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Jan 07
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Understanding Third-Party Claims in Construction Accidents

By Workers Compensation

Construction sites are bustling environments where safety is paramount. However, accidents can and do happen, often leading to serious injuries. When they do, understanding your options for legal recourse is crucial. One potential avenue for compensation is through third-party claims. Here’s what you need to know.

What Are Third-Party Claims?

In the context of construction accidents, a third-party claim is a legal action taken against someone who is not your employer or a co-worker but who may share some responsibility for the accident. This could include:

  • General Contractors: If you’re an employee of a subcontractor, the general contractor may be liable for unsafe working conditions.
  • Equipment Manufacturers: If faulty equipment caused your injury, you might have a claim against the manufacturer.
  • Property Owners: If the accident occurred on someone else’s property and unsafe conditions contributed to your injury, the property owner may be held accountable.
  • Other Contractors: If a third-party contractor’s negligence led to your injury, they could be liable.

Why Pursue a Third-Party Claim?

  1. Broader Compensation Options: Workers’ compensation may cover medical expenses and lost wages, but it often lacks the compensation for pain and suffering that a third-party claim can provide.
  2. Establishing Negligence: A third-party claim allows you to establish negligence and hold the responsible parties accountable for their actions, which can sometimes lead to a more substantial settlement.
  3. Multiple Parties Involved: Construction projects often involve various contractors, subcontractors, and suppliers, which can complicate liability. A third-party claim can address multiple sources of fault.

Proving a Third-Party Claim

To successfully prove a third-party claim, you must demonstrate:

  1. Duty of Care: The third party had a responsibility to ensure safety.
  2. Breach of Duty: They failed to uphold that duty through negligence.
  3. Causation: Their negligence directly caused your injury.
  4. Damages: You incurred damages, such as medical bills, lost wages, and pain and suffering.

Steps to Take After an Accident

  1. Seek Medical Attention: Your health is the top priority. Ensure you receive proper medical care and document all injuries.
  2. Report the Incident: Notify your supervisor and document the details of the accident.
  3. Gather Evidence: Take photos, gather witness statements, and collect any relevant documentation to support your claim.
  4. Consult a Lawyer: Navigating third-party claims can be complex. An experienced attorney can help you understand your rights and options, ensuring you receive the compensation you deserve.

Understanding third-party claims in construction accidents can significantly impact your ability to recover damages after an injury. While workers’ compensation may provide some relief, pursuing a third-party claim can open the door to more comprehensive compensation. If you’ve been injured on a construction site, consult with a legal professional to explore your options and ensure your rights are protected.

At Losi & Gangi, we’re committed to helping you navigate the complexities of construction accident claims. Reach out today for a consultation and take the first step towards securing your future. 716.854.1446.

Dec 09
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Holiday Safety: Preventing Accidents and Injuries

By News

The holiday season is a time of joy, celebration, and togetherness. However, with all the festivities come certain risks. Whether you’re decorating your home, preparing festive meals, or hitting the road to visit loved ones, safety should always be a top priority. At Losi & Gangi, we care about your well-being and want to help you stay safe throughout the holiday season.

1. Safe Decorating Practices: Decorating your home is one of the highlights of the holiday season, but it’s important to do so safely.

  • Use Proper Equipment: Use a sturdy step ladder when hanging decorations. Avoid using chairs or unstable surfaces that can lead to falls.
  • Check for Damage: Inspect holiday lights and electrical decorations for frayed wires or broken sockets before use. Replace any damaged items.
  • Secure Decorations: Ensure all decorations are securely attached and out of reach of pets and small children to prevent accidents and choking hazards.

2. Cooking and Baking Safely: Holiday meals are a centerpiece of celebrations, but the kitchen can be a high-risk area if not handled properly.

  • Stay Attentive: Never leave cooking unattended. Keep an eye on pots and pans to avoid fires.
  • Handle Hot Items Carefully: Use oven mitts or potholders when handling hot dishes. Avoid placing hot cookware directly on countertops.

