Can You Claim For Emotional Distress?

Falling and getting a concussion, breaking a bone or suffering from a serious laceration as a result of another’s negligence are common injuries people think of when they’re talking about personal injury law. Injury claims such as these have evidential aspects that are easier to prove. External injuries are visible and possible internal injuries can be proven with X-rays or other medical scans. Claims for mental pain and suffering and emotional distress aren’t as easily proven but are still genuine to the individual suffering.

 

What is Emotional Distress?

Emotional distress is defined by Merriam-Webster as “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought”.

Damages for emotional distress may be recovered whether there was intentional or negligent behaviour. In cases where negligent actions resulted in emotional distress, the plaintiff is generally required to have also suffered from a physical injury.

Signs & Symptoms
Too much of anything can affect a person. If you eat too much cake, you will end up with a stomach ache. Listening to upbeat, energetic music repeatedly can cause you to feel certain emotions such as happiness or excitement. Similarly, too much stress can lead to both emotional and physical symptoms. Knowing these signs and being able to identify them can help you reduce and learn to manage them.

Healthline outlines some of the emotional signs to pay attention to.

  • Depression
  • Anxiety
  • Irritability & mood swings
  • Problems concentrating or remembering things
  • Compulsive behaviour

 

How Can It Be Proven?

The burden of proof falls on the victim when it comes to emotional distress lawsuits. Since emotional distress is mainly psychological, it becomes even more difficult to prove in court. Unlike a broken arm where an X-Ray can allow for a visual of the injury, there is no physical evidence to prove an injury has even occurred when it comes to mental health.

Andrew Lu describes some of the ways you might be able to prove your emotional distress claim.

  • Intensity

The more intense one’s mental suffering, the more likely it can be to prove. However, cases claiming negligence against another party often require some kind of physical injury to be present.

  • Duration

Proving the pain is consistent, reoccurring and stays with you for a significant period, like PTSD.

  • Related bodily harm

Proving a related injury, like migraines or ulcers, can help point to signs of distress.

  • Underlying cause

An extreme situation that brought on emotional distress (e.g. surviving a bombing) is more likely to show a court emotional distress was brought on by a traumatic incident. As opposed to a car accident where no one suffered any injuries.

  • Doctors note

This will help support your claim and should be incorporated for this exact purpose.

 

How to Manage Stress

 

Luckily, there are things you can do to help manage and even reduce your stress. Identifying the source of your stress is the starting point for addressing your emotional symptoms.

As explained by the American Institute of Stress, there are several ways to manage stress. It’s important to find techniques that are right for you; nothing is universal when it comes to stress management. Some may find taking a hot yoga class to be relaxing while another could find it quite boring and become irritated.

  • Participating in physical activity; running, playing sports, dance etc.
  • Calming activities; meditating, yoga etc.
  • Listening to music, reading, writing in a journal/diary etc.
  • Getting a massage or attending a therapy session (private or group)

Claiming emotional distress is a complicated and overwhelming process. Involving an experienced personal injury lawyer, like Dye and Russell, to help guide you through your case is the easy part, and the first step in your road to recovery.

 

If you or someone you know is suffering from emotional stress due to the negligence of another, a workplace incident or traumatic event, contact the experienced team at Dye and Russell today.

Skye OliverCan You Claim For Emotional Distress?
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11 Ways to Manage Your Chronic Pain

If there’s one thing that makes day to day activities or tasks more difficult, it’s chronic pain. That constant throbbing in your neck, sharp pains in your back or aching in your knees. So many people spend countless hours trying to relieve their pain or symptoms with no satisfaction. Common ailments linked to chronic pain can include injuries received in a motor vehicle accident, slip, trip or fall or more severely as a result of a catastrophic or traumatic accident.

To give you a hand this holiday season and to help bring some relief to your suffering, we’re sharing WebMD’s list of 11 tips for living with chronic pain. Some of these you might be more familiar with, some may be new, but everything is worth a try once!

 

  1. Relax using deep breathing or meditation practices

When we’re stressed, our muscles can become tense and tight. Practicing deep breathing or forms of meditation can reduce these symptoms and help you relax. Having a gentle massage or taking time to focus on clearing your mind are other ways to combat tension.

