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Phoenix personal injury attorney answers questions about slip and fall cases – Kelly Law Team



In this YouTube Hangout, Phoenix personal injury lawyer John Kelly answers a number of questions about slip and fall cases. You may also visit us online at https://www.jkphoenixpersonalinjuryattorney.com/slip-and-fall/ or post a question to the comments section and John has agreed to answer your questions.

1. Samantha – I was shopping at the local supermarket when I slipped and fell. The floor was filled with liquid and broken glass from a bottle that someone had knocked over. I had a number of cuts, and a badly sprained ankle. The store says they didn’t know about the spill. Does that mean they are not liable for my injuries?

2. Brian – I tripped and fell on a broken walkway leading up to my friend’s house. I had just had surgery on my shoulder, which was healing nicely at that point. After the fall on the walkway, I went back to my surgeon, and he told me the fall caused significant nerve damage to my shoulder. Can I get damages for the new shoulder injury, even though it involved a pre-existing condition?

3. Charles – I fell on the sidewalk and suffered an injury. The insurance company keeps telling me to hold on because they’re about to offer me a settlement. They also said that there’s no need for me to get a lawyer, since they’ll take care of me with a fair settlement. It’s been almost two years since the fall. Should I be concerned?

4. Lucy – I fell on the floor at the supermarket and was injured. The floor had just been waxed, and it was very slippery. But witnesses saw that I was just about running down the aisle when I fell. If I’m partly at fault, can I still get damages for my injuries?

5. Frank – After I was injured in a slip and fall accident in a retail store, I received medical treatment. I know how much the bills are, and I know how much I lost from being out of work. Can’t I just use an online calculator to figure out how much my case is worth? Why do I need a personal injury lawyer for this?

Kelly Law Team
1 E Washington St
Suite 500
Phoenix, AZ 85004
602-283-4122

Transcript of content:
– We’re with John Kelly. John is a Personal Injury Attorney in Phoenix, Arizona. And he’s agreed to answer online questions that were posted related to slip and fall cases. With that said, John, let me go into the first question that was asked. The first question was from Samantha. Samantha asks, it says, I was shopping at the local supermarket when I slipped and fell. The floor was filled with broken, with liquid and broken glass from a bottle that someone had knocked over. I had a number of cuts and badly sprained ankle. The store says they didn’t know about the spill, does this mean they’re not liable for my injuries?

– Samantha has a good question. In these slip and fall cases, there’s a lot of factors that go into whether the store is going to have liability. You can’t say just because there was something on the floor they automatically are going to accept liability and will be able to settle the claim right away. We need to make sure that there are other factors that are in favor for us. So. One of those things is if there is something as dangerous as glass on the floor with liquid, it depends on how long the bottle was there, if there was other witnesses that noticed it and reported it. Where it was located. If it was in a place that was very difficult for the store to locate and see. It may be harder, but these are things that, you know, have to be investigated. And so, what she’s going to want to do is get some documentation of that. She’s going to want to try to get some photos. If it’s already too late and she was transported because she was injured, that’s understandable. We may be able to go and look if there’s any surveillance video. We may be able to go back and talk to the managers to see if they, if anyone had reported it. Hire an investigator to see if there’s any other witnesses at the store that still might be present that we could talk to. And figure out how long that was on the ground. So, there’s a lot of different factors that play into that type of case. It’s a good idea to call an attorney and try to get someone investigating that pretty quickly from the time that it happened.

– Okay, next question was from Brian. Brian says, I tripped and fell on a broken walkway leading up to my friend’s house. I had just had surgery on my shoulder, which was healing nicely at that point. After the fall on the walkway, I went back to my surgeon and he told me the fall had caused significant nerve damage to my shoulder. Can I get damages for the new shoulder injury, even though it involved a pre-existing condition?

– Yeah, Brian can absolutely get damages for his shoulder injury. Even if he had pre-existing injuries. The negligent party is still going to be liable for his injuries that were caused by the accident. So.

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Phoenix Car Accident Attorney Answers Legal Questions- Kelly Law Team



John Kelly is a car accident lawyer in Phoenix, Arizona and in this Google hangout he answers car accident related questions. For a free consultation, please call 602-283-4122 or visit him online at http://www.jkphoenixpersonalinjuryattorney.com/auto-accident.