3. Driving Safety: Many people travel during the holidays, making road safety crucial.

  • Prepare Your Vehicle: Ensure your car is in good working condition, with proper tire pressure and sufficient antifreeze. Check your brakes, lights, and wipers.
  • Avoid Distractions: Stay focused on driving and avoid using your phone or other distractions. Keep a safe distance from other vehicles.
  • Drive Responsibly: Adhere to speed limits and adjust your driving to weather conditions. If you plan to drink, arrange for a designated driver or use a ride-sharing service.

4. Home Safety Tips: Maintaining a safe environment at home can prevent accidents and injuries.

  • Keep Walkways Clear: Ensure that walkways and driveways are clear of ice, snow, and other obstructions to prevent slips and falls.
  • Fire Safety: Install and maintain smoke alarms in your home. Keep a fire extinguisher accessible and know how to use it.

The holiday season is a wonderful time to create lasting memories with family and friends. By following these safety tips, you can help prevent accidents and injuries, allowing you to fully enjoy the festivities. At Losi & Gangi, we wish you a safe and happy holiday season. If you have any questions or need further assistance, don’t hesitate to reach out to us.

Nov 11
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Understanding Product Liability: Your Rights as a Consumer

By News

At Losi & Gangi, we believe that every consumer should be informed about their rights, especially when it comes to product safety. Product liability is a crucial area of law that ensures consumers are protected from harm caused by defective or dangerous products. Here’s what you need to know about product liability and your rights as a consumer.

What is Product Liability?

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have for producing or selling products that are defective or pose a danger to consumers. If a product is flawed and causes injury or damage, those responsible for the product can be held liable. This area of law is designed to protect consumers from harm and ensure that they can seek compensation for their losses.

Types of Product Defects

Product liability cases typically fall into three categories:

  1. Design Defects: These occur when a product is inherently dangerous due to its design. Even if the product is manufactured correctly, a flawed design can make it unsafe. For example, a car with a design flaw in its brakes might pose a risk to drivers.
  2. Manufacturing Defects: These defects arise during the production process. A product might be designed safely but become dangerous due to errors or negligence in manufacturing. An example is a batch of medications where one bottle contains a harmful substance due to a mistake in the production line.
  3. Marketing Defects: Also known as “failure to warn,” these occur when a product lacks proper instructions or warnings about its safe use. For instance, a household cleaner that doesn’t include adequate safety warnings about its potential hazards could lead to injuries.

Your Rights as a Consumer

As a consumer, you have several important rights when it comes to product liability:

  1. Right to Safe Products: You have the right to expect that the products you purchase are safe for their intended use. Manufacturers and sellers are legally required to ensure their products do not pose unreasonable risks.
  2. Right to Compensation: If a defective product causes injury or damage, you have the right to seek compensation. This can cover medical expenses, repair or replacement costs, lost wages, and pain and suffering.
  3. Right to Information: You should receive clear and accurate information about the products you buy, including proper usage instructions and safety warnings. If a product lacks necessary warnings or instructions, it may be considered defective.
  4. Right to Take Legal Action: If you are harmed by a defective product, you have the right to pursue legal action against the responsible parties. This can involve filing a claim or lawsuit to hold manufacturers, distributors, or retailers accountable.

Steps to Take If You’re Affected

  1. Document the Issue: Keep detailed records of the product, including receipts, packaging, and any evidence of the defect or injury. This information will be crucial for any legal claims.
  2. Seek Medical Attention: If you’re injured, get medical help immediately and keep records of your treatment and expenses.
  3. Report the Problem: Inform the manufacturer or seller about the defect. They may offer a refund or replacement, but this doesn’t replace the right to seek legal action if necessary.
  4. Consult an Attorney: If you believe you have a product liability claim, consult with an attorney who specializes in this area. They can help you understand your rights and guide you through the legal process.

Understanding your rights in product liability cases is essential for protecting yourself as a consumer. At Losi & Gangi, we are dedicated to providing you with the knowledge and support you need. If you have any questions about product liability or need legal assistance, don’t hesitate to reach out to us. We’re here to help ensure that your rights are upheld and that you receive the justice you deserve.

For more information or to schedule a consultation, contact us today! 716.854.1446.

