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Employers May be Financially Liable for Employees Criminal Acts

Written by Jon Remmel on . Posted in Blog

crime-featI do not practice criminal law.  Rather, 100% of my Las Vegas law practice is devoted to personal injury and wrongful death cases.  On occasion, I have been asked to consider whether an employer may be civilly liable for the criminal acts of its employee.  In some instances, the answer is yes!  While every case requires careful, individual consideration, what follows is a brief example of a personal injury wrongful death case against a Nevada employer who was held civilly liable for the criminal acts of its employee.

In December of 2009, a process server employee illegally brandished a firearm while serving legal documents on a former police officer.  The officer fled the scene unharmed.  Concerned for his safety, as well as the safety of others, he reported the incident to Las Vegas Metropolitan Police Department (Metro).  During Metro’s criminal investigation, detectives contacted the suspect’s employer and notified them of their pending investigation.  They asked to interview the suspect employee about the crime.  Unfortunately, he was unavailable at the time.  Notwithstanding Metro’s direct inquiry, the employer did nothing (or very little) to follow up with their employee about the incident, or further ensure that he was fit for employment as a process server.

Weeks later, in January of 2010, the same process server employee gained access to a Las Vegas residence under the guise of his employment.  Once inside, he inflicted unforgivable criminal acts against an unsuspecting family.  He murdered a husband and father.  He robbed the family of their limited possessions.  He shot the wife in the face, leaving her to die in a linen closet.

Not only did the wife survive this horrible incident, she later testified against the employee during his criminal trial.  This was one of the most courageous acts I have EVER witnessed.  I watched as this broken woman carefully took the stand and starred down the man who tried to end her life.  She visibly shook.  She pleaded.  She cried.  She screamed.  The suspect, free of any physical restraints, remained motionless.  He offered her nothing– not even an apology.  The jury later determined the employee defendant would pay for his criminal acts with his own life.

During the criminal proceedings, the employer also took the stand.  Of interest, they described its soon-to-be convicted process server as a “star employee.”

Remmel Law Firm was retained by the surviving family members to pursue a personal injury wrongful death claim against the process server’s employer.  After years of litigation and, in light of the evidence that the employer had actual notice that its employee was unfit for employment, the matter settled for $1 Million Dollars.  While this settlement does nothing to replace a husband and father, or repair the deep emotional scars of the surviving family members, it is an important concept of justice that may be worth pursuing.

If you have suffered injuries, harms, or losses as the result of a criminal act, please contact Remmel Law Firm at (702) 522-7707 for free consultation.

 

 

Personal Injury Loans

Written by Jon Remmel on . Posted in Blog

From time to time, a client will ask whether they should apply for a personal injury loan.  My response, much to their displeasure, is often negative.  Trust me.  I can appreciate that my response may not be perceived as the best counsel someone can get after being rear-ended by a drunk driver and, consequently, falling behind in their financial responsibilities.  It is, however, my job to protect my client’s best interest.  Best interests are often found in long term solutions, not short term relief.

I have two primary concerns with personal injury loans.  My first concern is the interest rate.  “Remember, interest never sleeps or takes a holiday” (credit to Pres. Ezra T. Benson).  I have personally observed a small, $5,000 personal injury loan increase over time and become a $100,000 liability.  In that same matter, the personal injury loan company refused to reduce their balance once the case resolved.  My second concern, similar to the first, involves time.  Car accidents and other personal injury cases can, literally, take years to resolve.  It has been my observation that larger cases can take as much as 3 to 5 years before reaching a resolution.  Despite the wonderful results we have achieved over the years, the truth is, we cannot force an insurance company to settle your case before a jury renders its verdict.  If I cannot control when the case settles, I cannot control how long it will take to repay this ever growing financial obligation.  Consequently, my counsel is to avoid the additional financial burden to begin with.

Car accidents can have a very real financial impact on your life.  So, what are the alternatives?  Just like a person has to adjust to the physical limitations they might have endured from an accident, I think it is important for a client to also adjust the financial limitations they may endure until the law can seek to make them whole.  Indeed, the law provides a remedy for this loss, but it’s not speedy.  When applicable, car accident victims can seek compensation for lost wages, lost earning capacity, and lost household services.

If you have any questions about this post, or with a personal injury matter, please feel free to contact Remmel Law Firm for a free consultation at (702) 522-7707.

