Truck Accident

How much is a truck accident worth?

Folks naturally want to know at the outset, how much is a truck accident worth? This is true on both the plaintiff and defense sides. It makes sense. A genuinely injured person wants to know how much compensation to expect in the future, if any. A truck company wants to know their exposure so they can adequately prepare. There is no magic formula for determining the value of a tractor trailer accident in Georgia. Unlike worker’s compensation cases, in which statutes generally control the amount of compensation received, in a personal injury case, there is no statutory value assigned to an injury. Instead, it is generally left to “the enlightened conscience of the jury.” This means that the jury could award the injured plaintiff anything, $5.00, $5,000, the list goes on. While there is no established formula, there are a few things to look at. In general, a truck accident victim will be looking to recover: medical bills + lost wages + pain & suffering. For medical bills, the expenses must be casually related to the accident. This means that preexisting conditions, degenerative conditions, prior injuries, and injuries that occur much after the accident are not generally recoverable. It also means that traumatic injuries caused by the truck crash are recoverable. An easy to understand example of a traumatic injury is a fracture. There are exceptions to every rule, so a solid Atlanta truck accident attorney could give you a better idea. In addition, the medical expenses must be reasonable. A lot of times folks think that the higher medical expenses, the better. And, it is true that a person with $300,000 in medical bills will generally recover more than a person with $3,000 in bills. However, there has been a recent trend as of late for lawyers to send their clients to injury centers, which charge exorbitant rates for routine procedures. We do not believe this is the best course for several reasons. First, the law requires that medical expenses be reasonable. The fastest way to a $0 recovery is when the jury gets the impression that the medical providers were selected to inflate medical bills, rather than for medical bills. Second, it increases the amount of liens that the injured party must pay back. This means that the injured party’s take-home will often be less than a person who treated for genuine prices. Third, we want to be certain that our clients are receiving the best care possible. In general, top doctors do not inflate bills. In addition to medical bills, a plaintiff will seek to recover their lost wages. If a person misses work due to a tractor trailer wreck, this will typically be a recoverable item of damages. The injured party must have been working at the time of the accident and must have missed work due to injuries related to the accident. The biggest unknown in evaluating a personal injury case is pain and suffering. Pain and suffering is awarded by the “enlightened conscience of the jury.” Pain and suffering “means the physical and mental injury, pain, and suffering” of the injured person.  Things such as the level of pain, activities the party can no longer engage in, sadness, anxiety are generally recoverable under pain and suffering. The more serious the injury is, the larger the pain and suffering verdict is like to be. For example, in a recent trial that we completed for the plaintiff, the jury awarded $3,007,379.90 in pain and suffering for a mother that died in a car accident. This was a horrific and tragic case, which resulted in a larger pain and suffering award for the mother. In a typical truck wreck case, the pain and suffering award will be much lower than this. In some unique cases, there may be an avenue for punitive damages or attorney’s fees. These are exceptional cases that do not generally apply to the average truck wreck. A knowledgeable Georgia truck accident lawyer, like us, can help you navigate all aspects of your case, including these. We specialize in truck accidents representing both genuinely injured folks and reputable companies.

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How much are wrongful death settlements?

