putting their kids at serious risk of injury and death by not properly installing and using car seats.

Study Shows Trends of Misuse

The researchers, who reviewed three years worth of data involving approximately 21,500 total children, found that most children are not safely secured in their car seats or booster seats. To generalize the results, the child’s overall level of safety decreased significantly as age increased. Children were also more likely to sit in the front seat unrestrained, despite the warnings issued recently from the American Academy of Pediatrics (AAP).

According to the AAP, infants and toddlers under the age of two should always use a rear-facing car seat until they exceed that age or exceed the seat’s height or weight recommendations. Children who are too big for a rear-facing seat should use a belt-positioning booster seat until a normal seat belt fits properly – typically between the ages of 8 and 12.

Furthermore, the AAP says that when a seat belt begins to fit more appropriately, children should use seatbelts in the back seat of the car until they reach the age of 13. Then, the organization says, it is more appropriate for children to be in the front seat of a vehicle.

“The most important finding from this study is that, while age and racial disparities exist, overall few children are using the restraints recommended for their age group, and many children over five are sitting in the front seat,” says Dr. Michelle Macy, one of the study’s authors. “Our findings demonstrate that not all children have been reached equally by community-based public education campaigns and the passage of child safety seat laws in 48 states. Further development and dissemination of culturally specific programs that have demonstrated success in promoting restraint use among minority children are necessary.”

Interestingly enough, the study also found that an adult driver who did not wear a seat belt was 23 times more likely to have a child who was unrestrained in a car seat, indicating that parents’ own car safety habits can be correlated to car seats and the safety of their own children.

Washington State Child Injury Attorneys

If your child has been injured in a car accident, you may be entitled to financial compensation for injuries and medical bills. It can sometimes be beneficial to consult with an experienced personal injury lawyer before settling your claim on your own to determine if legal representation is in your best interests. Most attorneys offer free consultations, so there is usually no obligation to speaking with a lawyer.

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Guide http://www.attorney4injury.com/guide/car-seats-study-says-children-are-at-risk-90.shtml http://www.attorney4injury.com/guide/car-seats-study-says-children-are-at-risk-90.shtml Editor Fri, 02 Jun 2017 23:12:30 -0400
McQuarrie Hunter - Auto Injuries and the ICBC An injury as a result of a car accident can be devastating, and even when the injury is not life-changing in terms of creating a permanent impairment or producing chronic pain, the ongoing psychological injuries can be very difficult to manage moving forward. In British Columbia, accident victims can receive compensation for their injuries through the Insurance Corporation of British Columbia (ICBC). However, it may be the case that the compensation offered by the ICBC is not adequate or must be challenged through legal means. For that reason, if you are injured in a car accident in BC, be sure to immediately contact the expert team at http://www.mcquarrie.com/ to be sure that your rights to compensation are protected.

What is the ICBC?

The ICBC is a provincial auto insurance scheme that is required to support accident claims regardless of the fault of the victim. This means that even if you were at fault in causing the accident, you are still entitled to compensation for medical expenses and rehabilitation costs. If you were not at fault, you will also receive medical compensation and potentially a settlement from the other driver.

What sorts of benefits am I entitled to?

If you are injured in a car accident caused by another driver, you may be entitled to settlement payments that include things like medical expenses beyond the basic accident coverage, lost wages, and also an amount for pain and suffering. If you are the victim of a hit and run accident, you may be eligible for up to $200,000.

Why do I need a lawyer?

Because the ICBC is a no-fault system, you will receive compensation for injuries whether you caused the accident or it was caused by someone else. However, certain forms of compensation, for example amounts for pain and suffering and lost wages, are only available if you were injured in an accident caused by another person. For this reason, you may need legal assistance to help determine the liability of the other person – especially if the other person is disputing their responsibility, it will become necessary to investigate the circumstances of the accident and make the demonstration of fault on the part of the other driver.

A lawyer’s assistance may also be required to accurately determine the impact that the injuries may have on your ability to earn income immediately after the accident and moving forward. This is not necessarily straight-forward. Similarly, your lawyer can advocate for you in setting compensation appropriate to the level of pain and suffering that you have endured and may continue to endure as a result of the accident. A lawyer can work with medical professionals and other experts to secure a fair settlement from ICBC.

For these reasons, even though the ICBC will provide compensation to all accident victims, your ability to obtain additional compensation for the injuries suffered in accidents caused by other people – perhaps through negligence, driving under the influence, or reckless behavior – cannot be taken for granted. Be sure to contact a lawyer as soon as possible after an injury so that your rights can be fully protected.

