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Nursing Home Wrongful Death Cases in Birmingham

Nursing Home Wrongful Death Cases in Birmingham Choosing when to move a family member to a nursing home can be a tough decision. You assume that your loved ones will be well taken care of and treated with respect. Sadly, nursing home abuse is a problem plaguing facilities all across the country. Sometimes that abuse or neglect can lead to a resident’s death. In these situations, your family might have the right to bring a nursing home wrongful death claim in Alabama. If you suspect abuse at the facility caused your family member’s death, contact a Birmingham nursing home abuse lawyer. How to Know Whether You Have a Wrongful Death Case? A wrongful death claim can arise when someone’s negligence, reckless behavior, or intentional acts cause another person to die. Nursing home abuse and neglect can cause a person’s health to deteriorate quickly. If you can prove the nursing home caused your loved one’s death, you might qualify to present a wrongful death claim. Under Alabama law, only the personal representative for the deceased’s estate can bring a nursing home wrongful death claim. A wrongful death claim exists only if the deceased would have had the legal right to pursue their damages had they not passed away. One example is when a resident has bedsores that go untreated. Bedsores can be very painful and become infected. If the infection is too great, they could die. If the person had lived, they could’ve brought a claim against the facility for their injuries. Alabama’s wrongful death claims are very different from other states. One of the main differences to note is that you can pursue only punitive damages in your complaint. Punitive damages are meant to punish the responsible party for their actions and set an example to deter others from acting similarly. While other states look at surviving family members’ damages, Alabama values nursing home wrongful death cases based on the responsible party’s actions.  Nursing Home Wrongful Death Causes There are four main types of nursing home abuse. These are physical, emotional, sexual, and financial. Physical abuse could include battery, neglecting to move immobile residents, or improper use of restraints. With emotional abuse, residents are yelled at, threatened, degraded, etc. No one wants to imagine sexual abuse as being a problem in nursing homes, but it is. Sexual abuse can be perpetrated by caretakers, other residents, or visitors to the facility. Lastly, financial abuse can involve a caretaker coercing a resident to transfer money, change their estate documents, and more. Watching for signs of abuse can help you identify problems before they become life-threatening. Look for physical injuries, radical emotional and behavioral changes, and missing money or personal items. Contact Our Wrongful Death and Nursing Home Abuse Lawyer If your family member passed away due to a nursing home’s negligence, you need a skilled Birmingham wrongful death and nursing home abuse lawyer on your side. At Fob James Law Firm, we know all the federal and state laws governing nursing homes in Alabama. We have years of experience trying wrongful death and elder law matters. Contact our office today to schedule a free, no-obligation consultation. Nursing home wrongful death cases are complicated. Let us put our experience to work for you and help you hold the negligent nursing home responsible for your family member’s death.

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PRESS RELEASE – Fob James Law Firm Files Lawsuit Against A Former Dothan Financial Advisor And Other Conspirators For Allegedly Stealing Millions of Dollars From Clients’ Retirement Accounts.

BIRMINGHAM, Alabama – Fob James Law Firm today announced the filing of a lawsuit to recover the life savings of 6 retirees in Dothan, Alabama and the Florida Panhandle lost due to financial industry fraud. The lawsuit, filed in the Circuit Court of Houston County Alabama, alleges that former financial advisor Blake Daughtry of Dothan, Alabama and other conspirators forged signatures, opened fraudulent accounts, transferred retirement savings into sham entities, and stole millions of dollars of clients’ retirement savings. The lawsuit also alleges breach of fiduciary duties and negligence on the part of two financial institutions, Kestra Investment Services, LLC of Austin, Texas and Equity Trust Company of Westlake, Ohio. Daughtry, who was barred from the financial industry by the regulatory agency FINRA in March 2020, is a former Kestra registered representative. In addition to Blake Daughtry, Kestra Investment Services, LLC, and Equity Trust Company, the lawsuit also names as defendants Graysail Advisors, LLC of Jacksonville, Florida; Small World Capital, LLC of Jacksonville, Florida; The Daughtry Group of Dothan, Alabama; Jared Eakes of unknown parts; and David Smalls of Jacksonville, Florida. Fob James, IV, counsel for Plaintiffs, said, “my clients are hardworking men and women. The money they saved for retirement was earned from their conscientious labor over decades. From the evidence so far—it looks like my clients were repeatedly lied to, their signatures forged, their retirement savings stolen, and the broker-dealers and financial institutions involved failed to stop it or warn my clients. I am reaching out to anyone who knows any facts on what went down with Blake Daughtry, Kestra, or any of the other defendants to contact me so I can help my clients get their retirement savings back.” Fob James, IV can be reached at the Fob James Law Firm in Birmingham, Alabama: 205-407-6009.

