All posts by Louiza Tarassova Esq.

Eyelash Growth Serum Lawsuit

By | Cosmetic Procedure Injury, cosmetic product lawsuit, eyelash growth serum, FDA, Litigation, Personal Injury, prostaglandin analog | No Comments

There are many eyelash growth serums currently on the market that promise to grow your lashes and make them appear darker and more beautiful. You may even have friends that have used these products, resulting in truly a miraculous effect. Unfortunately, the same ingredients that make your eyelashes grow can also cause serious and permanent eye problems.

Several months ago, I had a young woman email me with a nightmare story about how one of these serums, manufactured by a very popular over-the-counter cosmetics brand caused her to suffer permanent eye injuries. After doing some research and speaking with her, I was shocked to find out that the manufacturers of many of these eyelash growth serums do not disclose the real possibility of developing permanent eye injuries after using their products.

I knew immediately that she needed an attorney that is not only good but one that cares about cosmetic injury cases. Over the years, I have been focusing my practice on representing clients who suffered injuries from all kinds of botched cosmetic procedures. I think that I am naturally pulled towards this area of law because I am personally interested in the latest products and procedures that can keep me looking young! So, her situation was exactly the type of case that we love to do at LOU LAW and she was the perfect client to help.

The problem with eyelash growth serums.

You have probably seen advertisements for a product called Latisse (formally Allergan, now an AbbVie brand) which is a prescription lash growing serum. Latisse can only be purchased through a prescription from your doctor because it contains an ingredient considered to be a drug by the FDA called bimatoprost. Bimatoprost is a prostaglandin analog that was discovered to cause eyelash growth as a side effect to its originally intended use which was to treat glaucoma. In treating the eye disease with prostaglandins, scientists noticed that an unintended result of using prostaglandins, such as bimatoprost, caused the users’ eyelashes to grow and darken. This seemingly miraculous discovery had a great commercial opportunity because there are millions of people that want amazing looking eyelashes that are their own.

After Latisse came out, other cosmetic manufacturers began researching alternative prostaglandins that they could put in their own eyelash growth serums to compete with Latisse and give more options for customers desiring the long-lash effect. Thus, Isopropyl Cloprostenate was discovered to be as effective as bimatoprost at extending natural eyelashes. Isopropyl Cloprostenate is a synthetic prostaglandin analog that is used in many over-the-counter lash growth serums.

Unfortunately, prostaglandin analogs are known to cause serious and permanent eye problems.

In addition to eyelid discoloration and iris pigmentation (mostly impacting light-colored eyes), prostaglandin analogs are known to cause permanent blockage of meibomian glands which are responsible for secreting important oils that help clean and moisturize the eyes. People using eyelash growth serums are at risk for developing a condition called Meibomian gland dysfunction (MGD) is a term used to describe a group of disorders, both congenital and acquired, linked by functional abnormalities of the meibomian glands. Permanent side effects from these eye serums include constant dry eyes, eye infections, and recurrence of styes (chalazion and hordeolum) on the exterior and interior eyelids. Here is a great source of information about the effect of prostaglandins on the eye structure.

These awful side effects are well known to eye doctors who treat glaucoma. And there are numerous scientific and medical journal articles out there discussing the correlation between the use of topical prostaglandin analogs and serious eye problems. Yet, the warning labels on many of the eyelash serums containing prostaglandins do not mention anything about the risk of these serious side effects.

Also, it can be hard to find out whether a serum has a prostaglandin analog  because they are not listed as “prostaglandin.” Here is a list of examples of popular lash serums that contain prostaglandin analogs:

  • GrandeLASH -MD Lash Enhancing Serum (Grande Cosmetics) – contains Cloprostenol Isopropyl Ester, a prostaglandin analog;
  • Rapid Lash Eyelash Enhancing Serum – contains Isopropyl Cloprostenate, a prostaglandin analog;
  • RevitaLash Advanced Eyelash Conditioner (RevitaLash Cosmetics) – contains Dechloro Dihydroxy Difluoro Ethylcloprostenolamide, a prostaglandin analog;
  • LiLash -contains Isopropyl Phenylhydroxypentene Dihydroxycyclopentylheptanate, a prostaglandin analog;
  • R+F Enhancements Lash Boost (Rodan + Fields) -contains Isopropyl Cloprostenate, a prostaglandin analog.