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Guide http://www.attorney4injury.com/guide/mcquarrie-hunter-auto-injuries-and-the-icbc-89.shtml http://www.attorney4injury.com/guide/mcquarrie-hunter-auto-injuries-and-the-icbc-89.shtml Editor Fri, 24 Mar 2017 23:12:19 -0400
Three Ways Technology Is Being Used to Streamline Legal and Claim Proceedings Cell phones and mobile device technology. While it can be easy to dismiss these as gadgets used solely for posting pictures online to share with all of your friends and looking for discounts on the Groupon Coupons page for Children's Place, technologies such as these are playing a huge part in how legal proceedings occur.

The perfect example is a car accident where both drivers are adamant that they were not the party at fault. These types of claims can often bog down the court system as multiple parties continue to argue their innocence.

Traditionally, this came down to a police officer attending the site and providing their decision. However, technology now allows for a much more thorough decision with these three technologies.

Apps

Firstly, many insurance companies provide mobile apps which allow drivers to lodge claims using the cell phone. However, these apps also include the ability to not only take photos to attach to the claim, but also includes instructions and examples of the types of pictures to take to allow a thorough assessment.

This can be a difficult position for insurance companies in the event that they deny a claim. If the reason used relates to pictures taken using the claim service, it can easy for the driver to claim bias as they would have taken photos as directed.

Cameras

Secondly are dashcams. You usually see the video footage online when somebody is broadcasting a crime. However, the inclusion of such objects in modern cars and easily upgrades older models means an additional piece of evidence. Dashcams have provided closure for countless amounts of legal cases involving car accidents as they provide unbiased coverage of the event.

Onboard Diagnostics

Most electric cars include onboard computers to operate assisted driving features. These computers are also recording every single engine and driver detail in real time and storing this information. In the event of an accident, this information can be exported from a vehicle’s onboard computer and used to provide evidence of a vehicle's exact placement on the road along with the steps the driver took during the accident.

While it can seem insignificant, used separate or combined, these three technologies are having a tremendous impact on legal proceedings, including instances of insurance fraud. If you are studying law or are looking for alternative methods to seek evidence, consider the technological items present at the scene and use them to your advantage.

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Guide http://www.attorney4injury.com/guide/three-ways-technology-is-being-used-to-streamline-legal-and-claim-proceedings-88.shtml http://www.attorney4injury.com/guide/three-ways-technology-is-being-used-to-streamline-legal-and-claim-proceedings-88.shtml Editor Sat, 25 Feb 2017 01:15:49 -0500
Top 5 Responsibilities of a Personal Injury Attorney

Image Credit: Pixabay

Going through a personal injury situation is always a hard time for individuals and their families. Whether you were injured at work, in a car accident or involved in some other type of incident that resulted in the injury, you may be owed compensation. And if you live in the Illinois area, you may want to consult with a Rockford personal injury attorney as soon as possible. They can really guide you in the right direction when it comes to negotiating settlements or going to court to seek compensation. But what does a personal injury attorney do? We can take a look.

  1. Follow the Client’s Wishes

A personal injury attorney is an extension of their client. An attorney is not permitted to put their own desires or feelings into a case – they are only meant to act in the way their client deems acceptable. It is why so many attorneys are passed over by clients, because they do not act in a manner approved by the client.

  1. Negotiate with the Other Party

As is the case with most personal injury cases, there are negotiations to determine whether one party is going to provide compensation to the other. And it is up to the personal injury attorney to make sure they are properly handling the negotiations for their client. And they must talk with their client about the financial amounts that would be deemed acceptable during a negotiation, or what amounts are too low to consider. By properly discussing the matter with the client, and preparing ahead of a negotiation, a good attorney can get the job done during those meetings.

  1. Fight in Court, If Necessary

Unfortunately, not all cases are easily resolved during the negotiation part of the process. Some clients want as much money as they can get, or the other party is not willing to budge on their extremely low settlement valuation because they believe their case is rock solid. In these situations, it is time to go to court, where both parties will present their arguments and a judge will make a final determination on how the matter is closed. Your attorney must prepare arguments for the trial and ensure that you are prepared for questioning and cross-examinations, if you choose to go on the stand to talk about your side of the incident that caused the personal injury.

  1. Get the Full Story

Even before any of the negotiations or the court case can begin, a personal injury attorney must calmly talk with their client about what happened. They must spend some time getting a full picture of the incident, so they are able to successfully assist their client going forward.

  1. Figure Out Who to Sue

After hearing the full story and taking some time to go over the case facts, the personal injury attorney must make a determination about what party you are going to sue in court. The specific party you are suing will depend on your case and the circumstances surrounding how you got injured.

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Guide http://www.attorney4injury.com/guide/top-5-responsibilities-of-a-personal-injury-attorney-87.shtml http://www.attorney4injury.com/guide/top-5-responsibilities-of-a-personal-injury-attorney-87.shtml Editor Sat, 25 Feb 2017 01:04:15 -0500