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What Are Motorcycle Laws in Birmingham?

Motorcycles can be fun and exciting and a great alternative to a regular vehicle. However, motorcycles can also pose great danger. Before getting on the road, you should become familiar with the motorcycle laws in Alabama. Motorcycle Accident Statistics Motorcycles are smaller than cars, can be less visible to other drivers, and require more skills to maneuver. For these and many other reasons, motorcycle accidents are very common. According to the Insurance Institute for Highway Safety (IIHS), 4,985 motorcyclists were killed in crashes in 2018. In 2016, deaths resulting from motorcycle accidents accounted for 14% of total highway crash deaths, reaching 5,337. This represents the highest number of motorcycle fatalities since data collection began in 1975. Helmets are crucial when riding motorcycles and can even be lifesaving. According to the National Highway Traffic Safety Administration (NHTSA), helmets saved 1,872 lives in 2017. If all motorcyclists wore helmets, 749 more lives could have been saved that year.  Alabama Motorcycle Laws There are various categories of laws in Alabama pertaining to motorcycles. They are as follows.  License Laws For many years, Alabama was the only state that did not require any special license to operate a motorcycle. In recent years, this has changed. To drive a motorcycle in Alabama, you must pass a written exam or complete a motorcycle safety course. You must also possess a driver license with a class M endorsement.  Helmet Laws If you are operating a motorcycle in Alabama, you are legally required to wear a helmet, no matter your age. The helmet must also meet specific safety standards. Your motorcycle helmet should: Have a hard, non-shatterable exterior; Have a shock-absorbent cradle to support the head;  Have substantially thick, impact-resistant padding; and Have a chin strap to hold it in place. Helmets do not need to have a visor, but if they do, they must be flexible or snap-on. Passenger Laws Safety is just as crucial for motorcycle passengers. In Alabama, passengers must: Wear a helmet, Have a separate seat and footrest; and Be able to hold on. There is no minimum age for motorcycle passengers. Passengers are required only to abide by passenger laws. Lane Sharing Laws Motorcyclist lane sharing is allowed in Alabama, but no more than two motorcycles can share a lane side by side. Lane splitting—when a motorcyclist rides between cars—is illegal in Alabama.  Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here What to Do After You Are Injured in an Accident and Not at Fault If you are involved in an accident, there are certain steps you should take. These steps include: Calling 911 right away; Seeking medical attention if needed; and Collecting information from the scene of the accident, including the other driver’s information. After reporting the accident to your insurance company, it is imperative you call an attorney. Many times, after an accident involving a motorcycle, it is assumed that the motorcycle driver was driving recklessly. If you are not at fault, your attorney will be able to review your case and conduct an investigation to prove fault. Contacting an Alabama Personal Injury Attorney After following the appropriate steps, you should contact an Alabama personal injury attorney as soon as possible. An experienced attorney will review your case and give you the best legal advice. Fob James Law Firm has over 40 years of experience advocating for clients. We take fewer cases to provide our clients with the highest quality care and service. You can always expect attention and compassion while we work toward obtaining a just settlement. Contact us today, and let’s see how we can help you. 