Often lash growth serum products do not warn about the side effects of prostaglandin analogs. If you look at the FQ&A’s and other labeling materials of the most popular lash growth serums, you will find that not only are side effects such as dry eye, styes, discoloration, Meibomian gland dysfunction (MGD), are not mentioned, to your surprise you will probably find that the companies state that their products are completely safe and side effect free. I have seen the manufacturers make bold statements that their prostaglandin analog lash serums are cosmetics and not prescription drugs, therefore no serious side effects should be expected.

Eyelash growth serums are drugs, not cosmetics because they contain prostaglandin analogs.

On April 18, 2011, the FDA issued a Warning Letter to Lifetech Resources, LLC the manufacturer of RapidLash Eyelash Renewal Serum (“RapidLash”), NeuLash Active Eyelash Technology (“NeuLash”), and NeuveauBrow Active Eyebrow Technology (“NeuveauBrow”) explaining to the company that the company’s labeling and promotional materials of the over-the-counter lash and brow growth serums that contain prostaglandin analogs are illegal. The FDA stated that “ ‘RapidLash’, ‘NeuLash’, and ‘NeuveauBrow’ are misbranded under section 502(a) because their labeling makes misleading statements regarding the product’s safety and also fails to reveal material facts with respect to consequences that may result from the use of the product.” Although the letter threatened “legal action without further notice… seizure and injunction” if the company does not correct the numerous violations cited in the letter, the product continues to be sold today.

How are these products being sold without a prescription and without proper warnings?

The answer is simple: No one has stopped them. The FDA seems to have a bark that is worse than its bite. Although it can threaten legal action, it is restricted by limited authority in the cosmetics realm. Cosmetic manufacturers are not required to get approval from the FDA before selling products in the United States. As long as a manufacturer uses the right language in describing its product, it can easily avoid enforcement proceedings by the FDA. If the product is labeled for “cleansing, beautifying, promoting attractiveness, or altering the appearance” and not for treating an undesired condition, the product may continue to be sold on the market as a cosmetic.

This is exactly what happened with RapidLash. The manufacturer’s lawyers adjusted the language in the labeling materials and the product continues to be sold over the counter as a cosmetic, despite its prostaglandin analog ingredient.

Eyelash Growth Serum Lawsuit

If you suspect that you may have suffered an injury after using an eyelash serum, you should talk to your eye doctor about the products you have used and the ingredients it contains. Your doctor will help you identify if there is a correlation between the specific ingredients in your lash serum and the eye condition that you have been experiencing.

You have the right to file a lawsuit for your eye injuries resulting from eyelash growth serum.

If you have suffered injuries from using an eyelash growth serum containing a prostaglandin analog, you have a right to sue the manufacturer. There are several  theories of liability under which you can bring a lawsuit against the eyelash growth serum manufacturing companies, including product liability, negligence, misrepresentation and concealment, and other applicable state and federal laws.

Our law firm handles cosmetic injury cases and represents clients against product manufacturers. If you would like to have your case reviewed by an attorney at LOU LAW, contact us today at 1-855-554-6534.

Med Spas Without Medical Pros

By | Cosmetic Injury, Cosmetic Procedure Injury, Personal Injury | No Comments

I want to address a very disturbing trend that I am seeing emerge in the medical spa world.  Patients are being treated by unqualified office staff at medical spas, with no supervision by any medical professionals.

In my Cosmetic Procedure Injury practice, I have talked to a number of clients that report the same situation. They go to a medical spa for a cosmetic procedure, which they fully except to be performed by a medical professional such as a Physician, Nurse Practitioner, or Physician Assistant but they never actually meet with anyone other than non-medical staff members, who consult with the patients, perform the procedure, and even deal with post-procedure complications. The patient never knows that the person with whom they are dealing is not a medical professional. The office staff wear scrubs and speak authoritatively about the medical procedures. It is not until the patient gets injured and seeks the advice of an experienced attorney that they find out that the person performing the procedure is not licensed to do so.