  1. De-stress

Did you know that feelings of depression, anxiety, and anger can increase the intensity of chronic pain? Learning to manage these types of emotions has been said to provide some relief. There are several ways that you can de-stress. For example, listening to calming music can uplift your mood or writing out your emotions in a journal.

  1. Exercise

This is a popular way to deal with injuries. When you exercise your body naturally release endorphins which help improve your mood. Exercise in general is good for your health, it keeps your blood pressure regular, cholesterol levels normal and decreases risks for heart diseases. It also strengthens your muscles which, when strong, limit the chance of reinjuring yourself and reduces chronic pain symptoms.

  1. Limit alcohol intake

When you deal with chronic pain, getting a proper restful night’s sleep is next to impossible. Having a drink to take the edge off may seem like a good idea. However, unlike popular belief, alcohol can make sleep problems worse. Limiting how much you drink alcohol can help improve your quality of sleep.

  1. Connect with others

It’s natural to associate with people who have similar traits to you or like interests. Going to group meetings with others who’ve been in serious motor vehicle accidents or are now suffering from side effects of others negligence keep you from feeling alone. Connecting with people who are also suffering from the same or similar chronic injury or disease can evoke the same feelings of belonging. Others may also offer symptom relief methods or practices that you may not have tried.

  1. Don’t smoke

Reduced circulation levels are a known side effect of smoking. This can intensify any circulation conditions and further increase the risk of heart disease and cancer.

  1. Track pain levels

Keeping your doctor informed about how you are feeling helps them provide the proper care. Between visits, track how you are feeling in a journal. Using a scale of 1 – 10 and listing out activities or things done that day can help pinpoint what triggers higher pain levels. Sharing this with your doctor can help in the management of chronic pain. This can also be useful if you’ve suffered an injury at work, such as a slip and fall, and need detailed documentation for medical appointments.

  1. Give Biofeedback therapy a try

This method of therapy is new to us. Biofeedback claims to allow you to control various body functions. Using sensors, you can “hear” or “see” different body functions. It’s displayed on monitors as squiggly lines that you eventually learn to control these functions using your biological system.

  1. Get a massage

Quite possibly the most widely used form of stress and chronic pain relief. Massages alleviate the tension in your muscles and allow for complete relaxation. Those who suffer from back and or neck pain as a result of a slip and fall or motor vehicle accident find this method of relief a fantastic way to manage their symptoms.

  1. Eat a well-balanced diet

Believe it or not, what you eat plays a part in how you feel. Eating a well-balanced diet keeps your digestive system running well, reduces risk of heart disease and keeps your weight under control.

  1. Get distracted!

Get out and get your mind off things. Sitting around and thinking about your bad knee, cursing the sidewalk for causing you to slip and fall doesn’t make things better, in fact it does the opposite. Doing something you enjoy will take the focus off your pain and instead keep you preoccupied with the activity at hand.

 

If you experience chronic pain due to a motor vehicle accident, slip, trip or fall or other traumatic accident and are being treated unfairly, you might need legal assistance. Call #1000 on your cell phone for free. We will offer you a free claim assessment.

Skye Oliver11 Ways to Manage Your Chronic Pain
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What You Should Consider When Disputing an Insurance Claim

 

Everyone knows that dealing with the big insurance companies can give you a headache and have you running around in circles with no answers. Policies can be so complex that sadly, insurance companies have often used their inside knowledge to take advantage of insureds through policy loopholes. This can leave insureds at a standstill in regards to their insurance claims and even result in a claim being denied.

Insurance is one of those things that you love to hate but have it anyways. It gives you and your family the protection they will need if something should happen to them or yourself. However, even if you are paying your bill on time each month and never miss a payment, insurance companies will look to find the cheapest way to pay out your claim to save money for themselves, if they pay out at all. This can be the last thing you want to deal with when you’re faced with a loss.

Here are four steps to consider when resolving a dispute with an insurance company.