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Attorney Portrait Auto Accidents

How to File a Diminished Value Claim in Alabama

It’s no secret your car loses value the longer you drive it. Unfortunately, after a car accident, your vehicle will be worth even less than usual. If your vehicle sustained damages after a collision, you may be able to file a diminished value claim to recover compensation. What Is a Diminished Value Claim in Alabama? A diminished value claim allows you to collect damages for your vehicle if it was damaged and its value has decreased. There are three types of diminished value: Immediate: the difference in your vehicle’s value before the accident and after the repairs; Inherent: the most common type, pertaining to the loss of value simply due to the collision; and Repair-related: the value lost from poor repair work following a car accident. When it comes time to trade in or sell your vehicle, it is likely to be challenging. Nowadays, it’s impossible to hide a car’s previous history. Your auto accident will undoubtedly be revealed, along with the repairs, and the vehicle will be worth much less. Even if the car is perfectly repaired and looks like new, the fact that it was involved in a collision remains.  How to File a Diminished Value Claim in Alabama Alabama is one of few states that allow drivers to file diminished value claims. The statute of limitations for diminished value claims in Alabama is six years from the date of the accident. Diminished value claims are brought against the at-fault driver or their insurance company. You may file a diminished value claim in Alabama unless: You were at fault for the accident; The damage was due to something other than the auto collision; or You are an uninsured motorist.  An attorney can help you file your diminished value claim. They will contact the at-fault party and their insurance company, as well as calculate your vehicle’s value. Your attorney may consult with outside parties to accurately calculate the diminished value. After the at-fault party’s insurance company reviews your diminished value claim, they will either deny the claim or offer a low settlement. In either situation, your attorney can communicate back and forth with the insurance company to reach a favorable outcome. How to Prove Diminished Value Proving the diminished value of your vehicle can be challenging. You can consult various resources to try to come up with a calculation, but every situation is different. Many factors go into proving diminished value, including: The accident itself; The damage your vehicle sustained; How old the car is; The make and model; and The current market. It is best to consult with an attorney to help prove the diminished value of your vehicle.  Contact an Alabama Car Accident Attorney Navigating a diminished value claim on your own can be quite the task. There is plenty that goes into these claims, but an Alabama car accident lawyer will know best how to handle it. They can help calculate the value of your diminished value claim and communicate with the insurance company to help reach just compensation. The Fob James Law Firm has over 40 years of experience helping clients after auto collisions. We have the knowledge and expertise to help you attain a favorable outcome. Contact us today, and let’s discuss your case. 

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Harbor Freight Jack Stand Litigation

Have You Been Injured by a Defective Harbor Freight Tools / Pittsburgh Automotive Jack Stand? The National Highway Traffic Safety Administration (“NHTSA”) released a consumer advisory warning related to Harbor Freight Tools’ recall of more than 1.7 million defective 3-ton and 6-ton heavy-duty steel jack stands. These so-called heavy-duty jack stands, which were sold under Harbor Freight Tools’ “Pittsburgh Automotive” brand, are unsafe to consumers as they are prone to collapse under normal loads. As a result, numerous injuries have been reported and consumers have been asked to immediately discontinue use. Harbor Freight Tools has a history of selling low quality and dangerous products, and its jack stands are no exception. Fob James Law Firm is currently handling a case where a Harbor Freight Tools’ tire spoon broke in half while the user was changing a tire causing serious injuries. A user on Reddit posted photos reflecting how shoddy the jack stands are—unbelievably, thin and narrow metal rivets are the only thing holding up the full weight of the vehicle. Due to Harbor Freight Tools’ negligence in manufacturing and selling these defective jack stands, numerous persons have been seriously injured from vehicles collapsing on them. Harbor Freight Tools’ recall is too little too late. Frankly, Harbor Freight Tools should have never sold these defective jack stands in the first place.  Fob James Law Firm is accepting cases involving defective Harbor Freight Tools’ products, including tire irons, tire spoons, jack stands, and other defective products. If you have been injured by a defective jack stand, contact a Birmingham defective product attorney at Fob James Law Firm. We are available to review your case at no charge to you. If we take your case, we do it on contingency which means we do not collect a fee unless we win your case.

