Personal Injury Should Be Well Taken Care Of

If there is ever a situation where a person is suffering terribly from an injury, disability or in worse case scenarios, even death, mostly due to a careless negligence of an individual, in such cases, the personal injury law covers these instances and extends its hand for help.

A severe injury can cost an individual to shell out a lot of money, sometimes an amount that the individual might not even be capable of paying, if you opt for a personal injury claim in such desperate moments then you are eligible to seek some compensation for the injury you have faced and the payment gets taken care of because of the claim.

Mostly this law covers all the kinds of injury that can possibly take place, these injuries can be of any type. It can either be something that can cause a lot of harm to your body or it can make you face some kind of emotional trauma as well. It can be anything and at anytime and having a claim especially for these kinds of injuries will help you in emergencies.

Be alert and be careful of every step you take.

Let us have a look at some of the tips that can help you get this claim:

• DO NOT DELAY TO GET SOME MEDICAL ATTENTION

The first and foremost step that you need to take when you get an injury is to seek out for medical help immediately and instantly. Do not under any circumstances delay that step because the more you delay it, the more serious it can get, therefore seek out for some medical help as soon as you find yourself in such a situation.

• BE CAREFUL OF THE STATEMENTS YOU MAKE

Be absolutely confident and clear in what you say in the accident scene. Do not say anything that might make the situation much more complicated than it already is or give rise to some kind of a conflict. Be clear in what you have to say and keep it straight when asked about it. This will help in dealing with the process much quickly.

• KEEP A CHECK ON ALL THE EXPENSES

This would include all the bills in the hospital. Be it expense bills; diagnose bills, medical bills or any other tests that you might have undergone. Have a record of all the expenses because it might be asked for when you go to claim for compensation. You can also keep a record of some lost wages that you might have faced due to missing work. Keep a track of everything.

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How to Complete a Self-Health Assessment Following a Car Accident

As soon as you are involved in a car accident, the first priority is to have your health and over-all condition assessed by a professional emergency medical technician on-site or at the hospital. For less serious car accidents, it is still important to assess your own health to be sure you are not suffering from a head, spine, or neck injury. The issue with these kinds of injuries is that they can become evident or worse as time passes. So you might seem fine after a car wreck, but can then start to develop symptoms later on that point toward neck and back injuries.

There are signs and symptoms to look for, as well as, tips to learn how to identify the difference between vague soreness and tenderness of muscles, and an actual serious injury. Continue reading for a post-accident health assessment guide and information about filing a car accident injury claim for injuries and damages sustained in a serious collision.

Checking On Your Health

Once you have been involved in a car accident, whether it was your own fault or not, is to seek immediate medical attention. As a car accidents happens, authorities are usually alerted almost immediately; either by someone involved in the wreck or a bystander. Police will ask if you or your passengers need to go to the hospital if it is not obvious or evident that someone is hurt. You can make this assessment yourself, or you can simply have an EMT check you out at the scene of the accident or at the hospital.

You can choose to ride in an ambulance for a faster commute to the hospital for emergencies, but for less serious and less evident injuries, you may choose to take yourself or have a loved one drive you. In other cases, you might feel like you are not injured enough for professional medical care, and pass up the opportunity to go to the hospital altogether. Once you are familiar with how to assess your own condition after an accident, you will be able to responsibly make the choice of seeking further medical assistance, or to care for yourself.

Here are some symptoms to look for immediately after, as well as, the days following a motor vehicle accident:

  • Headaches
  • Migraines
  • Soreness or Tenderness of Neck
  • Difficulty Breathing
  • Increased Heart Rate
  • Mental Confusion
  • Pain or Tenderness in Lower Back
  • Pain in Neck or Spine
  • Difficulty Standing
  • Pain When in the Seated Position
  • Swelling of Neck, Back, or Head
  • Redness or Abrasions on Body
  • Nausea or Dizziness
  • Blurred Vision
  • Slurred Speech
  • Bleeding
  • Broken Bones
  • Immobility

Any of these symptoms could be a sign of a more serious injury or internal damage. If you are experiencing more than three of the above symptoms, it is strongly encouraged to go to the hospital or to request an EMT at the sight of an accident. Concussions are one of the most common and overlooked head injuries that results from car accidents. And the problem with this type of injury is that a person can seem fine at first, only to later suffer serious consequences and health decline as a result of a neglected head, brain, or spine injury.