Gather information

  • Insurance policies aren’t always easily understood by the average person. Ask your agent, broker or insurance representative for clarification about your concern/issue. The rights and responsibilities of all parties are written within the policy (aka contract), however miscommunications can occur.
  • If you have general questions you can contact the IBC Consumer Information Centre (CIC). They can assist with basic questions about policy wording, coverage or how to proceed with a complaint

Get in touch with the insurance companies Complaint Liaison Officer or Ombudsperson

  • Licensed insurers have a complaint resolution process, and someone assigned to enforce this process. This role is regulated by the provincial regulator.
  • If you plan on making a complaint through this channel, be sure to state your complaint clearly, including the expected resolution. Be sure to have all your documentation readily available and take note of all persons you spoke with regarding the complaint as well as what was spoken about. Finally, give the Complaint Liaison Officer or Ombudsperson sufficient time to investigate & respond to your complaint.

Reach out to the GIO (General Insurance OmbudsService)

  • If you’ve gone through your insurers complaint processes and aren’t satisfied you can request a Final Position Letter and contact the GIO. The GIO is an impartial consumer dispute resolution system. It is in place to help you and the insurer resolve disputes about claim-related matters.

Take it to the Federal or Provincial level

  • If your dispute cannot be solved by the GIO, or if the insurance company isn’t a member of the GIO, you can take it a step further by contacting a Financial Consumer Agency of Canada.

Dye & Russell should be your first call if you’re having issues claiming insurance compensation. We have the experience and knowledge of the industry that keep us from being pushed around by policymakers. Let us handle the big insurance companies and take the stress away from you to get you what you deserve.

If you’ve experienced a claim denial or want to dispute a claim, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

 

Skye OliverWhat You Should Consider When Disputing an Insurance Claim
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Trick or Treat: Tips for Staying Safe on Halloween Night

The end of October is an exciting time for children and adults alike; Halloween is finally here. Some people wait for this day all year long, spending hours crafting the perfect costume. It’s a time that brings out creativity, great costumes, scary stories and who can forget the copious amounts of candy!

While trick or treating on Halloween night is fun for all ages, it’s also a time for heightened awareness of your surroundings. Here are our tips on keeping safe on the scariest night of the year.

  1. Avoid masks

Wearing something that covers the face reduces how well the person wearing the mask can see. It’s important that visibility isn’t compromised; cars, bikes and other hazards are around that may cause an injury if they aren’t seen properly.

  1. Wear light coloured clothing/costumes

Dark clothes such as black, brown or navy are hard to see at night. Staying in costumes or clothing that is lighter in colour makes you more visible to others.

  1. Make a plan with kids going without parents/adults

If your children are old enough to go out on their own, decide on a plan before they head out. Map out a route they must take/stay on, have them bring a cell phone and flashlight and remind them to avoid homes that are poorly lit and to never go into a stranger’s home.

  1. Check candy

Having a parent or guardian look through any goodies collected is very important. Sometimes candy or chocolates may have partially opened wrappers. This doesn’t always indicate the item has been tampered with, but it’s safest to throw it away anyways.

  1. Stay on the sidewalk

Trick or treating happens at night, when it’s dark and generally lacks good lighting. Darting out on the road or running back and forth across the street is unsafe and can potentially lead to serious injuries. Keeping on the sidewalk means not just pedestrians stay safe, but those that are out driving as well.

  1. Bring a flashlight & cell phone

In the event of any emergency it’s a good idea to have a flashlight and cell phone on hand. If something is dropped, a flashlight will make it easier to see. Flashlights also make it easier for other people to see you. A cell phone comes in handy if an emergency phone call needs to be made or to keep track of an older child who is trick or treating on their own.

  1. Remove walkway clutter or potential hazards

The excitement that comes along with free candy can cause for lack of awareness of the surrounding area. Keep kids and adults safe and remove any tripping hazards from the sidewalk or porch area of your home. Keeping this area well lit will also help eliminate potential dangers.