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How to Determine Fault in a Car Accident in Birmingham

After a car accident, you may experience many worries and have plenty to do. Unless it’s obvious, one of the most important things you are left to do is determine who was at fault in the accident. You’ll seek medical treatment, deal with the insurance companies, and possibly face various expenses. Determining who is at fault in a car accident can make all the difference in your case. How Is Fault Determined in a Car Accident? It is not always evident who is the at-fault party in a car accident. It may require an investigation to determine who was truly at fault. At the scene of the accident, police officers will make their preliminary investigation to determine the primary collision factor. They will then use all information collected for their police report. Aside from the police report, your attorney can use various tools to help determine fault. These include: Photos and evidence from the scene of the accident; Surveillance camera footage; and Eyewitness statements Determining who is at fault is crucial when filing a claim and attempting to receive compensation for your injuries.  Can You Share Fault in an Accident? Yes, you can share fault in an accident. Alabama operates under a contributory negligence standard. This means that if a party is at fault—even if they slightly contributed to the accident—they cannot claim damages.   For example, if you hit a pedestrian crossing the street, you may initially be deemed the at-fault party. But if the pedestrian was distracted on their phone while attempting to cross the street and did not have the right of way, they would be assigned contributory negligence. Therefore, you would not have to pay damages. After a car accident, the other party may claim a shared fault to avoid paying damages. An attorney can help you with this.  Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here What Is Minor Fault? Insurance companies will go to great lengths to avoid paying an injured party. Many times they will try to assign minor fault. As previously stated, because Alabama is a contributory negligence state, even the slightest contribution to the accident could mean zero compensation. If this occurs, you must contact a car accident attorney. An experienced attorney will know how to handle your case best and fight against the insurance company. Contact an Alabama Car Accident Attorney After a car accident, an attorney is your best ally. Determining fault can be challenging and involved, but an experienced car accident attorney knows how to handle this material aspect of your case.  Fob James Law Firm has over 40 years of experience, offering clients the absolute best service. We are dedicated to helping clients injured in car accidents obtain just compensation and the best possible outcomes. Contact us today, and let’s see how we can help you.

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Is Alabama a No-Fault State?

Every state operates under a “fault” or “no-fault” system. The main differences between fault and no-fault are whether victims have the right to sue and who is responsible for damages after a car accident. It is essential to understand what fault and no-fault mean when dealing with car insurance and auto collisions. What Is No-Fault? No-fault means that, after an accident, victims do not have to prove fault to recover damages. Compensation for injured parties usually comes from their own personal injury protection (PIP) insurance. In no-fault states, victims can sue at-fault drivers only if the policy limits do not provide enough compensation or they have sustained severe injuries.  Alabama Is a Fault State Alabama follows a fault-based compensation system. This means that, after a car accident, the person who caused the accident is responsible for compensating the injured party.  Drivers in fault states have more options to receive compensation for their injuries after an accident. If you suffered injuries in a car accident, you can: File a claim with your own insurance company; File a claim with the other driver’s insurance provider; or File a personal injury claim against the other driver. Many factors play a part in determining the best course of action for your case. An Alabama car accident attorney can review your case and discuss options, depending on the circumstances. Alabama Auto Insurance Laws Alabama has a mandatory liability insurance law that requires drivers to have liability insurance to operate a vehicle. Liability insurance must meet minimum requirements, including: Bodily injury coverage of $25,000 per person and up to $50,000 per accident; and Property damage coverage of $25,000 per accident. While this is only the minimum insurance required, you should consider higher limits to protect yourself further. Uninsured/Underinsured Motorist Insurance Aside from the minimum liability insurance, you may also opt to purchase uninsured/underinsured motorist insurance. This insurance provides an injured driver with compensation after an accident if the at-fault driver doesn’t have enough, or any, insurance.  Driving Without Insurance If you violate the mandatory liability insurance law and fail to carry the minimum liability insurance, you may face repercussions. If you are caught driving without insurance, you may have to pay a fine of at least $500 for the first offense. Subsequent offenses can result in $1,000 fines and suspension of your driver license for up to six months.  Contact An Alabama Car Accident Attorney After a car accident, it is helpful to contact an attorney as soon as possible. An experienced car accident attorney will assess your situation and offer valuable legal advice with a goal of maximum compensation.  Fob James Law Firm has over 40 years of experience advocating for injured victims. We offer the highest quality service while fighting for just compensation. Contact us today, and let’s discuss your case. 

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How Much Can You Sue for in a Birmingham Wrongful Death Case?