Oct 11
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The Role of Social Media in Personal Injury & Workers’ Compensation Cases: What You Need to Know

By Personal Injury

In today’s digital age, social media has become an integral part of our lives. From sharing personal updates to connecting with friends and family, platforms like Facebook, Instagram, and Twitter shape how we communicate. However, social media also plays a significant role in personal injury cases, often influencing the outcome in ways you might not expect. Here’s what you need to know about the impact of social media on personal injury claims.

1. Evidence Collection

Social media can serve as a treasure trove of evidence in personal injury cases. Insurance companies and opposing counsel may scour your profiles for any posts, photos, or comments that could be used to dispute your claims. For instance, a seemingly innocent photo of you engaging in activities shortly after an accident could be used to challenge the severity of your injuries.

2. Inconsistencies in Your Story

Inconsistencies between what you post on social media and what you tell your attorney can jeopardize your case. If you claim to be unable to participate in certain activities due to your injuries but post photos of yourself doing just that, it can weaken your credibility. It’s crucial to maintain consistency in your narrative, both online and offline.

3. Privacy Settings Matter

Many people assume that setting their social media accounts to private will keep their information safe. While this can help to some extent, it’s important to remember that anything you post could still be accessible through legal discovery processes. Be cautious about what you share, and consider limiting your social media activity during your case.

4. Understanding the Risks of Sharing

While sharing updates about your recovery can be therapeutic, it’s essential to consider the potential legal ramifications. Avoid posting about your case, discussing your injuries in detail, or making any statements that could be interpreted as an admission of fault or negligence.

5. The Importance of Digital Footprint Management

As a personal injury victim, managing your digital footprint is critical. Before filing a claim, it’s wise to conduct a thorough review of your social media accounts. Remove any posts or photos that could be misconstrued, and consider taking a temporary break from social media until your case is resolved.

6. Potential for Positive Outcomes

On the flip side, social media can also be leveraged positively in personal injury cases. Supportive comments from friends and family, updates on your recovery, and posts highlighting your struggles can help humanize your situation and demonstrate the impact of the injury on your daily life. Sharing your story can evoke empathy and provide a more comprehensive understanding of your circumstances.

7. Consult with Your Attorney

Ultimately, the best course of action when it comes to social media and your personal injury case is to consult with your attorney. They can provide specific guidance on how to handle your online presence throughout the legal process. Follow their advice closely to ensure that your social media activity doesn’t unintentionally harm your case.

Social media is a double-edged sword in personal injury cases. While it can provide valuable evidence, it can also undermine your claims if not handled carefully. Being mindful of your online presence, maintaining consistency in your story, and consulting with your attorney can help safeguard your case. Stay informed, stay cautious, and protect your rights.

Sep 16
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Navigating the Workers’ Compensation Appeal Process: Your Guide to Understanding and Overcoming Denials

By News, Workers Compensation

Navigating the complex landscape of workers’ compensation claims can be daunting, especially when faced with a denial. At Losi & Gangi, we’re here to guide you through the appeal process step-by-step, ensuring your rights are protected and advocating for the benefits you deserve.

Understanding the Denial

When your workers’ compensation claim is denied, it’s crucial to understand the reasons behind the decision. Common reasons for denial include insufficient medical evidence, missed deadlines, or disputes over the cause of the injury. Our experienced attorneys will thoroughly review your case to pinpoint the grounds for denial and develop a strategic plan for your appeal.

Initiating the Appeal

The appeal process begins with filing a formal appeal with the appropriate workers’ compensation board or commission. This involves submitting a detailed appeal letter outlining the reasons for disagreement with the denial and providing supporting documentation. Our team will ensure all necessary paperwork is completed accurately and within the designated time frame to avoid further delays.

Gathering Evidence and Documentation

Central to a successful appeal is compelling evidence to support your claim. This may include medical records, witness statements, expert opinions, and any additional documentation relevant to your case. Our attorneys work diligently to gather and present this evidence in a clear and persuasive manner, strengthening your appeal.