  1. Share the streets

Not exceeding the speed limit, staying alert and avoiding distractions will help you and others stay safe and enjoy the night. All motorists should exercise additional caution when driving through neighbourhoods and school zones. Pedestrians should keep in mind that costumes and lack of light make for poor driving conditions; don’t assume drivers can see you. Adding something reflective to your costume is a helpful way to remain seen.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

Skye OliverTrick or Treat: Tips for Staying Safe on Halloween Night
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Choosing The Right Personal Injury Lawyer

Deciding on a Personal Injury Lawyer can be an intimidating process. And it certainly isn’t your first thought when you’ve been involved in a traumatic accident. We all know accidents can happen, but we never seem to think they’ll happen to us. Being prepared in the event of an accident can help alleviate the stress and anxiety that can occur as a result.

If you find yourself in a situation where you need the expertise of a Personal Injury Lawyer, here is our guide on choosing the right one.

Recommendations

First and foremost, we suggest talking with various family members, friends, coworkers or another trusted source. These people generally have your best interests at heart and are more likely to recommend someone they’ve had a good experience with. There is also no financial incentive to be gained from these recommendations.

Specialized

Ensure the Personal Injury Lawyer you decide to retain is solely focused on practicing Personal Injury Law. Choosing a law firm that has extensive knowledge and experience makes the process easier for you and allows you to focus on recovering from your injuries.

Resources

Going up against big insurance companies doesn’t just require experience, it also requires having resources available to do so. The lawyer you choose to represent you should have the resources to spend whatever is needed so that your case can be properly built and presented to the insurance company that will be responding to your claim.

Support

Gaining access to benefits and or funds that you’ll need during the recovery process is something your lawyer should be able to provide assistance with. Having these resources available you without issue can help lift a weight off your shoulders in the wake of an accident.

Expectations

When you find yourself going through the claim process it’s important that you understand what to expect along the way. Your Personal Injury Lawyer should be able to explain the claims process in a way that you understand and set your expectations for the process going forward. If they can’t, it’s a sign they may lack the experience required.

Confidence

Having confidence in your lawyer and their abilities shouldn’t be negotiable. When deciding on who will represent you, you should feel comfortable, it should be natural and in no way forced. Having someone who ensures you understand the claims process is of great value. If you don’t feel comfortable speaking with your lawyer, it’s time to rethink who represents you.

Dye & Russell Personal Injury Lawyers have a wealth experience and do whatever it takes to settle your case for nothing less than what you deserve.

If you or someone you love has been injured by another party’s negligence, we can help with the recovery journey. If you have additional questions about personal injury contact Dye & Russell toll free at 1-877-883-6171 or fast dial #1000 free from your cell and we’ll get you the support you need.

Skye OliverChoosing The Right Personal Injury Lawyer
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Working and long-term disability

What you need to know

After an injury you face a number of uncertainties—especially if one of them is determining whether or not you can continue to work in the role you were in before your injury.

Wondering whether or not you will be able to support yourself, your family and wondering what your financial future will look like can leave you feeling helpless and worried, but there are a number of paths ahead of you to help you get the support that you need.

Returning to work

While on your recovery journey sometimes victims of personal injury can recover to a point where they can return to the work you did before your injury.

Returning to different work

However, unfortunately this isn’t always possible. If you are not able to return to the point where you are able to return to the work you did before your injury, there may be different professions or roles you could pursue with your disability in a new chapter of your life. As difficult this can be, it can open up a new path for you in your life to do different work that also feels rewarding.

Insurance

But, if you are not able to return to work there are a number of resources available to you. If you are covered by short-term or long-term disability insurance this is an outlet to get financial benefits if you are unable to return to work.

Canadian Pension Plan

Another possible way to receive the benefits you need could be through the Canadian Pension Plan (CPP). The CPP has a number of different benefits to help those who are disabled and their families.

No matter where your recovery journey leads you when it comes to your work life it’s important to have an expert to help you secure the legal, financial and personal support necessary following an accident. Dye and Russell is here for you.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

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How self-care can help injury recovery

Self-care—it’s one of those buzz words that’s been floating around, entering the everyday and medical world. But what does it really mean?

The fact that self-care is very personal and situational can make it hard to define, but a general definition is that self-care is “any necessary human regulatory function which is under individual control, deliberate and self-initiated.”