0:22 How long does it take to get paid?

1:21 If I work with your law firm will I work with John Kelly or another attorney?

2:41 What will you do to ensure I get compensated as much as possible for my car accident?

3:37 Do you ever take car accident cases to trial or are they all settled?

4:55 Will I be charged for someone to review my case?

You can post question to the comments section and John will get back to you with responses.

Kelly Law Team
1 E Washington St.
Suite 500
Phoenix, AZ 85004
602-283-4122

Phoenix Personal Injury Attorney

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Phoenix Car Accident Lawyer Answers Legal Questions- Kelly Law Team



John Kelly is a Phoenix car accident attorney who will fight for every dollar you are owed. For more information on car accidents in Phoenix, visit http://www.jkphoenixpersonalinjuryattorney.com/auto-accident. In this Google Hangout John answers legal questions related to car accidents and opens up for you to post your own questions. If you have a car accident question, simply post it in the comments section below and John will get back to you with a response as soon as possible.

Question 1: How long do I have to file a claim on my insurance for a car accident? 0:55

Answer: Every state has its own limitation laws. These are the laws that determine that within how much time you can bring an accident claim or an injury claim. You have to consult an attorney in your own state for all the necessary information. Here in Arizona, you have two years from the date of accident to bring an auto accident claim.

Question 2: Can I negotiate a accident settlement without hiring an attorney? 2:08

Answer: Yes, absolutely. The truth is that the insurance companies try to settle and negotiate with the people involved in the accident as soon as possible before they hire an attorney. Just like I said before, it is best to consult an attorney so that he can guide you about what avenues you should be looking at so that you don’t miss out on any avenue of compensation.

Question 3: I caused a wreck and was injured. I’ve missed a lot of work. Is my insurance supposed to cover my time off work? 3:48

Answer: Generally, an individual’s own insurance policy doesn’t cover the expenses if the individual himself was the reason behind the accident. There’s a thing called ‘liability coverage’ in your insurance policy that covers the expenses of people whom you have caused some kind of injury or damage so that they don’t come after you personally. Another part of it is that it covers you if someone injures you but they don’t have enough insurance to cover your injuries. Also, there is a thing called ‘no fault insurance’ that people should try to get into their policy. That way it will also cover the expenses even if the accident happened because of their own fault.

Question 4: My insurance company has offered me a settlement for a car accident. I’m happy with the amount offered but my friends tell me I need an attorney. If I’m satisfied with my settlement why should I hire an attorney if I have to pay a contingency fee? 5:06

Answer: The truth is that you don’t have to hire an attorney if you are satisfied with the amount the insurance company is offering you. However, it doesn’t really hurt to consult an attorney. Most of the personal injury attorneys will give you a free consultation service. They may be able to give you a fair opinion about whether the insurance company is paying you a fair amount or not. They may be able to tell you about other avenues for compensation you might have missed out.

Kelly Law Team
1 E Washington St.
Suite 500
Phoenix, AZ 85004
602-283-4122

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Phoenix truck accident attorney answers legal questions – Kelly Law Team

Phoenix truck accident attorney answers legal questions – Kelly Law Team

In this Google Hangout, Phoenix truck accident attorney John Kelly answers a series of questions about truck accidents and their causes. You may also visit us online at https://www.jkphoenixpersonalinjuryattorney.com/truck-accident/ or post a question to the comments section and John has agreed to answer your questions.

1. Richard – I was in an accident with a commercial truck. The driver looked like he hadn’t slept in days. Are there rules for how long a commercial driver can drive before he has to get off the road?

1. Fran – I was hit from behind by a semi-trailer. The truck driver said he had no choice because if he hit his breaks his load would have smashed through the back of his cab and killed him. Does this mean he wasn’t negligent?

2. Steve – I was driving on the highway and was struck by rubble that flew off the back of truck hauling construction materials. The debris broke my windshield and caused me to hit the guardrail. Is the trucking company liable for the damage?

3. Marvin – My car was hit from behind by a commercial truck. The driver said his brakes failed. He also said he’s not responsible because another company handles his truck maintenance. Is he right?