Filing a Car Accident Injury Claim
Contact a licensed personal injury lawyer for information about filing a car accident injury claim against a negligent party that caused you or a loved one serious harm following a traffic accident or collision. You may be entitled to compensation.
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A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

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Who’s Liable for Injuries Sustained in Public Transportation Accidents?

Public transportation is a wonderful asset for thousands of Americans all across the country. Buses, trains, subways, limousines, metros, taxi cabs, and more are just a few examples of the variety we have to choose from when it comes to public transport. As customers and clients, we generally trust that these choices are safe and reliable; but sometimes unexpected accidents happen.

If someone is injured while using public transportation, who is at-fault for their damages? There can be several outcomes when determining who is liable for accidents such as these. Continue reading to understand all the possible parties that might be liable, under law, for injuries sustained to public transient customers.

Public Transportation Traffic Accidents

When it comes to public transportation, buses are one of the most popular. Tickets are inexpensive, and some buses are complementary to individuals in the community. School buses are also widely used for public school transportation. With the rising popularity of public buses, more and more are on the roads every day. As a result, the number of bus accidents continue to increase each year. According to the National Highway Traffic Safety Administration (NHTSA), more than 300 bus accidents happen every year, all of which resulting in fatalities.

Bus crashes, and other public transport cases, are complicated to litigate. Determining the at-fault party is a bus crash can be tricky because it may be more than one, or none at all. It requires the professional litigation skills and trial experience of a licensed car accident attorney to effectively pursue a bus accident injury lawsuit or claim. If you or someone you loved has recently been injured in a public transportation accident, like buses or taxis, contact a local personal injury lawyer to learn your rights.

Possible At-Fault Parties:

  • The Driver
  • Management Company
  • Other Negligent Vehicles
  • Government Entities (If Public)
  • Equipment Manufacturers
  • City Traffic Management (If Defective Light or Sign)

Common Causes:

  • Drunk Driving
  • Driving Under the Influence of Drugs
  • Defective Stop Light or Traffic Sign
  • Hazardous Weather Conditions
  • Reckless or Careless Driving
  • Poor Equipment Maintenance
  • Treacherous Roads
  • Defective Equipment
  • Obstruction of Views
  • Other Negligent Vehicles on the Road

Traffic accidents, public or not, can happen very suddenly, and usually result in serious injuries and damages to innocent bystanders and drivers. If a person is injured using public transportation as a result of another carelessness or negligence, they are entitled to legal compensation for their pain, suffering, lost wages, medical bills, and more. 

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Common Benefits Received From Workers’ Compensation

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on the extent of their injuries or damages. Damages can include but are not limited to pain, suffering, prolonged rehabilitation or illness, diminished quality of life, lost wages, medical expenses, hospital bills, mental trauma, PTSD, and much more.

It is wise to hire a personal injury attorney that specializes in workers’ compensation law to recover the full and fair recompense deserved. Continue reading to learn what type of benefits to expect, or that is possible, to receive after being injured while on the clock.

Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve sexual harassment, discrimination, assault or battery, contracting a work-related illness or disease, experiencing an armed robbery, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

Benefits for Dependents in the Case of a Wrongful Death at Work

Punitive Damages in Cases of Malicious Intent or Blatant Disregard

Compensation for Excessive Pain, Suffering, Loss of Companionship, Mental Anguish, Post Traumatic Stress Disorder, Diminished Quality of Life, Etc.

Travel Expenses (If Applicable)

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is strongly encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair remuneration deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

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What Is Tort Law Exactly?

Have you ever done something that was against the rules? Well, torts are something like that; but much more serious. Torts are civil wrong-doings; immoral behaviors and actions against civilians. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party.