Practicing self-care can be a valuable practice that can be catered to anyone’s recovery journey. While your individual injury and situation can dictate what you are capable of doing for yourself (and what will work for you), incorporating self-care into your life can be a key skill to aid in your recovery and adjusting to your new life post-injury. It can help you put yourself in charge of your recovery.

Physical Self-care

After an injury it is likely that your physical needs will change. Whether that’s how long you need to sleep for every night or your eating habits, talking to your doctor about the physical aspects of your life that you will need to adjust after your injury is key to equipping yourself with the knowledge required to make the life adjustments you need.

Making sure you are getting the appropriate amount of sleep can ensure that your body can get the rest it needs to help itself repair. Eating nutritious food that fuels your body is important to giving yourself what you need during and after recovery. Also doing activities within your abilities to energize your body can help you feel better, like stretching, swimming, running, doing yoga, etc.

Mental Self-care

An injury can bring a lot of stress into your life. While stress can be helpful by giving you the ability to deal with challenges and threats you face, lots of it over time can take a toll on you. What helps people destress is a very personal thing. If you already know things that help you destress make time for them in your life. But, if you don’t know what can help you destress, or if you are no longer able to do what used to help you relax before your injury try some new ways and see what works. Taking a long bath, starting a meditation practice, and/or finding a new hobby are all things that could help.

Emotional Self-care

Self-care can also help you cope with the emotional toll an injury can take on your life. Spending time to dedicate to your emotional health, like seeing a counselor, journaling, taking time to talk and spend time with people you love and/or writing down gratitude lists can help

you be with the range of emotional challenges an injury can force you to experience. Among them learning to adjust to your life post-injury can be difficult. Trying to write a new mission statement for your life going forward is a great way to frame your new perspective of success and fulfillment.

Self-care after an injury makes you an empowered member of your circle of care—the team that is there to help you on your recovery journey. Another important member of your circle of care is a personal injury lawyer that can secure the legal, financial and personal support necessary following an accident. That’s where Dye and Russell can be there for you following your accident.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

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Summer BBQ safety tips

There are few things that go better with a summer evening than a cold beverage and barbecue.  But barbecues can cause serious injury if they aren’t used properly. To help keep your summer full of delicious barbecue, as well as safe for you and your loved ones, here are some tips from The Government of Canada:

  1. Do a safety check

Before you start barbecuing it’s important to do a safety check of your grill—especially if it hasn’t been sitting unused for a long period of time. Look for blocked burners, damaged seals and leaks in the hoses or fittings. To check for leaks in the hose or fittings coat the hose and fittings with a soapy water solution. If bubbles form and grow that’s a sign of a leak.

Also, make sure your grill is clean. Cleaning excess grease or fat build-up on your barbeque can remove a source of fuel for dangerous flare-ups and help keep you safe.

  1. Make sure it’s in a safe location

How you position your grill can prevent a fire from happening. Barbeques should be used outdoors (not indoors or under overhangs, enclosures, etc.) in a well-ventilated area and be at least three meters away from any building on an even surface. Also, keep an eye out for other items nearby that could catch fire, like umbrellas or hanging baskets.

  1. Turn on with caution

Before you even think about grilling it’s important that you have read the instructions that came with from the barbecue’s manufacturer to get to know your grill and how to operate it properly.

While going about lighting your barbeque never have the lid closed or lean over the barbeque. If you’re using a gas-powered grill and it doesn’t light right away turn off the gas valve and wait for the gas to go away before re-lighting.

  1. Have the proper tools handy

Preventing an injury can only happen if you’re ready. Make sure you prevent burns by cooking with long-handled utensils and heat-resistant mitts. Have a spray water-bottle handy to help manage flare-ups and a fire extinguisher close in case of a fire.

Also, be very careful while using metal-bristled barbeque brushes. The bristles can come loose, stick to your grill and eventually end up in your food—which can result in serious digestive injuries. Inspect your brush and your grill carefully for loose bristles, throw away brushes when you notice bristles becoming loose, replace brushes often and consider buying non-metal barbeque brushes.