Kelly Law Team
1 E Washington St
Suite 500
Phoenix, AZ 85004
602-283-4122

Transcription of content:
– We’re with John Kelly. John is a personal injury attorney in Phoenix, Arizona. And we had some online questions related to trucking accidents, semi-truck accidents, so with that said, I’m gonna go to the questions that were posted. John can answer the question. The first one was from Richard. Richard said, “I was in an accident with a commercial truck. “The driver looked like he hadn’t slept in days. “Are there rules for how long a commercial truck driver “can drive before he has to get off the road?”

– Yes, actually, there are rules, and they’re federal rules, and typically state rules, too, for truck drivers. They’re actually required to keep a log of the amount of time that they’ve been on the road. And if they crossover too much time, they can be fined and actually cited for that by the police. So, this is actually a big issue in truck accident cases, because oftentimes these companies, or even the employees who are driving, push to be on the road further and longer, and, you know, they’re making the money but they’re not being safe. And that becomes a big issue for a claim. If we find out that he was on the road for way too long, he was sleepy, caused an accident, he could be held liable, his company could be held liable, his insurance company is obviously gonna be looked into for a claim. So definitely, that’s something I always get an investigator working on gathering some of that evidence of truck accidents, cause they’re very complicated cases, typically.

– Okay, next question was from Fran. Fran says, “I was hit from behind by a semi trailer. “The truck driver said he had no choice, but to, “because if he hit his breaks, his load would have “smashed through the back of his cabin and killed him. “Does this mean he wasn’t negligent?”

– For Fran, I don’t believe he should rely on the truck driver to determine what caused the accident. With any kind of truck accident, the police are gonna do an accident reconstruction. So, they’re gonna have someone, and hopefully someone who’s experienced, go out there and do measurements, talk to witnesses, take photographs, do graphs and diagrams, and determine how this accident happened. Typically, with a truck accident case, there’s, you know, a lot of physics and motion that’s involved, that can cause the accident. I find the truck driver’s scenario very hard to believe so I would tell Fran that he probably needs to hire an attorney to start helping review the reports, getting their own witnesses and investigation going to establish a claim against that truck driver.

– Okay, next question was from Steve. Steve says, “I was driving on the highway “and was struck by rubble “that flew off the back of a truck “hauling construction materials. “The debris broke my windshield “and caused me to hit a guardrail. “Is the trucking company liable for the damage?”

– For Steve’s situation, it is definitely possible that the trucking company could be held liable for flying rubble off of a truck. You know, there’s a lot of regulation in how the truckers are, you know, how their hauls, how big their hauls are, how they’re secured, the maintenance of the truck, to make sure that it’s safe. If there’s things falling off the back of the truck, there’s something wrong. And this actually is a pretty common way that people are injured. So, again, there’s gonna be a report that should look into that aspect of how it happened, but there’s a lot of other things that we could do to investigate the company, to see if it’s something that runs company-wide, if there’s safety protocols that they’re failing to implement.

Nashville Truck Accident Lawyer Answers Legal Questions. Whitfield Bryson & Mason

Nashville Truck Accident Lawyer Answers Legal Questions. Whitfield Bryson & Mason

Nashville personal injury attorney Caroline Taylor from Whitfield Bryson & Mason discusses a series of questions about truck accidents. If you have additional questions you may post them in the comments section below the video or visit her online at https://www.nashvillepersonalinjurylawyerwbm.com.

Jean – I was rear ended by an 18-wheeler last week. While I didn’t have any major injuries, my car is completely totaled. The truck driver said he couldn’t slam on his breaks because it would have caused his load to smash through the back of his cab. Is this true? How does that affect my claim?

Sam – My wife was hit by a truck driver a few days ago. I immediately made my way to the crash and luckily she was okay, but the truck driver looked like he hadn’t slept in days. Are there rules for how long truck drivers can work?

Harrison – Are trucking companies responsible for damage caused by rubble or other small pieces of cargo that flies off the truck and hits other cars?

Kay – What happens when a truck accident is caused by bad maintenance on a truck? Who is responsible in those types of accidents?

Whitfield Bryson & Mason LLP
518 Monroe Street
Nashville, TN 37208
615-921-6500

Transcription of content:
– Hi I’m Caroline Taylor this is John Whitfield we’re attorneys in Nashville at the law firm of Whitfield Bryson & Mason. We’ve had some people that have inquired about some trucking accident questions and so we wanted to answer those to the best of our ability so, first question that was written in is from Jean and says “I was rear ended by an 18 wheeler truck last week while I didn’t have any major injuries, my car is completely totaled. The truck driver said he couldn’t slam on his breaks because it would have caused his load to smash through the back of his cab. Is that true, and if so how does that affect my claim?”