Preparing for Hearings and Mediations

In some cases, appeals may involve hearings or mediations where your case will be reviewed by a judge or mediator. Losi & Gangi will prepare you thoroughly for these proceedings, ensuring you understand your rights and responsibilities. We advocate vigorously on your behalf, presenting your case with confidence and expertise.

Advocating for Your Rights

Throughout the appeal process, our priority is advocating for your rights and ensuring you receive fair treatment under the law. We leverage our extensive experience in workers’ compensation law to challenge denials and pursue the benefits you rightfully deserve.

Why Choose Losi & Gangi?

At Losi & Gangi, we have a proven track record of success in handling workers’ compensation appeals. Our dedicated team of attorneys is committed to providing compassionate and effective legal representation, guiding you through every step of the appeal process with personalized attention and care.

Contact Us Today

If your workers’ compensation claim has been denied, don’t wait to seek legal guidance. Contact Losi & Gangi today to schedule a consultation and learn how we can help you navigate the appeal process effectively.

Aug 12
Love1

Navigating Legal Waters: Key Considerations for Slip and Fall Accidents

By News, Personal Injury

Slip and fall accidents are more than just an inconvenience; they can lead to serious injuries and legal complexities. Whether you’re a property owner, a victim, or simply interested in understanding your rights, it’s crucial to grasp the legal framework surrounding these incidents. Here’s a comprehensive guide to navigating the legal considerations for slip and fall accidents.

Understanding Liability:

Determining liability in slip and fall cases often hinges on proving negligence. Property owners have a duty to maintain safe conditions for visitors. Factors considered include:

  • Ownership and Control: Who owns or manages the property where the accident occurred? This determines the party responsible for upkeep and safety.
  • Negligence: Did the property owner or occupier fail to take reasonable steps to prevent the accident? This might involve inadequate maintenance, failure to warn of hazards, or disregarding safety regulations.

Key Legal Concepts:

  • Comparative Negligence: In some jurisdictions, if the victim is partially responsible for the accident (e.g., not paying attention to obvious dangers), their compensation may be reduced proportionally.
  • Statute of Limitations: There’s a limited timeframe within which a victim can file a lawsuit after the accident. It varies by jurisdiction, typically ranging from one to six years.

Documenting the Incident:

  • Medical Records: Promptly seeking medical attention is crucial for both health and legal purposes. Detailed records of injuries sustained due to the fall strengthen your case.
  • Witness Statements and Evidence: Statements from witnesses and physical evidence (e.g., photographs of the hazard) can substantiate your claim.

Steps to Take:

  • Report the Incident: Inform the property owner or manager immediately. Request a written report and keep a copy for your records.
  • Consult Legal Counsel: A personal injury attorney specializing in slip and fall accidents can provide invaluable guidance. They’ll assess your case, negotiate on your behalf, and represent you in court if necessary.

Prevention and Awareness:

For property owners and managers:

  • Regular Inspections: Implement routine inspections and maintenance to identify and address hazards promptly.
  • Clear Communication: Display warning signs for potential hazards like wet floors or uneven surfaces.

Navigating the aftermath of a slip and fall accident involves understanding legal nuances, gathering evidence, and possibly seeking legal representation. Whether you’re a victim or a property owner, awareness of your rights and responsibilities is essential.

At Losi & Gangi, we understand the complexities of slip and fall cases. Our experienced team is dedicated to helping you navigate the legal process and secure fair compensation. Contact us today to learn more about your options and how we can assist you.

Remember, being informed and proactive can make a significant difference in the outcome of such incidents. Stay safe and informed!

Jul 15
Love1

Unraveling Common Myths About Personal Injury Claims

By Uncategorized

In the realm of personal injury law,misinformation often abounds, leading to confusion and misunderstanding among those seeking compensation for their injuries. Separating fact from fiction is crucial for anyone navigating the complexities of a personal injury claim. Let’s debunk some of the most common myths surrounding this area of law.

Myth 1: You Can’t File a Claim If You’re Partially at Fault Reality: Contrary to popular belief, you may still be entitled to compensation even if you bear some responsibility for the accident. Many jurisdictions follow comparative negligence laws, where your compensation is reduced by your percentage of fault. Consulting with a personal injury attorney can help you understand your rights and options in such cases.