Torts that result in serious injury or death can be punishable by imprisonment; however, the objective of tort law is to acquire compensation for damages incurred by victims and families of victims. In addition, and equally important, intent is to prevent similar wrongdoings from occurring in the future. In fact, victims of tort can take legal action for an injunction in order to inhibit further torturous conduct of the opposing party.

Explaining Torts and Tort Law

Victims of tort can pursue fair compensation for damages incurred as a result of the offence. Exemplary damages include everything from pain and suffering to loss of companionship, and much more; such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, products, and much more.

Categories of Tort

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of tort include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of deliberate inflictions of emotional or physical trauma.

Every type of tort can be grouped into three separate categories of tort law; these categories are Intentional Torts, Negligent Torts, and Strict Liability Torts. Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort. Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice, legal malpractice, and slip and fall accidents. Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person; such as liability for making and selling defective products that are hazardous.

If you are a victim of tort, or was recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the State’s statutes of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.

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Do I Need an Attorney for My Divorce?

Many couples debate whether they need a divorce attorney when mediation is required by the courts. It is recommended, at minimum, consulting with a family law attorney about your options and what is best course of action for your case no matter how well you and your ex-spouse get along.

Below you will find just a few examples of the aspects you need to consider if you are debating whether you should hire an attorney for your divorce:

  • If you have many complicated assets to divide up. If you have accumulated various expensive marital property, you should consider hiring a lawyer. You will want to have a lawyer present if you have complicated possessions you are dividing, like businesses, numerous vehicles, and real property.
  • If your spouse is prone to lying. If your former spouse is known to lie, it could become difficult when it is your word versus theirs in a hearing or mediation session. If they are spreading false information about you, or lying in the courtroom, you need a lawyer on your side to protect your interests.
  • If violence or abuse is ever involved. If any abuse is present, whether it’s related to children, substance abuse, sexual abuse, mental abuse, or any other form, you should always hire an attorney. Not only will the abused spouse not be able to negotiate properly for fear of manipulation or further abuse, but a family law attorney can help take the appropriate steps to protect you and your family.
  • If your spouse has hired an attorney. Your spouse may choose to hire a lawyer to represent themselves at the last minute. We see attorneys appear at hearings and mediation with little to no notice to the unrepresented spouse. If your spouse decides to have representation, you should as well. It will be difficult to make your case against a family law attorney, even if you believe you have a clear and reasonable argument.

There is so much at stake! If you are going through divorce and you are debating on whether you need to hire a divorce attorney, call and speak to a family law firm you trust in your area. An experienced attorney should answer the questions you have, discuss your options and your particular case to help you understand your options during divorce. A skilled lawyer may be an invaluable asset to protect your and your family interests.

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Are Your Circumstances Suitable for a Collaborative Divorce?

You may be suitable for a collaborative divorce if you seek:

  1. A dignified approach to handling your divorce
  2. A fair and non-aggressive resolution of issues based on the best interests of the family, not the individual
  3. Guidance, support and advice on legal issues without the threat of fighting in court.
  4. A chance to work through emotions and avoid misunderstandings to arrive at sound decisions
  5. To avoid the cost and emotional strain of court proceedings
  6. To keep your dispute and terms of your settlement confidential

How do I kick start the process?Contact a collaborative divorce lawyer. You must choose a lawyer trained in collaborative family law for the process to be effective. An experienced lawyer knows about the required documentation that can make process hassle free.

What happens when we reach agreement?

After you reach agreement, your lawyer can prepare divorce papers that the court is likely to approve.

What happens if the process breaks down?

You may explore other options such as mediation to avoid from going to court. However, if you do take your case to court, your collaborative lawyer cannot act on your behalf in court proceedings as they have signed an undertaking not to litigate.

What is the difference between the collaborative divorce process and court litigation?

Collaborative divorce is a voluntary process that gives divorcing parties control over the process, including the timetable. On the other hand, the litigation process is controlled by the judge and determined by court dates, and parties must comply with the court’s orders. Divorce Lawyers will facilitate direct negotiations between parties in collaborative divorce, working towards a common goal that is in the best interests of both parties and the family, and parties will be encouraged to consider short- and long-term impacts of their decisions. In litigation, both parties and lawyers are pitted against each other, and parties will bargain based on their own needs and rights. They will not be actively asked to think about the short- and long-term effects of their choices.