 

An Attitude of Gratitude

Written by Jon Remmel on . Posted in Blog

woman waitingThe question has been asked, “Have we not reason to be filled with gratitude, regardless of the circumstances in which we find ourselves?”  It is true that for the small majority, who truly find themselves drowning with life’s troubles, it can be a daunting task to place our gratitude before a hopeless, negative attitude.  Life certainly comes with its fair share of trials and from what I know, no one is exempt.  However, I have observed that those who choose to be thankful, regardless of their circumstances, have a far better chance of enjoying a full recovery once the storm clouds pass.  In some instances, this may include recovery from serious injuries, harms and losses.  In short, gratitude can be a remedy for the trials in which we face.  Think about it.  Gratitude can actually help you overcome you everyday trials.

Emma, our trusty full time paralegal, has suggested, “Don’t curse the road that got you where you are!”  There is wisdom in this.  We are all individually blessed.  If you look close enough, you will see that regardless of your present circumstances, you cannot number the blessings in your life.  I have certainly been blessed by a variety of associations throughout the years.  Specifically, I have been blessed by parents who cared about my character, friends who cared about my belonging, and associates who cared about my potential.  No one is alone.  Someone, seen or unseen, has touched your life for the better.  If you agree, please be willing to share.

Sharing your gratitude can literally take the sting out of life.  It just feels better.  I encourage everyone to try it during this busy holiday season.

All the best,

 

The Silver Lining of Jury Duty at Summer’s End

Written by Jon Remmel on . Posted in Blog

I have come to dread the end of Summer.  For a parent who, admittedly, enjoys spending unscheduled time with his kids, the last week of August serves as a stark reminder that, “[some] good things must come to an end.”  This summer has been filled with various highlights including a last minute weekend trip to Disneyland and spending valuable time with extended family.  Summer also entertained its fair share of disappointments, including endless days of Netflix movies (and similar brain draining activities), neighbor (singular) feuds, and a handful of actual bumps and bruises.  In order to get past the drama of it all, including the emotional toll daily living can impose, I try to look forward to unique opportunities that remind me, “the best is yet to [come].”

Consequently, I am committed to ending the summer of 2014 on a high note!  How?  As a juror.  Don’t laugh.  You see, I have been summoned to appear for jury duty in the Eighth Judicial District Court (Las Vegas) for the State of Nevada the last Friday before my kids go back to school.  I understand this isn’t everyone’s “cup of tea” and that jury duty imposes a palpable disruption to daily living.  Above all, the pay is crap ($18 per day!?!).  As a practicing trial lawyer, however, I cannot think of a better way to peak inside the juror’s mind than to participate in actual, meaningful jury deliberations.  It also provides me with an unique opportunity to show my gratitude, through service, for the freedoms we enjoy as citizens.

Talk about an opportunity!

Dreams aside, my chances of actually becoming a sworn juror are slim.  First off, I am an overweight, pasty kid with a law license who has an undying instinct to protect the feeble, yet determined David against the relentless wrath of any taunting Goliath.  So, if the case involves anything related to insurance bad faith, the at-fault party will not be “in good hands.”  It is also important to disclose that any bogus arguments of “degenerative conditions” and [unfounded] tales of “malingering” from the defense, will only fall upon deaf ears.  It may even result in punitive damages.  Second, provided I get paid to talk for a living, I just might chat my way off the cliff of opportunity during voir dire and find myself back in the office, behind my catalog mail order, mocha colored desk.

As we navigate life’s challenges, I hope each of us can learn to look for the good– even when it involves serious injuries caused by someone’s carelessness.  For some of you, this may involve learning to walk again, calculating simple arithmetic, or laughing in the absence of someone you love.  It’s hard and will certainly take time.  But it’s always worth it.  Life is not easy.  I suppose we learn more about life from it’s unexpected challenges than we do from riding the Matterhorn and eating overpriced Churros.  I also strongly believe that, somehow, it all ends well and each moment is worth enjoying regardless of our circumstances.  Cheers.

Frustrated with an Insurance Company about a Car Accident You Did Not Cause?