Myth 2: You’ll Get a Windfall Settlement Reality: While substantial settlements do occur, they’re not guaranteed in every case. The value of your claim depends on various factors, including the extent of your injuries, medical expenses, lost wages, and the skill of your legal representation. Beware of exaggerated promises from anyone guaranteeing specific outcomes.

Myth 3: You Must Go to Court for Every Claim Reality: Most personal injury claims are resolved through negotiation or settlement outside of court. Litigation is typically a last resort when parties can’t reach a fair agreement. Skilled negotiators can often secure favorable settlements without the need for a trial, saving time, money, and emotional stress.

Myth 4: Only Physical Injuries Qualify for Compensation Reality: Personal injury law encompasses a wide range of harms beyond physical injuries. Emotional distress, psychological trauma, and financial losses such as property damage and lost earning capacity may also be compensable. Consulting with an experienced attorney can help you assess the full extent of your damages.

Myth 5: Hiring a Lawyer Is Too Expensive Reality: Many personal injury attorneys workon a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows injured individuals to access legal representation without upfront costs. Additionally, lawyers can often negotiate lower medical bills and liens, maximizing your net recovery.

Dispelling common myths about personal injury claims is essential for ensuring that individuals understand their rights and pursue fair compensation for their injuries. By seeking reliable information and enlisting the assistance of qualified legal professionals, you can navigate the claims process with confidence and achieve the best possible outcome for your case.

If you have any questions or think you may be eligible for compensation please call us today, 716.854.1446.

Jun 17
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Knowing and Understanding Your Rights in a Personal Injury Lawsuit

By Uncategorized

In the aftermath of a personal injury, understanding your rights can be empowering. At Losi & Gangi Attorneys at Law, we believe that knowledge is key to navigating the legal landscape successfully. In this blog post, we’ll delve into the crucial aspects of knowing and understanding your rights in a personal injury lawsuit.

  1. Know Your Right to Compensation:
    • Every individual has the right to seek compensation for injuries caused by someone else’s negligence.
    • Understanding the types of damages you may be entitled to, such as medical expenses, lost wages, pain and suffering, and more, is essential.
  1. Understand the Statute of Limitations:
    • It’s important to be aware of the statute of limitations, which sets the time limit within which a lawsuit must be filed.
    • Failure to file within this timeframe could result in the loss of your right to seek compensation.
  1. Know Your Right to Legal Representation:
    • You have the right to seek legal representation to ensure your rights are protected and advocated for.
    • Choosing an experienced personal injury attorney, like those at Losi & Gangi, can greatly enhance your chances of a successful outcome.
  1. Understand the Legal Process:
    • Familiarize yourself with the legal process involved in a personal injury lawsuit, from filing a claim to negotiating with insurance companies or going to trial.
    • Knowing what to expect can help alleviate stress and uncertainty throughout the process.
  1. Know Your Right to a Fair Settlement:
    • Insurance companies may offer settlements that are lower than what you deserve. It’s crucial to understand your right to negotiate for a fair settlement.
    • A skilled attorney can help you assess the value of your claim and negotiate on your behalf to secure the compensation you deserve.

At Losi & Gangi Attorneys at Law, we’re committed to helping you understand and assert your rights in a personal injury lawsuit. By knowing your rights and having a knowledgeable legal team on your side, you can navigate the complexities of the legal system with confidence. If you’ve been injured due to someone else’s negligence, don’t hesitate to reach out to us for a consultation. Your rights matter, and we’re here to protect them.

Apr 01
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Common Myths Surrounding Workers’ Compensation

By Workers Compensation

Workers’ compensation serves as a critical safeguard for employees, offering financial assistance and medical support in the wake of work-related injuries or illnesses. Nevertheless, misconceptions and falsehoods often cloud the understanding of this vital system. In this blog post, we aim to debunk prevalent myths surrounding workers’ compensation, empowering both employees and employers with accurate information to navigate this process effectively.

Myth 1: Workers’ compensation is solely for severe injuries.