– Well thanks Jean for the question. First off truck accidents are different than your run of the mill car accidents. Trucks have greater more stringent obligations in regard to what they do when the travel down the interstate. That’s easy to understand, they’re great big huge rigs 18 wheels. They have certain requirements on the federal law that they have to comply with. And so as a result it’s different than a regular case in regard to the answer of your question it’s the responsibility of the driver of the truck to make sure that his load is loaded appropriately. He’s got the obligation to look ahead and his primary responsibility is to those people that are also on the road with him. And it’s not an excuse to say well I didn’t hit the brakes because I was worried about my load in the back. That’s not acceptable. That’s his responsibility driving one of these huge rigs.

– Absolutely. So Sam also wrote in and said “my wife was hit by a truck driver a few days ago. I immediately made my way to the crash and luckily she was okay, but the truck driver looked like he hadn’t slept in days. Are there rules for how long truck drivers can work?”

– Well thanks Sam, and that goes back to what I said a second ago. Yes, the answer is yes. There are rules and regulations regarding how long a truck driver can go and drive one of these huge rigs. It’s mandated by federal law and it used to be back in the day that there were certain types of manipulation of these logs that these drivers had to maintain. Now you and I have had cases before, got some now even that that comes into play. And now we can look and there are digital devices that are inside these 18 wheelers that you can download and you can obtain that information. So yes the answer is, they’ve got a certain amount of time to drive and a certain amount of time they should not be driving that’s important in a case like this.

– Absolutely and making those records electronic has certainly helped the manipulation. Back in the day when you could write in how long you had worked. That was certainly easier to manipulate than it is now. Next question is from Harrison and he asked “are trucking companies responsible for damage cause by rubble or other small pieces of cargo that flies off the truck and hits other cars.”

– Absolutely they are. And anyone that’s been on the interstate before you’ll see an 18 wheeler and in many instances you’ll see these big tarps on the back of the trailer itself they are responsible to assure that they tie down everything reasonably so that it doesn’t fly out and cause injury. We had a case one time where a wheel actually came off a trailer and hit a motorcyclist and killed this guys wife. And that example is what I’m talking about. They’ve got the obligation to make sure that things don’t fly off the back, or don’t fly off the trailer that can harm anybody else.

After a car accident, how do my medical bills get paid? Personal injury attorney answers questions

After a car accident, how do my medical bills get paid? Personal injury attorney answers questions

In this Google Live Event, Phoenix car accident attorney John Kelly answers an online question about payment for medical expenses after a car accident. You may also visit us online at https://www.jkphoenixpersonalinjuryattorney.com/auto-accident/ or post a question to the comments section and John has agreed to answer your questions.

Barbara – I was injured in an auto accident. I know it was the other person’s fault, but for now I’m stuck with lots of medical bills. My case hasn’t even been filed yet, so how will these get paid?

Kelly Law Team
1 E Washington St
Suite 500
Phoenix, AZ 85004
602-283-4122

Transcript of content:
– Here with John Kelly. John is a personal injury lawyer in Phoenix, Arizona. He’s agreed to answer an online question that was posted related to car accidents and getting paid for your injuries after a car accident. So with that said, this question was from Barbara. Barbara says, “I was injured in an auto accident, I know it was the other person’s fault, but for now I’m stuck paying a lot of medical bills. My case hasn’t even been filed yet so how are these going to get paid?”