As can be seen, collaborative divorce allows the parties, instead of the judge, to make the final decisions. Due to this, however, there is no guaranteed settlement in collaborative divorce. If parties cannot reach a final decision, they will need to proceed with litigation. The process of collaborative divorce is confidential, but if parties enter into litigation, the records of Court proceedings will be publicly available.

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What Damages Can I Claim After a Drunk Driving Accident

Being injured in a drunk driving accident can be life-altering. You need to hire a professional personal injury attorney. Only he can educate you regarding the legal process and eventually help you win the case with the best possible compensation.

As per the Florida law, you are a victim of a drunk driving accident if the accident causes you loss of any form that demands compensation. Under Florida Statute for victims of DUI crashes, there are certain “allowances” provided for the victims. However, the victim or his lawyer often requires to pursue these allowances he is subjected to!

You must be aware about the multiple ways through which a victim can obtain benefits. A set of Qualification Requirements has been established by the Florida’s Bureau of Victim Compensation for receipt of funds under its Crimes Compensation Act. Here are the requirements:

  • The reporting of the crime to law enforcement needs to be done within 72 hours.
  • It is necessary for the victim to have suffered some form of personal physical injury. There is an automatic reduction in the funds for those who have just suffered psychiatric or psychological injury due to the accident.
  • Application needs to be filed within the time period of one year after the crime date. In case a valid cause is shown, the time period might be expanded up
  • to 2 years.
  • The victim must cooperate with law enforcement, State Attorney’s Office, and the Attorney General’s Office fully.
  • The victim must not have been engaged in any form of unlawful activity at the time of the accident.
  • The victim must not be responsible for the accident in any way.
  • The victim must not have a record of felony conviction.

What are the benefits available to the victim?

You need to meet all the above criteria in order to be proven as the victim. Only then, as per the Bureau you are entitled to the following benefits:

  • Loss of wage
  • Loss of support such as the death of a close relative etc.
  • Disability of any form
  • Expenses related to funeral
  • Expenses pertaining to medical treatments
  • Mental health counseling
  • Compensation for any kind of Property Loss

However, the truth is that you and your lawyer need to pursue your compensation actively in order to avail all the benefits available under the Florida Law. This specific statute helps to save you a good deal of your medical costs.

An injury caused due to drunk driving accident might cause you loss of time at work and subsequently loss of high wages. You might have to struggle to pay the bills. When your general bills are added on by your medical expenses, you might lose your sleep at night. So, it is more than essential for you to claim lost wages in a drunk driving accident. This includes future wages If the injuries you suffered leaves you disabled or incapable of functioning properly to provide output to the company, you need to count your future wages as well for compensation.
You are also entitled to seek damages for pain and suffering caused by such an accident. This involves the physical or mental distress caused due to someone’s death. You need to prove the nature and severity of your injury as well as the prognosis issued by the doctor with the intent to claim such damages.
Out of all the damages claimed, those related to medical expenses is the most common. This is because in most cases, medical expenses can add up at a striking rate into a lump sum. The situation might be the same even when you have medical and auto insurance. You can demand reimbursement for ambulance rides, consultations, medical equipment, physical therapy, in-home medical care and all other expenditures.
What to do just after a drunk driving accident occurs?
  • Dial 911

When you find out you are the victim in the crash, dial 911. Make sure to receive treatment for your injuries instantly, if possible. Police officials soon test the other driver for the accident.

  • Gather contact information

Collect important contact information. It includes the other driver’s name, contact number, address, and details related to insurance. Also, gather relevant info from the witnesses on the scene. Gather their basic contact information as well since it might come handy later.

  • Gather every possible piece of evidence

Click pictures of the crash scene, the vehicles or vehicles that were involved, and any injuries that you suffered. If there are other pieces of evidence like torn clothing, crashed debris etc., make sure you keep those handy as well.