Written by Jon Remmel on . Posted in Blog, Uncategorized

justice statueAre you frustrated with an insurance company who keeps asking [stupid] questions about a car accident that you did not cause?  I get it.  I just returned from a two plus hour deposition taken by a defense lawyer who works for a popular insurance company.  For the most part, I don’t have any issues with opposing counsel.  She is well trained, quick on her feet, polite, and perfectly capable of defending her client.  That’s not my problem.  You see, this particular case involves a rear-end auto accident that occurred on the Interstate, near Las Vegas, Nevada.  My client was at a complete stop when the defendant driver failed to observe stopped traffic and smashed into the rear of my client’s vehicle.  The force of the collision caused my client significant injuries and totaled her vehicle.

To avoid unnecessary legal costs, and based on the facts of this particular case, I suggested that the parties stipulate to liability.  In short, I was asking the defendant driver to formally accept responsibility for causing the rear end collision.  The stipulation would allow the case to continue as to damages (i.e., injuries, harms and losses) only.  Stipulations are a tool whereby the issues in a case are simplified.  This results in saved costs and time.  The problem?  Opposing counsel will not stipulate to liability until after she gets an opportunity to depose my client and quiz her to death about the details of the collision and every day since.  Despite my frustration, I agree.  If defense counsel isn’t willing to stipulate, I have no choice.

During the deposition, it becomes clear why most of us are frustrated with insurance companies.  Like most depositions, defense counsel started with the basics:  Who are you?  Where are you from?  What do you do for a living?  Then things became a little more serious–  Where were you coming from before the collision occurred?  Where were you going to?  Had you spent any time drinking alcoholic beverages before the collision?  Do you wear eyeglasses?  Was anyone else in the car?  Do you smoke? Were you listening to music?  Were you distracted by anything inside or outside your car?  Counsel even went on to ask my client to produce a copy of her license during the deposition so she could read her driver’s license number, expiration date, and driving restriction into the record.  In most instances, these tactics are appropriate and, in some instances, expected.  However, when you consider what my client was doing at the time of the collision (i.e., safely and legally stopped in traffic on the interstate), it makes it difficult to understand why the insurance company (and their lawyers) want to waste everyone’s time and money by asking irrelevant, fault finding questions.

So why do insurance companies ask these types of questions when liability is undisputed?  Because, insurance companies want to create doubt– in you, your case, and the juror’s minds.  They want to nit pick every injured plaintiff until they fold or break under the pressure.  They want fault free drivers to feel bad about listening to music in their car, or believe they did something wrong because, milliseconds before the collision, they didn’t make some heroic maneuver to check their mirrors, activate turn signals, look over shoulders, and safely merge into a nearby lane.  In most instances, driver’s injured in a rear-end collision do not bear any legal blame.  Further, there is absolutely nothing wrong with listening to music (though counsel may not appreciate your taste), or coming to safe, complete stop on the interstate when heavy traffic has slowed everyone down.  There is, however, a very real problem when a driver fails to pay attention, slams into the back of a parked car at interstate speeds and tries to shift the blame.

Even the simplest of cases can become frustrating.  Don’t let it consume your life.  Consult with a qualified trial lawyer for help.  Consultations at our office are always free and we are happy to help.  If, as a community, we allow negligent drivers to avoid accountability, we are only harming ourselves.  I believe our community expects more out of at-fault drivers and insurance companies.  I know they expect more out of jurors.  If you are frustrated and need help, or if you simply have questions, please contact my office for a free consultation at (702) 522-7707.

cop car

The New Las Vegas Law and What it Means for Your Car Accident

Written by Jon Remmel on . Posted in Blog

Between high levels of traffic and drivers unfamiliar with the area, Las Vegas has a high rate of traffic accidents. They’re so frequent, in fact, that the Las Vegas police department has taken on a new policy to mitigate the work-load. What it amounts to is that officers will no longer be required to respond ton non-injury accidents. What this means is that if you’ve been in a minor incident, it will be your responsibility to collect all the necessary information and file a police report. In this article, we’ll take a look at why this new policy was put in place and what you can do to make your eventual accident claim process as smooth as possible.

Las Vegas Car Accident Policy

With the gradually increasing number of traffic fatalities int he Las Vegas valley, the Las Vegas Metropolitan Police Department (LVMPD) has found the need to shift focus and spend more time and resources on accidents that lead to injuries and death. The LVMPD cites several circumstances in which they will still respond. In addition to injuries and fatalities, police will follow up on your call if the other driver is under the influence of drugs or alcohol, there’s been a hit and run, the other driver refuses to cooperate, or a disabled vehicle remains in the roadway.