Whenever we deal with a case involving the death of a loved one, it is an unfortunate reality that the law only offers monetary compensation. Because of that, many of our questions deal with finances, “value,” and “worth” of a wrongful death claim. It is understandably troubling to folks to talk about a life in this manner. At the same time, in order to provide quality advice to our clients, we are required to discuss the potential results in a trial, which are in monetary terms. A wrongful death settlement can vary widely in results. As we discussed in a prior blog-post, a personal injury claim is like a three-legged stool. There must be three legs (liability; causation; and damages) for the claim to stand. In a wrongful death claim, there is clear damages. But, sometimes, there is no liability or causation. Georgia law is clear that simply because a mere accident, without more, is not sufficient to bring a claim. There must be something that the defendant did that violated an applicable standard of care. For example, an Atlanta truck accident attorney, would review whether or not the truck violated a uniform rule of the road. If a rule of the road was not violated and, instead, the decedent caused the accident, then there would not be a recovery in a wrongful death case. If there is liability, there must also be causation. In the case of a fatal accident, this means that the accident in question actually caused the death. Preexisting, degenerative, and congenital conditions are not typically recoverable. In the case of wrongful death, typically the causation element may be straightforward because the death occurred in close proximity with the accident. There is a classic “law school” example of causation, however, that illustrates that causation may be broken even in a wrongful death case. Imagine that a person suffered a relatively minor injury in an auto accident. The person was placed in an ambulance. On the way to the hospital, the ambulance was struck by lightning killing the person inside. Because the lightning not the auto accident caused the death, there is no causation. This example is obviously extreme but it illustrates the point that the accident itself must cause the death, not some event or condition unrelated to the accident. Often there are arguments on both sides of a case, which effect the case’s “value” and resulting settlement. At our firm, we are experienced fatal accident attorneys based in Atlanta, and we service all of Georgia.

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How Often Do Atlanta Truck Drivers Get Drug Tested?

The Federal Motor Carrier Safety Administration (“FMCSA”) regulates trucking companies and truck drivers. This includes regulations concerning how often truck drivers are drug tested. Our Atlanta, GA trucking truck accident lawyers review the basic rules concerning drug and alcohol testing for truck drivers. Initial Employment Drug Test First, a truck driver must take a drug test at the time of his initial employment. As § 382.301 states, “(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section.” The exception to pre-employment screening is if the driver was (a) participating in a controlled substances testing program within the prior 30 days; (b) was either tested in the prior 6 months or subject to random testing for the prior 12 months; and (c) the employer ensures that no prior employer has notice of a failed test in the last six months. Drug Testing After an Accident in Atlanta Second, after certain types of accidents, the truck driver must receive a drug and alcohol test. A truck driver does not have to receive a screening just because he was involved in an accident. Instead, the accident must meet certain requirements. This chart is helpful for determining when a drug and alcohol test will be required: Type of Accident Involved Citation Issued to the CMV Driver Test Must Be Performed by Employer Human Fatality Yes Yes Human Fatality No Yes Bodily Injury With Immediate Medical Treatment Away From the Scene Yes Yes Bodily Injury With Immediate Medical Treatment Away From the Scene No No Disabling Damage to Any Motor Vehicle Requiring Tow Away Yes Yes Disabling Damage to Any Motor Vehicle Requiring Tow Away No No These standards come from rule § 382.303. The rule requires a drug/alcohol test (a) if the is a human fatality, (b) if the driver receives a citation and a person is taken from the scene for emergency medical treatment, or (c) if the driver receives a citation and a vehicle has disabling damage requiring a tow truck. Random Drug Testing for Atlanta Truck Drivers Third, the Federal Motor Carrier  Safety Regulations (FMCSR) require truck drivers to submit to random alcohol and drug tests. The percentage of truck drivers that a company must test is subject to change each year. In the original code section, § 382.305, was 10% of drivers tested for alcohol in a year and 25% for drug tests within a year. The drugs that are tested in these screenings include the following: Marijuana Cocaine Opiates – opium and codeine derivatives Amphetamines and methamphetamines Phencyclidine – PCP The minimum amounts permitted in a driver’s system are available on the FMCSA website. There are other less common scenarios when a truck driver may be required to submit to a drug or alcohol test. These includes reasonable suspicion, and after a truck driver has failed or refused a test and submitted to a program. Contact an Experienced Atlanta Trucking Accident Attorney for Help A knowledgeable Atlanta truck accident lawyer from our firm can help you navigate all aspects of your case, including these. Send us an online message or call (404) 793-0026 today to schedule a free consultation.

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How do I pay for my medical bills in a personal injury case?