– Well, Barbara’s question is a common one. With a personal injury claim, especially if the injuries are bad, hospital bills, follow-up treatment, surgical treatment, any other kind of physical therapy, all that stuff, those bills start adding up. And they can be really high for individuals and the medical proprietors want to bill the patients. So in my practice, what I’ve made sure that I do, is I contact the medical care providers and let them know that my clients have personal injury claim, I let them know that I’m going to be pursuing it, and getting them a settlement, and should be able to take care of their bills with the settlement. It’s your attorney’s job to handle all the leans which are the interest that these medical care providers have in your case. So your attorney should be aggressive in making sure the medical care providers are understanding that they do not need to bill you. Now, your health insurance should pay for some of that, if you have health insurance. But you may still be stuck with co-pays, and small payments that you have to certain providers. I encourage clients to try to pay for some of those if they can, and just keep track of those and we can try to get that recoup through the settlement when that’s done. Realize that once this case is to the point where you’re going to be settling it, you’re attorney’s got to contact all the hospitals, all your medical care providers, and make sure they resolve all the leans that are against you so that when that’s settled, all those bills get taken care of and you don’t have to worry about paying anyone else off. It’s something that my practice works on very aggressively to make sure that the clients can just focus on getting better and treating, and not having to worry about a mountain of bills that are piling up because of their case.

– Excellent. Well if you have any other questions for John just post them in the comment section down below, he’s agreed to answer your questions. Thanks, John.

– Yeah, I’m happy to talk to anyone about these issues, you can call me here at Kelly Law team. My phone number is 602-283-4122.

– Thanks.

How much money can I get for my car accident settlement? Injury attorney answers your questions.



John Kelly answers online questions about how much money you can expect to receive from an car accident settlement. You may also visit us online at https://www.jkphoenixpersonalinjuryattorney.com/auto-accident/ or post a question to the comments section and John has agreed to answer your questions.

Kelly Law Team
1 E WASHINGTON ST
Suite 500
Phoenix, AZ 85004
602-283-4122

The questions are as follows:

1. Candice- I was in a minor accident with my 11 year old son in the car three weeks ago. There was slight damage to the front right fender, but nothing major. It was a bit scary for us both, but it really didn’t seem like a big deal. The insurance company from the woman that hit us is paying for the repairs to the car and provided me with settlement documentation to sign. The issue is my son is now complaining his neck hurts. How much should I expect from the insurance company?

2. Jose- I am a construction manager and while I was headed to work I was hit by a guy exiting the freeway. The police came and cited the driver for failure to maintain control of his vehicle. My truck was totaled and I had to go to the hospital. The injuries were not major, but I missed three days of work and I’m having back pains. The insurance company is wanting me to sign a release document and offering me a settlement. If I counter offer will I have to get an attorney?

3. Jeff- How do I know how much the car insurance company should pay me for my car accident?

4. Tommy- I was recently t-boned by a drunk driver and have significant medical bills. I’ve been provided a large offer by the insurance company and I think it should cover everything. I realize I might be able to get more money, but I really need the cash now to pay my bills. How can I get more money without having to wait for a lawsuit, etc.?

Transcript:

– We’re with John Kelly. John is a personal injury attorney in Phoenix, Arizona. And he’s agreed to answer some online questions related to car accidents. With that said, John, I’m gonna go ahead and get in the first question and we’ll go from there. First question was from Candace. Candace says, I was in a minor accident with my 11-year-old son three weeks ago. There was light damage to the front right fender, but nothing major. It was a bit scary for both of us, but it really didn’t seem like a big deal. The insurance company from the woman that hit us, is paying for the repairs and the car insurance provided me with the settlement documentations to sign. Basically, she got a settlement document to sign. And the issue is my son is now complaining of his neck hurting. What are my options?

– Okay, for Candace having your child in the vehicle, sounds like the child’s injured now. Which is something that insurance companies, what they’ll typically do in these kinds of cases, is they’re going to reach out right away and see if they can settle the case. If she has a child that’s complaining of an injury, she needs to get that child in to be evaluated first, to make sure that the child doesn’t have any long term consequences from this injury. What can happen is that the insurance company will send an individual who’s been in a wreck the documentation and a check, and say, hey sign off on this. You’ll get this nice check. We’ll move on from it. The problem with that is, later on, if there’s injuries that were not diagnosed there’s no recovery for that. So, the good news is for Candace, it sounds like the adverse insurance company, the person that hit her, has accepted liability. That’s a first step. So, they’ve taken responsibility for this accident. It’s up to her now to show the insurance company what her injuries are, and her child’s injuries are. And they won’t take her word for it. She can’t just call them up and say, hey, my child has some neck pain can you compensate him for that. She’s gonna have to provide documentation. So when I get a client, I make sure that we have everything that is complained of from the client that’s gotta be evaluated by a doctor, actually diagnosed as that. And we use those bills and records of those visits, to make a demand later on. Typically we wait at least a couple of months after the accident to make sure that there’s no lingering effects that we’re not taking care of. So, she should probably at least consult with her attorney and definitely needs to get medical attention for her daughter.