To protect yourself, you should always check whether the person performing your cosmetic procedure has a Florida medical license with the Board of Medicine or any kind of license with the Department of Business & Professional Regulation.

In Florida, even electrologists who are licensed to work with lasers, to remove unwanted hair, are required to be under the direct supervision of a physician and the physician is required to personally meet with the patient for at least the initial consultation. It is logical that whenever someone is using a medical device to administer a procedure on a patient, they must either have a medical education or be under the close supervision of someone who does.

Unfortunately, as more medical products are becoming available for minimally invasive cosmetic procedures, and cosmetic procedures outside of a plastic surgeon’s office are becoming more popular, physicians are feeling more comfortable delegating the task of administering these procedures to their non-medical staff. Physicians are driven by the money they save on lower-cost staff, which are much cheaper to employ than qualified medical professionals. Many medical spas are owned and managed by non-medical entrepreneurs that do not understand the need for a well-supervised practice, led by a hands-on medical professional.

Many times in my practice, I have seen a single physician “supervise” multiple medical spas around town, where the physician’s sole job is to sign charts without ever seeing a single patient. These absentee supervising physicians are completely oblivious to what is going on in the clinics that they “supervise” and do not know whether the employees performing the medical procedures are following protocol, properly administering the procedures, and adequately advising the patients of their risks.

In our practice, we have seen injuries that have resulted from a variety of cosmetic procedures including, CoolSculpting, lasers, chemical peels, injections of Botox and injections of fillers, just to name a few.

Treating patients without an appropriate license is not only dangerous, it is illegal. If you have been injured after undergoing a cosmetic procedure in a medical spa, call us today to discuss your case with our experienced attorney at 855-554-6534.

Meet LOU LAW

By | Firm News | No Comments

We have exciting news! The Law Office of Louiza Tarassova, P.A. is now, simply: LOU LAW.

Why LOU LAW?

We wanted a name that better reflects the feel and experience of our firm. Our goal was to have a brand that feels modern and refreshing and to have a logo that is clean, clear, and direct to the point. Just as our approach to legal representation is creative and modern, our brand now mirrors this philosophy.

Has anything changed?

No, but our style has improved. We take pride in delivering a heightened level of legal service and LOU LAW will only continue to raise the bar in providing excellent legal representation to our clients, in great style.

Who is Lou?

Lou is short for Louiza Tarassova, who is the founding attorney and the proud owner of this boutique law firm.

What is LOU LAW?

Lou Law is a law firm located in Winter Park, Florida with clients from all over the world. We focus our representation on personal injury and product liability cases and file lawsuits on behalf of clients in both the state and federal court systems.

What makes LOU LAW unique?

LOU LAW has been uniquely successful at getting great recoveries on cases that are traditionally turned down or overlooked by other personal injury law firms. Our modern approach to complex legal matters has allowed us to obtain favorable outcomes for our clients who have been previously told by other attorneys that their case has little or no value.

What types of cases does LOU LAW accept?

Our portfolio of cases includes the following areas of law: Cosmetic Procedure Injury, Product Liability (Medical Devices, Cosmetics Products), Medical Spa Malpractice, Serious Auto and Transportation Accident (Taxi, Truck, Car), Property Damage, Premises Liability (Slip and Fall, Trip and Fall, Blunt Force Trauma). Although this is not an exhaustive list, it is a good sample of the type of cases we accept at LOU LAW.

How do I reach LOU LAW?

Call Us: 1-855-554-6534

Email Us: Info@MyLawAdvocate.com

Send us a Request:

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Injecting Too Much Filler = Liability

By | Cosmetic Procedure Injury | No Comments

First of all, I want to start by saying that I personally think that injectable cosmetic procedures are great. Botox and Dysport can effectively relax wrinkle-prone areas of the face and give eyebrows a slight and happy lift. Dermal fillers such as Juvederm and Restylane (or any other brand name) can dramatically enhance lips and fill deep wrinkle lines. If done correctly and with utmost care, injectables can keep both men and women looking young and feeling great about the aging process. Injectables can also creatively solve many cosmetic concerns (such as filling deep acne scars) without the need for invasive plastic surgery.