  • Hire a drunk driving accident attorney

Only the qualified drunk driving attorney has an absolute knowledge on law. At first, the case might seem to be simple but things might get tense with the progression of the case. So, be on the safe side and get yourself a proper attorney with specialization in this field.

Who is usually responsible for drunk driving accidents?
If the person who apparently caused the accident is found to have a BAC that is higher than the legal limit, you can go ahead in filing a lawsuit against him. You can also file a claim against a restaurant or bar if it is responsible for providing alcohol to the person accused for the accident.
  • The accused person needs to be Under 21 years of age.
  • The accused need to be someone who is “habitually addicted” to alcohol.

It is pretty difficult to put the blame or a part of blame on the third parties that might actually be liable for the drunk driving accidents.

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Information About Hip and Pelvis Injury Compensation

The hip is a joint that connects our upper leg bones to our pelvis, giving us mobility. Our hip and pelvic bones are constantly at work for us, even when we are sleeping. Whether managing your everyday responsibilities or relaxing after they’re done, your hips are always playing a role in what you are doing with your body. They are a major component to your body’s overall stability, comfort, and physical capabilities. This explains why injuries to these areas are often very inconvenient and extremely painful.

Although most common in elderly patients, young to middle-aged adults and children can also be at risk for pelvic and hip injuries if they are involved in a serious accident. The most common types of accidents that cause severe pelvis and hip injuries include motor vehicle accidents, slip and falls, motorcycle accidents, pedestrian accidents, and even bicycle accidents. When a person is injured in such an accident as a result of another person’s carelessness, they are likely eligible for legal compensation. At this time, it would be in their best interest to hire an experienced personal injury lawyer for help with filing a claim against a wrongful party. They will develop an impactful case to profile the type of injuries their client suffered, and how it has negatively affected their overall health and quality of life. This will be the foundation of determining the amount of compensation that should be paid to the victim for their losses and damages.

Types of Pelvic Injuries

There are several types of hip and pelvic injuries, all of which are generally accompanied by muscle bruising and ligament sprains as well. They are all extremely painful, and can restrict a person’s mobility for months on end depending on the severity of the damage. Here are some of the most common hip and pelvic injuries seen as a result of negligent accidents:

Dislocations

Hip dislocations occur when an impact causes the ball-shaped head of the femur bone to come out of the cup-shaped acetabulum set in the pelvis. They are a very common injury among slip and fall victims, and victims of traffic accidents. It is unimaginably painful, and renders a victim immobile instantly. It can also cause nerve damage, resulting in numbness of the leg, foot, and ankle.

Hip Sprains

Hip sprains are serious muscle tears in the ligaments that support the hip joint. They occur when the ligaments are stretched past their limit and tear. This type of injury is tremendously painful, and can also result in bruising and swelling of the hip and pelvic area. It can take several weeks to heal, during which mobility is mostly restricted. Slip, trip, and fall accidents are common causes of hip sprains, but they also occur regularly in vehicle accidents and workplace accidents.

Pelvic Fractures

Pelvic fractures are among the most serious hip and pelvis injuries a person can sustain. This is because they have the potential to seriously change a person’s life forever. Some pelvic fractures comes with life-long consequences, or permanent complications. If the injuries are not permanent, they are still extraordinarily painful and are accompanied with months, or even years, of rehabilitation and healing. Painful physical therapy, loss of mobility, long-term medical care, and more are just a few circumstances a patient will face after fracturing their hip. Since the reproductive organs are in this area, more serious pelvis fractures can cause infertility, impotence, and sterility.

Hip Bursitis

One of the most common causes for hip pain, hip Bursitis is the inflammation of the bursa. The bursa is a fluid-filled sac that reduces friction between muscle tissues by providing a gliding surface. Although most cases can be treated at home with proper care and pain medication, they are very painful and can takes weeks or months to heal completely.

If you or someone you love has recently suffered a pelvic or hip injury as a result of a serious accident, call a licensed personal injury attorney to file a no-risk, no-fee claim. They have the proper resources and knowledge to effectively navigate your case and recover the fair amount of compensation you deserve.

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