When you have a serious personal injury, whether it is a scooter accident, truck accident, pedestrian accident etc., there is often a lot of medical bills. If you are fortunate enough to have health insurance, all of your medical bills should be submitted to your insurer if at all possible. This is because, at the end of your case if you receive a settlement, you will have to pay for the medical treatment you received. Under Georgia law, in general, a health insurer has weaker rights to recover medical expenses paid than a hospital or doctor directly. O.C.G.A. § 33-24-56.1 (b) states as follows: In the event of recovery for personal injury from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the benefit provider for the person injured may require reimbursement from the injured party of benefits it has paid on account of the injury, up to the amount allocated to those categories of damages in the settlement documents or judgment, if: (1) The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and (2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney’s fees and expenses of litigation incurred by the injured party in bringing the claim. In simple terms, this means that the insurer can recover funds only if the insurer can prove that the patient received more money than the claim of medical expenses and pain and suffering was worth. This is a tough road to hoe. Accordingly, in general, you will have to pay the health insurer less money out of pocket from your settlement. In addition, the health insurer has negotiated rates with its medical providers that are lower than uninsured rates. This means the total amount owed will also be lower, making the amount you pay back less too. There are exceptions to this rule, like with an ERISA employee funded plan. ERISA plans are governed by Federal Law, and the plan terms often require full reimbursement. There still may be some argument about the reasonableness of the charges or other arguments to reduce the amount owed. However, in general, a patient will be required to repay an ERISA plan more funds than a state-regulated insurer. If you are uninsured, then the hospital or medical provider may provide treatment on a “lien.” Just like a contractor has a lien on their work on a home, a medical provider will have a lien on the treatment they provide. Sometimes the medical provider will require you to personally sign acknowledging the lien. Other times, they will simply file the lien with the County or otherwise make you aware of it. In most cases, unless the medical provider messes up its lien rights, you will be paying back something to the provider. It will typically be more than an insurer due to stronger rights of the provider and higher charges on the front end. In general, an attorney cannot pay for medical bills, in Georgia, except in very limited circumstances for diagnostic and related treatment. Because of the risk of a conflict of interest, most lawyers are hesitant to advance even those payments. In our experience, juries do not like it when a lawyer is involved in the medical care of a client. A knowledgeable Georgia attorney, like us, can help you navigate all aspects of your case, including these. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, amputations, and similar serious injuries.

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How are wrongful death settlements paid out?

In general, wrongful death settlements are paid in either (a) a lump sum payment to the Claimants or (b) periodic payments are made over a period of time-based on a structured settlement. Whether or not the settlement will be a lump sum or structured deals with many factors. First, it depends on who is entitled to recover for the wrongful death. The authority to file a wrongful death lawsuit is controlled by three statutes. O.C.G.A. § 51-4-2; O.C.G.A. § 51-4-4; and O.C.G.A. § 51-4-5. These statutes establish an order of priority for who can assert a wrongful death claim, absent some unusual circumstances. These statutes state as follows create the following order of priority: (a) surviving spouse; (b) surviving children; (c) surviving parent; and, (d) the administrator of the estate. The statutes read as follows: “The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.” “If [a] deceased child does not leave a spouse or child, the right of recovery shall be in the parent or parents….” “When there is no person entitled to bring an action for the wrongful death of a decedent under [the two statutes noted above], the administrator or executor of the decedent may bring an action….” When the person entitled to the proceeds is a minor child, then a structured settlement will generally be required. A structured settlement is essentially an insurance policy, whereby the claimant authorizes a larger insurance company (such as MetLife) to receive the proceeds of the settlement. In turn, the large insurer (like MetLife) issues an insurance policy to the Claimant guaranteeing a larger amount of money to be paid to the Claimant at a later date. This is used in minor settlements because a minor child is not permitted to receive funds over $15,000 in settlement of a tort suit. A structured settlement permits the minor child’s proceeds to be invested in a safe source for many years, with a guaranteed payout at the age of majority.  There is an option for a lump sum payment to a “court-appointed conservator.” Generally speaking, however, it is expensive to use a conservatory. This is because the conservator must post a “bond” in the amount of the settlement. If the settlement is significant, this bond is very expensive. Plus, the conservator gets to charge a significant yearly % to manage the proceeds. Second, it depends on the amount of money at stake. A wrongful death settlement can be extremely high. It is not uncommon for a wrongful death settlement to be in the multiple millions. However, that takes (a) liability on the part of the Defendant and (b) an asset from which to recover. In many cases, one or both of those is lacking. For example, in Georgia, the minimum required insurance for automobiles is only $25,000.00. Even in the most egregious of circumstances, more likely than not, this is the total amount that would be paid in the event of a wrongful death caused by an insured with $25,000 in coverage. A business in Georgia does not have to have commercial liability insurance. Therefore, accidents caused by businesses with no insurance and no assets may result in no significant recovery. In cases where there is a significant amount of money, a structured settlement may make sense. This would enable the proceeds to be paid over a number of years, with a guaranteed rate of return. If the money is significant enough, this rate of return can be large. Third, it depends on what the family wants. The settlement can be paid in a lump sum payment. This is the most common method that we use in our cases. The family usually feels that they can manage their money better than other folks, and we tend to agree with them. At our firm, we have recovered millions for wrongful death victims in settlements. We have also received a verdict in excess of $27,000,000 for the wrongful death of a spouse and mother. At our firm, we are experienced fatal accident attorneys based in Atlanta. Contact us today for a free consultation.