– Okay, next question we have was from Jose. Jose says, I’m a construction manager and while I was headed to work, I was hit by a guy exiting the freeway. The police came and cited the driver for failure to maintain control of his vehicle. My truck was totaled, and I had to go to the hospital. The injuries were not major, but I missed three days of work and I’m having back pains. The insurance company is wanting me to sign a release document and offering me a settlement. If I counter offer, will I have to get an attorney?

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When should I get an attorney for a car accident?- Personal Injury Lawyer answers your questions.



n this YouTube Live event, I answer the question when to get an attorney for a car accident. If you have additional questions you may post them to the comments section below. Additionally, if you are in need of a car accident attorney, please feel free to visit us online at https://www.jkphoenixpersonalinjuryattorney.com/auto-accident or call our office directly.

Samantha- Mr. Kelly. I’d like to know when you recommend hiring an attorney after a car accident and in what situations you need an attorney and in which situations you can avoid hiring an attorney and just work with the insurance company?

Kelly Law Team
1 E Washington St.
Suite 500
Phoenix, AZ 85004
602-283-4122

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Transcript:

– We’re with John Kelly, John is a Personal Injury Attorney in Phoenix, Arizona. He’s agreed to answer an online question, that was posted. So John, let’s get into the question. This question was posted from Samantha. It’s related to when she should hire an attorney for a car accident. So, her question was, “Mr. Kelly, “I’d like to know when you recommend hiring an attorney, “after a car accident, “and what situations you need an attorney; “and in what situations you can avoid hiring an attorney “and just work with the insurance company directly?”

– Okay, thank you Samantha, for the question. It’s a good question and Samantha’s actually ahead of the game, a little bit, in understanding that there are cases and she’s smart to ask that it may make sense to represent yourself. There are a lot of factors though, that you wanna look at, before you make that decision. So I’ve kinda laid out some of these factors, that I think people who were considering representing themselves, should look at. And if they apply to them they may want to move forward in that way. So one of the things that I first would look at is what type of case they have. So if we’re talking about an auto accident; pedestrian accident; something simple, that is very easy to explain; doesn’t have a lot of parties involved, that’s a candidate for a case that you may be able to represent yourself in. Cases that are difficult to represent yourself in, medical malpractice; you do not want to proceed forward, typically, by yourself in a medical malpractice case. Lots of times experts are needed, there’s a lot of complicating statutes that get involved in that kind of thing. Any kind of case that’s, say a wrongful death; very serious injuries and we’ll talk about that; you know, things that probably a little bit of common sense but if it’s a simple auto accident; maybe a rear end accident, that’s a type of case that you may be able to represent yourself in. Then we gotta go to the next factor, which is, how severe are the injuries? So, if we have a case that has what we call soft-tissue injuries, as opposed to broken bones; head trauma; spinal cord injuries; severe burns; you know, anything that required hospitalization and surgery; those kind of cases, you would not probably want to represent yourself. But if you’re talking, you know, whiplash; little back pain; something that doesn’t require a lot of medical expenses, that’s another type of case that you may be able to represent yourself and get a good result with. You always have to keep in mind these insurance companies they wanna minimize the amount that they pay out, for your claim. There’s a lotta good adjusters out there, and some of ’em are honest; but there’s a lotta adjusters that want to minimize the amount that they’re paying out so that they can save their boss money, their boss’ boss’ boss money really. You know, and these are big corporations and they have bottom line. And so that’s what they’re looking out for. You’re looking out for your own interest and sometimes cutting out the attorney’s fees is something that you want to consider. The final thing, or one of the other ones I guess, and there’s two other things is what are the medical expenses? And we kinda talked about that, with the severity of the injuries. If you have a hospital visit, that visit alone typically is well over a 1,000 dollars and sometimes is up to 20.000, 30,000, 100,000 dollars and beyond. Obviously if you have a hospital visit, and it’s thousands of dollars, that lean alone may warrant having an attorney get involved to see if he can reduce those bills. There’s health insurance that gets involved.

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