While workers’ compensation does cover severe injuries like fractures or traumatic incidents, its scope is far broader. It encompasses various conditions, including repetitive strain injuries such as carpal tunnel syndrome, occupational diseases arising from workplace exposure, and mental health issues triggered by job-related stress.

Myth 2: Filing a claim will lead to retaliation from my employer.

Fear of retaliation often deters employees from seeking the benefits they rightfully deserve. However, workers’ compensation laws protect against employer retaliation. Employers cannot lawfully terminate or discriminate against employees for filing legitimate claims. In fact, it’s illegal to retaliate against employees for exercising their rights under workers’ compensation laws.

Myth 3: If the injury occurred outside of the workplace, I’m not eligible for benefits.

While workers’ compensation primarily covers injuries sustained on the job site, it also extends to injuries occurring during work-related activities outside of the workplace. This could include injuries sustained while traveling for work, attending work-related events, or running errands for your employer. As long as the injury is connected to your employment duties, you may be eligible for workers’ compensation benefits.

Myth 4: I can handle my workers’ compensation claim without legal representation.

While it’s possible to navigate the workers’ compensation process independently, seeking legal counsel can significantly enhance your chances of receiving full and fair benefits. Workers’ compensation laws can be complex, and insurance companies may attempt to minimize payouts. A knowledgeable attorney can advocate for your rights, navigate legal complexities, and ensure you receive the compensation you deserve.

Workers’ compensation is a crucial safety net for employees, offering financial stability and medical assistance during challenging times. Clearing up misunderstandings fosters a healthier work environment where both employees and employers can thrive.

If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Mar 13
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Understanding the Benefits of Workers’ Compensation for Work-Related Injuries

By News

Work-related injuries can have a significant impact on individuals, both physically and financially. Whether it’s a slip and fall accident, repetitive strain injury, or a more severe incident, employees deserve compensation for injuries sustained on the job. Understanding the benefits available through workers’ compensation can help injured workers navigate the process and receive the support they need.

At Losi & Gangi, we are committed to advocating for injured workers and helping them secure the compensation they deserve. In this blog post, we will explore the benefits that claimants can expect to receive following a work-related injury.

  • Medical Treatment Coverage: One of the primary benefits of workers’ compensation is coverage for medical treatment related to the injury. This includes doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical expenses. Injured workers can receive the care they need without worrying about the financial burden.
  • Lost Wages Compensation: In addition to medical treatment, workers’ compensation provides compensation for lost wages during the recovery period. If the injury prevents the employee from working temporarily or permanently, they may be eligible to receive a portion of their wages to help cover living expenses and support their families.
  • Vocational Rehabilitation Services: For workers who are unable to return to their previous job due to the injury, workers’ compensation may cover vocational rehabilitation services. These services help injured employees acquire new skills or training to transition into a different role or industry that accommodates their physical limitations.
  • Permanent Disability Benefits: In cases where the injury results in permanent impairment or disability, workers’ compensation provides benefits to compensate for the loss of earning capacity. The amount of compensation depends on the extent of the disability and its impact on the individual’s ability to work and earn a living.
  • Death Benefits: Tragically, some work-related injuries result in fatalities. In such cases, workers’ compensation provides death benefits to the surviving dependents of the deceased worker. These benefits may include compensation for funeral expenses and ongoing financial support for the deceased employee’s spouse, children, or other dependents.
  • Legal Assistance and Advocacy: Navigating the workers’ compensation process can be complex, especially when dealing with insurance companies and legal requirements. Working with an experienced attorney, such as those at Losi & Gangi, can help injured workers understand their rights, gather necessary documentation, and navigate the appeals process if their claim is denied.

Workers’ compensation provides crucial benefits to employees who suffer work-related injuries. From medical treatment coverage to lost wages compensation and vocational rehabilitation services, injured workers can receive the support they need to recover and move forward with their lives. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance and pursue the compensation you deserve.

Contact Losi & Gangi today for a complimentary consultation to discuss your workers’ compensation case and take the first step towards securing the benefits you are entitled to. Our dedicated team is here to advocate for your rights and help you obtain the compensation and justice you deserve.

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