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How many truck accidents happen a year?

It is a common question: How many truck accidents happen annually? How many semi-truck accidents per year? To answer, we can look to federal statistics. The Federal Motor Carrier Safety Administration (“FMCSA”) is a branch of the Department of Transportation. The FMCSA compiles an annual report on “statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses.” The last report to be released was in 2017. The 2017 report concluded that there were 102,000 crashes with injuries involving tractor-trailers. There were 344,000 crashes with property damage only. A more detailed chart is listed below: Injury Crashes Collision with Vehicle in Transport 83,000 81.4% Collision with Fixed Object 10,000 9.5% Collision with Pedestrian 1,000 0.9% Overturn (Rollover) 5,000 4.7% Collision with Pedalcycle or Other Personal Conveyance 1,000 0.7% Collision with Parked Motor Vehicle 1,000 1.0% Collision with Train * * Collision with Other Object 1,000 0.6% Collision with Animal * 0.4% Explosion/Fire * 0.1% Jackknife * 0.1% Pavement Surface Irregularity * * Cargo Equipment Loss or Shift * 0.1% Other * 0.4% Total Injury Crashes 102,000 100.0% Property Damage Only Crashes Collision with Vehicle in Transport 261,000 75.8% Collision with Fixed Object 42,000 12.4% Collision with Pedestrian * * Overturn (Rollover) 7,000 2.0% Collision with Pedalcycle or Other Personal Conveyance * * Collision with Parked Motor Vehicle 20,000 5.9% Collision with Train * 0.1% Collision with Other Object 4,000 1.1% Collision with Animal 6,000 1.7% Explosion/Fire 1,000 0.2% Jackknife 2,000 0.4% Pavement Surface Irregularity * * Cargo Equipment Loss or Shift 1,000 0.2% Other 1,000 0.3% Total Property Damage Only Crashes 344,000 100.0% These numbers may not be fully accurate as they are based, in large part, on publicly reported information to police. Therefore, the property damage claims, in particular, may be lower in this chart than actually occur. If you’re involved in a truck accident, you will likely need a truck accident attorney. At Weatherby Law Firm, P.C., we defend truck companies. We also represent folks who are genuinely injured after an accident. By steeping ourselves in truck accidents, we are able to provide our plaintiff and defense clients with quality representation. Contact us for a free consultation.

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Can You Sue a Scooter Company like Bird or Lime?