What You Need to Do if You’re Involved in an Accident
You should still call 911 in the case of an accident. The dispatcher will ask you for some general information about the accident to determine whether an officer should respond. If there are no injuries, you should follow these steps:

  • Collect photographic evidence of visible damage. Be careful about ongoing traffic.
  • Move the vehicle off the roadway if possible.
  • Exchange contact and insurance information with the other driver, including their name, address, phone number, driver’s license number, and issuing state. You’ll also want all the details associated with their insurance plan, including the company that represents them, their policy number, and the expiration date.
  • Gather information about their vehicle such as the make, model, license plate number, and VIN number. If the driver is not the owner, obtain the contact information for the person
  • Obtain insurance information from the other driver(s) including the name of the insurance company, policy number and expiration date of the policy;
  • Obtain the year, make, model and license plate number, including state of issuance of all vehicle(s) involved. Also obtain the name and address of the registered owner and the (VIN) Vehicle Identification Number.
  • Communicate with any witnesses, including vehicle passengers, and get contact information for them in case of an eventual dispute.
  • Document everything on the DMV’s SR-1 form, which you can find here.
  • Contact your insurance company as soon as possible. Many insurance companies now have a smartphone app to make it this process as hassle-free as possible.

After an accident, emotions can run high and your sudden responsibilities can seem overwhelming. Take a deep breath and collect every bit of information you can–it will pay off in the end. Always remember to contact a good car accident lawyer immediately!

 

 

Ask an Auto Accident Lawyer: How Much Can I Expect for My Settlement?

Written by Jon Remmel on . Posted in Blog

Car_AccidentIf you’ve been in an accident that incurred serious injury, you may be entitled to damages. Many of these cases are settled out of court, which means you might have to sacrifice some of your potential compensation in order to receive money more quickly and keep yourself out of court—thus reducing legal fees. But how do you know if it’s worth it? In this article, we’ll look at what factors go into deciding a fair settlement.

Calculating Your Settlement Estimate

Estimating your settlement is not just a matter of adding these numbers up. There are essentially two categories of damages that play into determining a settlement. The first is Special Damages, which are actual expenses that are relatively simple to quantify. General damages, on the other hand, are much more complicated.

Compensation for Expenses

The first factor in your estimated settlement target is your actual expenses, including what you’ve had to pay out for medical expenses and vehicle repairs. Even if you did not pay your medical bills out of pocket, these costs should be included in any settlement estimate.

Compensation for Future Expenses and Losses

This category includes not only the lost income stemming from your recovery period, but also any future medical expenses and loss of income due to an inability to work. Remember, you’re working for a settlement that includes every dollar you lost as well as every potential dollar you could have earned if your accident never happened. If your injury is serious enough to incur some level of disability, your auto accident lawyer should include all future loss of income in the settlement estimate.

Compensation for General Damages

Some things cannot be compensated for with any amount of money. If you experience daily pain and suffering due to your accident, you deserve significantly more compensation than someone who received a minor injury with a brief recovery window. The problem is that these aren’t quite as easy to capture in a simple dollar figure. Included in General Damages is a sub-category called “pain and suffering,” meaning physical discomfort, mental anxiety, stress, and other negative effects of being injured such as interruption to the claimant’s day-to-day life. Your auto accident lawyer will be able to help you determine the right multiplier for factoring pain and suffering into your settlement target. The multiplier will be lower or higher depending the specifics of your case, such as the severity of injuries, the degree of medical treatment you’ve received and expect to receive, and the permanent or long-lasting effects of your injuries.

To find out how much compensation you can expect when your auto accident case is settled, contact an experienced Las Vegas auto accident lawyer today.

car accident attorney

What to Ask Your Car Accident Lawyer

Written by Jon Remmel on . Posted in Blog

After you’ve been in a fender bender, there’s a few things you have to remember: get the other driver’s insurance information, contact the police, collect photographic evidence of the damage and scene, etc. After that, you shouldn’t have much more hassle than dealing with the insurance and getting your vehicle fixed. But if you’ve been injured–or the other driver is uninsured–you may need to take the next step and contact a lawyer. An expert in personal injury and car accident cases can help you get the compensation you deserve, but only if you play it smart. In this article, we’ll lay out the questions you should be asking your car accident lawyer.