If you’ve lost a family member as the result of someone else’s wrongful act or negligence, you may be entitled to file a wrongful death case. Under Alabama law, the decedent’s personal representative can file a wrongful death case if the decedent could have filed a personal injury suit had he or she survived. If you are considering filing a Birmingham wrongful death case, you should consult a personal injury attorney. If you have a wrongful death claim, our personal injury attorneys at the Fob James Law Firm will fight to get you the compensation you deserve. Who Can File a Wrongful Death Case in AL? In Alabama, only the personal representative of the decedent’s estate can bring a wrongful death claim. This rule is different from many other states, which allow close family members of the decedent to file a wrongful death case. If the decedent died with a will, the will names the personal representative. However, if the decedent died without a will, then the court appoints the personal representative. Additionally, the personal representative must bring the case within two years of the decedent’s death. What Types of Damages Can You Receive in an AL Wrongful Death Case? Alabama wrongful death law is not as favorable to people seeking to file a wrongful death claim as in other states. In Alabama, the decedent’s personal representative can sue only for punitive damages, not compensatory damages. Further, punitive damages are capped at a maximum of $1,500,000.  Although this may seem like a large sum of money, punitive damages do not include compensation for things such as: Medical expenses,  Lost wages, Pain and suffering, and  Loss of consortium. Not frequently given in personal injury lawsuits, courts award punitive damages to punish the defendant and deter others from engaging in similar conduct. Who Receives Damages in AL Wrongful Death Cases? The decedent’s heirs receive damages awards in Alabama wrongful death cases. The personal representative does not directly receive damages. Alabama’s intestacy laws determine the identity of the decedent’s heirs. Depending on who survives the decedent, the heirs are usually a spouse, children, grandchildren, or parents. The heirs could be different than those named in the decedent’s will because it may not have named all heirs. However, it is possible that the personal representative is also an heir and will receive damages. How Can a Personal Injury Attorney Help Me? If you’ve lost a family member as the result of an accident, you should contact our Birmingham personal injury attorneys at the Fob James Law Firm. Our aggressive attorneys can help you file a wrongful death claim and will strive to get you the compensation you’re entitled to. Our attorneys are dedicated to representing others who have suffered a loss resulting from someone else’s negligence or wrongful act. With more than 40 years of experience, we will give your case the attention it deserves. Contact us today to schedule your free consultation.

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Filing a Lawsuit Against a Hospital in Birmingham

Filing a lawsuit against a hospital falls under the category of medical malpractice law. If you’ve suffered injuries as the result of a hospital’s negligence, you might be entitled to compensation. Suing a hospital for negligence requires lawyers to ensure that your claim satisfies four elements and can be filed on time. It is important to understand that most of the time you cannot sue a hospital for a doctor’s negligence because doctors are usually independent contractors. You must prove that the hospital itself was negligent to file a lawsuit against it. Lawyers must also consider whether you were partially at fault for causing your injury. In Alabama, partial fault completely bars you from recovering damages. To begin the process of filing a lawsuit against a hospital in Birmingham, you should contact our personal injury attorneys at the Fob James Law Firm today. Proving a Medical Malpractice Claim You must prove four elements to have a successful medical malpractice claim in Alabama. Speaking with a lawyer can help you determine whether you have a medical malpractice claim against a hospital. Standard of Care In medical malpractice cases, hospitals must adhere to the standard of care. The standard of care is the generally accepted manner of treating similarly situated patients in the same geographic area with the same condition. Dereliction Dereliction occurs when the hospital’s actions deviate from the standard of care. Direct Cause Direct cause means that the hospital’s deviation from the standard of care must directly cause your injury. Damages Finally, you must show that you suffered damages to prove a successful medical malpractice claim. Damages can be in the form of physical, emotional, and economic harm. Filing Your Case on Time Statutes of limitations govern the time frame for filing lawsuits. If you fail to file your lawsuit within the applicable statute of limitations, you cannot file your case. In Alabama medical malpractice cases, the statute of limitations is generally two years. As a result, you must file your case within two years of the date of the medical procedure that caused your injury. If you did not and could not have reasonably discovered your injury within the two-year period, you have six months from the date you discovered it to file your case. However, you must file a medical malpractice lawsuit within four years of the date of the underlying medical procedure, regardless of when you discovered your injury. Speak with a Birmingham personal injury attorney today to find out the applicable statute of limitations governing your potential case. Why You Should Contact a Birmingham Personal Injury Lawyer If you’ve suffered an injury as the result of a hospital’s negligence, you should contact a personal injury lawyer as soon as possible. Hiring a lawyer eases the burden of navigating the medical malpractice claims process, allowing you to focus on your recovery. Additionally, a lawyer increases your chances of winning your lawsuit and receiving damages. Damages in medical malpractice cases can include:  Lost wages,  Medical expenses,  Diminished earning capacity,  Pain and suffering, and  Loss of enjoyment of life. In cases where the hospital’s breach of the standard of care was extreme, you might receive punitive damages. Our aggressive Birmingham personal injury attorneys at the Fob James Law Firm are dedicated to representing people who have suffered an injury due to another’s negligence. We will use our big-firm resources combined with our small-firm culture to represent you in your lawsuit against a hospital. Contact us today to schedule your free consultation.