There have been a major rise in serious scooter accidents in Atlanta, Georgia, over the past year. Apparently unannounced, large scooter companies, like Bird and Lime, brought tons of scooters to Atlanta and placed them in public locations. People downloaded the app and began scooting around town. We can understand why too: Atlanta’s streets are congested and scooter riding can be fun. The downside, though, is that a scooter crash is almost always serious. There is no protection between you and the ground. The scooter’s go really fast (over 20 mph) in some places. Although they advise wearing a helmet, the scooter companies know that hardly anyone carries a helmet around so they can ride a scooter. This has tragically resulted in numerous fatal scooter accidents. The CDC has issued a study on scooter related injuries. In less than three months in Austin, TX, the CDC identified 271 people with potential scooter related injuries. Of these people, 190 were confirmed to have a scooter injury. Many of the injuries were severe: “almost half of the injured riders in this study sustained an injury to the head. Of these injured riders with a head injury, 15% reported or had evidence suggestive of a traumatic brain injury.” As Atlanta Brain Injury Lawyers, we know just how horrific a traumatic brain injury can be. This year, we settled a case for the Policy limits of $700,000 which included a traumatic brain injury for a child. These are serious cases with real world implications. That brings us to the key question: Can you sue a scooter company like bird or lime after an accident? Like many things in law, the answer is: it depends. The scooter companies have very lengthy contracts which serve to benefit them and not their riders. Most likely, your best bet at a successful lawsuit against the company themselves is if something is defective with the scooter which was not readily apparent to a user. For example, if the brakes stop working, the ignition sticks, the wheels fail, etc. In these instances, the scooter company would be hard pressed to argue that you assumed the risk of equipment. It will be a fact intensive determination. Even if you cannot sue a scooter company, you may have recourse if you are involved in an accident with another person. This type of lawsuit would proceed under the negligence standard. This means that you would need to prove that the other person caused the accident by acting in a manner not up to the standard of care. A knowledgeable Georgia attorney, like us, can help you navigate all aspects of your Atlanta Scooter Accident, including these. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, and other catastrophic injuries.

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Are personal injury settlements taxable?

Some parts are taxable and some are not. A settlement for personal injury may include the following elements (a) pain and suffering, (b) medical expenses, (c) lost wages, (d) emotional distress, and (e) punitive damages. Each of these are treated differently for tax purposes. Generally speaking payments for pain and suffering are not taxable. IRC §104(a)(2) excludes from taxation settlements “on account of personal physical injuries or sickness.” Accordingly, payments for pain and suffering related to personal injury are not taxable.  Likewise, payments for medical expenses are not taxable “if the taxpayer has not previously deducted her medical expenses.” See prior cite.  Thus, if you have deducted your medical expenses from treatment, this portion may be taxable. Somewhat surprisingly, lost wages are also considered to be payments “on account of personal physical injuries” and are not generally taxable. This is limited to payments of lost wages for time in which the plaintiff was actually out of work due to their injury. If the plaintiff was out of work for another reason unrelated to the injury, this would be taxable. There are unique rules for emotional distress claims. The IRS states that these are excludable from income only to the extent the payments exceed the out of pocket medical costs. IRC §104(b)(6). This means that payments above and beyond the amount that the plaintiff actually incurred for treating the emotional distress would be taxable. Punitive damages are also exempted from the definition of excludable income in personal injury settlements. Punitive damages are not awarded to compensate the plaintiff for an injury. They are awarded to punish the defendant for egregious conduct (defined often in the law as intentional, wanton, or reckless indifference to the consequences).  Because of this, the IRS does not treat these payments as stemming from the personal injury. An example may assist in understanding. Let’s assume that Plaintiff A is injured in a car accident with Defendant B. Plaintiff A sues Defendant B for personal injuries, pain and suffering, medical expenses, lost wages, emotional distress, and punitive damages. After litigation, the case is settled in the following amounts: Pain and Suffering: $10,000 Medical Expenses: $5,000 Lost Wages: $2,500 Emotional Distress: $2,500 Punitive Damages: $5,000 Total Settlement: $25,000 Applying the foregoing general principles, the $10,000 for pain and suffering and $2,500 for lost wages are not taxable (assuming the plaintiff actually missed work due to their injuries). The punitive damages are clearly taxable. The taxability of the medical expenses and emotional distress claims depends on more facts.  If Plaintiff A had previously deducted these medical expenses from their taxes, then the payment is taxable. If Plaintiff A had not deducted these medical expenses form their taxes, then the payment is not taxable. The Emotional Distress payment is only excluded to the extent Plaintiff A incurred medical expenses for the emotional distress claim. As you can see, it gets kind of tricky. Although we have handled hundreds of Atlanta truck accident, Atlanta brain injury, Atlanta spinal injury, Atlanta pedestrian accident, Atlanta wrongful death, Atlanta bike accident, and other cases, we are not tax professionals. Before filing your taxes, you need to seek the advice of a competent accountant to assist you with managing the settlement of a personal injury claim. Contact us today for a free consultation.