Important Questions for Your Car Accident Lawyer

To make sure you get the best representation possible, you need to make sure your potential lawyer can handle the job. Here are a few questions you can ask to find out if they’ll be a good fit for you?

  • “How long have you been representing personal injury clients?” – This will give you a sense of their expertise in this field and whether it’s a sideline or their main focus. As with anything, the longer they’ve been doing it the better.
  • “How many car accident victims do you represent in a given year?” – The higher the volume, the better understanding your lawyer will have of the legal nuances in your region. They may also have the insurance company you’re dealing with and their representation.
  • “How many auto accident lawsuits do you settle? How many do you take to trial?” – This is an indication of how hard they’re willing to fight for you.
  • “Will you be my lawyer or will I be working with another member of your firm?”- If you’re meeting with a partner, there is a good chance that they will actually assign your case to another lawyer. This is not necessarily bad, but you’ll want to meet the lawyer you’d be working with before you make any decisions.

You’ll also want to get a sense of what your lawyer thinks about your case. Make sure you get everything you need to know. For instance, ask:

  • “What is your assessment of my case?”
  • “What kind of settlement or judgement is realistic?”
  • “Will we have to go to trial and how long do you expect it to take?”

You’ll also want to know how your case will be handled:

  • “Do you charge a contingency rate or by the hour?”
  • “Will I have to pay you if we do not win a settlement?”
  • “Can I receive progress reports? How frequently?”

Once you’ve found a car accident lawyer, you’re job will be to provide them with all the relevant information about the case including your account of what happened and any evidence you may have–photographic or otherwise. A good lawyer will work with you and keep you continually updated on the progress of your case. If you’ve been involved in an accident, contact a Las Vegas car accident lawyer today.

 

a ford focus in a car accident

When Should I Hire an Auto Accident Attorney?

Written by Jon Remmel on . Posted in Blog

Auto accidents are no joke. In fact, every year over 40,000 people are killed in America alone on the nation’s highways, making it one of the leading causes of death–not to mention the pain, suffering, inconvenience, and expense associated with wrecks that do not lead to fatalities. The problem is, no matter how safe you drive (or what safety equipment you have equipped on your vehicle) you can still get in an accident due to someone else’s mistake. In an ideal world, you would be compensated for any injury or property damage by your insurance company or the negligent driver’s–unfortunately, that’s not always how it works. In this article, we’ll look at what kinds of accidents and circumstances should prompt you to contact an auto accident attorney.

When to Hire an Auto Accident Attorney

While there’s generally no need to contact an auto accident attorney in Las Vegas for a minor fender bender without injuries, there are a number of factors that might prompt a call to a reputable firm. Here’s when you should call a lawyer:

  • The injuries sustained by you or your family may have long-term repercussions, including such severe conditions as paralysis but also anything that might prevent you from working and/or enjoying your life.
  • There is a dispute about just whose fault the accident was. Few people are willing to admit fault and a auto accident attorney will be more motivated to get to the bottom of things than the typical officer on the scene.
  • The offered compensation will not be enough to cover your long-term medical costs.
  • The other driver was not carrying insurance, or was carrying limited insurance.
  • A claims adjuster is putting pressure on you to settle. Do not make rash decisions when dealing with the complicated legalese of insurance companies who are only interested in paying you as little compensation as they can get away with.

What to Expect When Hiring an Auto Accident Attorney in Las Vegas

There are a number of benefits to hiring a auto accident attorney to represent you. You are much more likely to get the compensation you deserve when working with an expert in the field of auto accidents and personal injury. And you won’t have to pay up front. Any reputable personal injury or auto accident attorney will only charge you on a contingency basis–meaning you only pay them if you win.