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10 Reasons Why a Birmingham Personal Injury Attorney Will Not Take Your Case

Lawyers consider many factors when deciding whether to take a potential case. However, not all people who suffer injuries in an accident can recover compensation. Sometimes, the facts of your case don’t support all the elements necessary for a successful personal injury claim. If you’re the victim of an accident, you should contact our Birmingham personal injury attorneys at the Fob James Law Firm today to find out whether we can help you. You Cannot Establish Clear Liability A lawyer won’t take your injury case if you cannot establish the four elements of negligence. To establish liability, you must prove that: Someone else owed you a duty of care, He or she breached their duty of care, Their breach caused your injuries, and You suffered damages as a result of the breach. These four elements apply to most types of personal injury cases. Your Injury Is Not Serious Enough To recover compensation, you need to prove you’ve suffered significant injuries. If you haven’t suffered substantial damages such as ongoing physical injuries or the inability to perform your job or enjoy your hobbies, a lawyer likely won’t take your case. You Were Partially at Fault for Causing the Accident Under Alabama law, you cannot recover any compensation if you were partially at fault for causing the accident. As a result, a lawyer won’t take your case if your negligence contributed to the cause of the accident. Other Lawyers Have Rejected Your Case If you’ve spoken with other lawyers and they have rejected your case, this raises red flags surrounding your case’s potential success. However, sometimes lawyers don’t take cases based on personality and fit rather than the potential for recovery. Injured in an accident? We can help with a free-case analysis Begin Free Case Review Here You and the Attorney’s Personalities Don’t Match If you and the lawyer’s personalities are not compatible, they may not take your case. An attorney may not feel like they are the right fit for you after speaking with you during the initial consultation. The Statute of Limitations Has Run The statute of limitations is a timeframe during which you must file your case. Alabama personal injury cases generally must be filed within two years of the date of the injury. A Birmingham personal injury attorney will not take your case if the statute of limitations has expired. The Defendant Does Not Have the Resources to Pay Your Claim In most injury cases, the defendant has insurance coverage which will be used to pay out your claim. However, a lawyer will not take your case if he or she believes that the defendant does not have the proper insurance or adequate resources to cover your claim. Your Case Is Too Costly Sometimes, the complexity of a personal injury case can make it too costly for a lawyer to take it. Law offices are businesses too, and if the lawyer can’t devote the necessary amount of time and money your case demands, he or she won’t take it. The Lawyer Does Not Have the Experience Necessary to Handle Your Case If the lawyer does not typically handle the type of personal injury claim involved in your case, they may reject it. Lawyers can educate themselves through research, but they may not have the time to do so. The Lawyer Has a Conflict of Interest If the lawyer has represented the defendant before, he or she won’t take your case. This involves a conflict of interest that violates lawyers’ ethical obligations. Our Birmingham personal injury attorneys at the Fob James Law Firm take fewer cases than most other personal injury firms. However, we do this so that we can focus on each of our client’s individual needs. To find out if we’re the right fit for you, contact us today to schedule your free consultation.

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