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Who can sue for wrongful death?

One of our areas of focus is helping families recover for the death of a loved one. We have handled numerous wrongful death claims, received one of the largest wrongful death verdicts in the history of the state, and recovered millions more for fatal accidents in Atlanta. As a Georgia fatal accident attorney, we are very familiar with the statutes that govern wrongful death claims in Georgia. One of the most fundamental (and confusing) rules govern: who can file suit for wrongful death? It is easy to see how this could cause hardship. For example, if a father does not want to pursue a fatal accident claim, but a child does. Another example, if two children disagree on how to proceed with a wrongful death claim.  There are three statutes that governs, generally, who has the power to bring a wrongful death claim. The right to bring a wrongful death claim is governed by three statutes, O.C.G.A. § 51-4-2; O.C.G.A. § 51-4-4; and O.C.G.A. § 51-4-5. These statutes establish an order of priority for who can assert a wrongful death claim, absent some unusual circumstances. The order is as follows: A spouse has the first right to bring a wrongful death claim. If there is no surviving spouse, the children of the decedent may bring a wrongful death claim. If the decedent has no surviving spouse or children, then the decedent’s surviving parents have the right to bring the wrongful death claim. If no one else is entitled to bring the claim, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. There are some important exceptions to this rule. For example, a parent that totally abandoned their child may not bring a wrongful death claim. Also, if a person who is in the line of priority refuses to assert a claim, there may be a path for folks later down the line of priority to assert the claim. This is only one of the many somewhat different and tricky rules that apply to wrongful death accidents in Georgia. That is why it is important to hire an experienced fatal accident lawyer in Georgia. Contact us today for a free consultation.

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How to find the best Atlanta truck accident lawyer?

When you are in a tractor trailer accident, finding the best Georgia tractor trailer accident attorney is important. But, what is the “best”? The truth is: there is no “best” attorney. There are, however, attorneys who know the ins and outs of Georgia tractor trailer accidents and those who do not. It can be difficult for a potential client to know the difference. Here are a few tips when hiring a tractor trailer accident attorney: Experience: Because truck accidents are different, an attorney needs to have experience as truck accident lawyers. In our firm, for example, we have handled many truck accident cases. We have defended large trucking companies. We have prosecuted cases against trucking companies. As a result, we know how to handle your truck accident case and put you in the best possible position. Any attorney you hire should have extensive real life experience in truck accident cases. Knowledge: There are unique standards that apply to truck accidents. Because of that, a dedicated Atlanta truck accident attorney will often publish material to educate the public on truck accidents. For example, we have multiple blog posts dedicated to helping the public understand Atlanta truck accidents. Information like this shows that the attorney knows the unique standards that apply. Initial Consultation: Many truck accident lawyers offer free consultations. During this consultation, you should evaluate the lawyer too! Ask your lawyer specific questions about their experience in truck accidents. Discuss with the lawyer how many truck accident cases they have handled? The results in those cases? Reviews: Good attorneys generally receive good reviews. That is why we pride ourselves on the reviews we have obtained from other attorneys and former clients. Checking Google reviews can be a great source of information for how quickly your attorney will handle your truck accident case. Truck accident cases are often serious. That is why it is important to hire an experienced Georgia truck accident attorney. Contact us today for a free consultation.

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