Have you suffered an injury in a recent auto accident? Are you being pressured to settle? Contact an auto accident attorney right away.

scales of justice

When David Beat Goliath: 5 Times The Little Guy Beat the Big Corporation

Written by Jon Remmel on . Posted in Blog

In a world of billion dollar corporate bailouts, it sometimes seems like there’s not much justice for the little guy. Big corporations have big budgets, meaning they can afford to hire multiple lawyers and drag out proceedings for years. But every once in a while, a corporation simply goes too far. As a personal injury attorney, I fight for the little guy against greedy corporations on a daily basis. Read about these five landmark lawsuits when David beat Goliath, and justice was served.

sometimes david defeats goliath

Photo by Greg Foster

Vibram Running Shoes

Earlier this year, Vibram agreed to pay $3.75 million for embellishing the health benefits of the shoes that they produced. Known for their “FiveFingers” running shoes that look like gloves for your feet, Vibram told consumers that their “toe shoes” could help strengthen foot muscles and reduce running injuries. But as more evidence proved that running in these shoes caused puncture wounds and increased stress, the company was forced to redact their advertising statements and pony up to consumers. The $3.75 million settlement offered purchasers roughly $20-$50 per pair of shoes bought, which can pay for less than half of a nice pair of running shoes customers will need after throwing these ones in the trash.

Pacific Gas and Electric (PG&E)

pacific gas and electric company

Photo by Dave

The name of the company might not be familiar, but you probably know something about the case. Erin Brokovich, who would be played by Julia Roberts in the film adaptation, served as lead plaintiff in a class action lawsuit against PG&E. The major allegation in the case was that the company knowingly allowed hazardous waste products to contaminate the groundwater–jeopardizing the water supply of Hinkley, California. This waste was found to cause cancer, fertility problems and a list of other health issues.

This case resulted in the largest settlement ever paid out for a direct action lawsuit in the history of the United States. PG&E was forced to pay nearly $300 million to just 1,100 people.

Eveleth Mines

Erin Brokovich isn’t the only class action lawsuit hero to become a major motion picture star. The 2005 movie North Country stars Charlize Theron as Lois Jenson, one of the first female employees of the Eveleth iron mine in northern Minnesota. Jenson and her female coworkers endured such intense sexual harassment from the men they worked with, that some of them were diagnosed with PTSD. The problem was, Jenson had a hard time finding anyone to represent her. After being turned down by more than 50 lawyers from 1984 to 1991, Jenson finally got the case accepted as the first class action lawsuit related to sexual harassment. The problems didn’t end there, though. The court proceedings were almost as abusive as the harassment to begin with. The judge allowed Eveleth to obtain medical records and put the women through eighty days of depositions, probing their personal and sexual histories. One plaintiff said afterwards that “I felt I was raped on the stand.”

In the end, the women had to wait until 1998 before Eveleth settled with them on the eve of the jury trial. The women of Eveleth mines were awarded $3.5 million for their troubles.

Facebook

facebook got in trouble with privacy concerns

Photo by MoneyBlogNewz

In the 2007, Facebook stepped over the line into privacy invasion. The social media giant launched a new advertising program called Beacon, which distributed purchasing information between partner retailers and Facebook. This meant purchases you make could end up being published on your social network profile. The program went mainly unnoticed until a man purchased an engagement ring from Overstock.com. His plan was to surprise his girlfriend with a proposal, but the purchase was immediately published on his newsfeed–and quickly seen by friends, family and his girlfriend.

Once Beacon was uncovered, Facebook users soon retaliated with a class action lawsuit. Facebook settled the case in 2009, agreeing to discontinue Beacon and use $9.5 million to establish a foundation dedicated to privacy.

Cryovac

Another lawsuit turned feature film, A Class Action, depicts the legal battle between the citizens of Woburn, Massachusetts and W.R. Grace & Co, owners of the Cryovac food packaging plant. The central complaint of Woburn’s lawsuit was that the company contaminated the city’s water supply with dangerous carcinogens, resulting in at least six deaths from leukemia. The case, which began in 1982, went on for four years until W.R. Grace & Co. settled out of court for $8 million.

These big cases stand out on the silver screen, but average Americans are winning smaller settlements such as these every day. If you’ve suffered personal injury or loss due to a corporation’s negligence or unsafe practices, you can win your lawsuit. Let me represent you and get you the compensation you deserve. For more information, give me a call at (702) 522-7707 today.

Featured image by JessicaGale

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Remmel Law Firm, our Southern Nevada Office serves clients in the Las Vegas, Green Valley, Summerlin, North Las Vegas and surrounding areas. Our Personal Injury Law Firm is dedicated to helping families thru the legal process when involved in an auto accident, an accident at work or an ATV accident.

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