  1. Pay attention

While you’re barbequing never leave the grill unattended and be aware of how much food you are loading onto it. If a fire starts they spread quickly, so your grill needs constant attention. Also, over-loading your grill (especially with fatty meat) can cause an excess of oil or grease and create large flare-ups.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

 

 

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How to stay safe in the summer sun

Being outdoors and embracing the warm weather can be lots of fun. Whether you like going on adventurous hikes, swimming at the beach or playing in the backyard—whatever you love doing in the outdoors can create great memories for you and your loved ones. However, while the hot sun can make for a great time to be outdoors it also comes with dangers. It’s important to protect yourself, and those you love, to prevent an injury from happening and to stay safe.

Here’s what you should be paying close attention to:

Ultra violet rays

It’s important to protect yourself against the sun’s harsh rays while outdoors. Too much exposure to the sun’s ultra violet rays can cause burns, eye damage and lead to skin cancer.

While outdoors shade yourself by spending time in shaded areas rather than areas with direct sunlight and wearing a wide-brimmed hat (especially mid-day when the sun’s rays are strongest). Also, use a broad-spectrum sunscreen with a sun protection factor of at least 30 and make sure to reapply it at least every 2 hours.

Protect your eyes by wearing sunglasses that block a minimum of 99% of UV light and by never looking directly at the sun.

Heat

Exposure to heat can cause health issues like heat cramps, heat exhaustion and heat stroke (which is life-threatening). To help protect yourself and your loved ones from heat there are some simple preventative measures you can take.

While out and about never leave children or animals inside a vehicle as temperatures can rise quickly to dangerously hot levels. While you’re outdoors, wearing clothing that is light in colour and weight, as well as loose-fitting, can help you avoid absorbing the sun’s rays with dark colours. Also, staying hydrated is very important. Make sure to have lots of fluids with you to drink while avoiding caffeine and alcohol.

Try to avoid strenuous activities and scheduling events during the midday sun and heat. Check in on friends and family that don’t have air conditioning, and who spend much of their time alone. If you don’t have air conditioning finding air-conditioned locations that you can go to during midday heat (like cooling centers, libraries or malls) is a great way to avoid heat related illnesses.

While you can protect yourself from the sun while you’re out and about this summer, unfortunately sometimes you can get injured in other ways. If you or someone you love has been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

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Getting back to green: economic recovery after injury

Personal injury can seriously impair your personal finances. Injuries can upend all areas of life, including your career and finances. While much focus is given to physical recovery, financial recovery is crucial as well.

Your financial situation can tie into your mental and emotional recovery and, in turn, your physical recovery. Here are some tips for getting back to green after a personal injury:

  1. Consider a new line of work

An injury may make you unable to return to your past line of work (if it’s too unsafe or demanding). This can be very frustrating, especially if you were very passionate about your previous line of work or if you have been very successful in your career. However, there are other career possibilities ahead that may be better suited to you post-injury.

You may even find a new career that you love even more. If you’re able to work in any capacity it can do more than bring you increased financial stability and momentum. Working can also give you a new sense of identity, personal achievement, social contacts, skills development and a sense of structure—all of which can help with your mental health and in turn your physical health.

  1. Ask for help

If you have family or friends that would be able to help you financially consider asking them for help. You might be surprised by their willingness to help, especially if they have seen the effects of a personal injury on your life.

  1. Budget wisely

Recovering from injury can tighten up your finances. Budgeting is vital and can reduce risk of debt or insolvency. If this task seems monumental, ask for help from a family member or friend. Find unnecessary expenses, that you made prior to injury, and eliminate these.

Budgeting creates a solid financial basis for later success. It’s important, when budgeting, to assess your needs and wants differently and to be ruthless and honest with yourself and your finances.

  1. Get legal help

If you’ve been injured, damages may be owed to you. It’s crucial to ask for legal help. A personal injury lawyer can help you to navigate the best course of action. Further to this, they will be able to get you more money than an independent inquiry. These extra funds can be critical for seeing you through recovery.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment. Find out what you’re owed and start your journey back to green.

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