BUT… I want to address a serious problem that I see as an attorney handling cosmetic procedure injury cases. Upselling units.

This is the general scenario:

A patient makes an appointment at a med spa or a doctor’s office to find out more information about an injectable product. The patient’s intention is to collect information about the procedure such as the risks that should be considered, the amount of units necessary, the cost of the procedure, the difference between products on the market, etc. Although the patient is open minded about undergoing the procedure, their intention is to consult with a knowledgable professional before doing so. When the patient gets to the office, they are met by pushy staff that pressure the patient into undergoing the procedure immediately. Sometimes, the office even has a promotional rate for buying more injectable product (more units). At the time of the consultation, no actual  information about the product is provided. The patient still has many questions about the cosmetic procedure they are about to undergo. The patient ends up purchasing more units of the injectable product than they actually need. And the injector proceeds to over-inject the patient with too much product, causing lasting injuries.

Over-selling units of injectable product leads to injuries. It is a reckless practice and in my opinion, simply unethical. Med spas and doctors’ offices are incentivized to sell more units because they charge by the unit. The more units they sell, the more profit they make!

Injecting too much filler can result in arterial occlusion, cutting off blood supply to the skin and causing the skin tissue to die (necrosis). Injecting too much botulinum or injecting it in places that do not need it, can cause loss of muscle function, drooping lids or eyebrows, and even double vision. Some consequences of over-injecting resolve over time, while others have permanent effects.

Most people trust their injectors and believe that the injector will act in their best interest. And many injectors do a great job of caring first and foremost about their patient’s health and happiness. But, unfortunately in my practice I have seen a number of examples where profits take priority over a person’s well-being.

Therefore, it is always wise to do your own research. Check out reviews about the clinic and the product before making an appointment. Write down your questions and make sure you get clear answers to every single one before agreeing to the procedure.  And most importantly, if you feel confused or uncertain about something, do not be afraid to say “let me think about it” and go home.

 

Low Medical Bills Do Not Mean Small Personal Injury

By | Cosmetic Injury, Litigation, Negotiation, Personal Injury, Settlement | No Comments

I have had substantial success in securing high personal injury settlements in cases with low medical bills. But even when the injury is unarguably substantial, it is a challenge to get the defendant or the insurance carrier to see the value of the case. I am also aware that many personal injury attorneys are reluctant to take cases where the economic losses (hospital bills, wage losses, etc.) are low or non-existent. In fact, I have had several clients come to me for help with their serious personal injury cases after the big firms passed on them because of “low medicals.”

The truth of the matter is that how an insurance carrier assesses a personal injury case is completely different from how the jury will evaluate the case. Insurance companies do not seem to look at the factors a jury would normally consider first. Adjusters are robotic in the way they appraise a personal injury case. They first want to know the amount of economic losses. They want to see a track record of the injured person seeking treatment. Then, the adjuster will normally offer an amount of compensation directly related to that amount. In my negotiations with the insurance companies I often hear, “but your client doesn’t have that many medical bills, this is not a six-figure case.”

But what if the injury is bad, and nothing but time can heal it? What if no amount of medical treatment will speed up the healing process?

Unlike the robots at the insurance company, a jury will consider the nature of the injury first. They don’t care if the injured plaintiff  paid the ER  a $100 co-pay or still owes a $70,000 bill. They consider how the injury has impacted the plaintiff’s life and whether the conduct of the defendant was negligent. Normal people do not work off of formulas, they make decisions based on the circumstances and facts surrounding the situation.

There are many serious injuries which simply cannot be resolved with medical treatment. For example, second-degree burns. Any emergency room physician will agree that burn treatment is limited in the second-degree stage. The skin is scorched and the pain is agonizing but the patient will be sent home after being treated with a simple topical cream and some pain killers. This means that the economic losses are low. I won a jury trial on this type of injury and my client was awarded $250,000 for pain and suffering and $593 for her past medical bills, because that is all the treatment cost her.

Another example of a case I successfully resolved was a skin infection case. There, a young woman contracted impetigo after visiting a local med spa to for a chemical peel. The medicals were low, because other than an inexpensive prescription, only time could heal the scars. That botched cosmetic procedure case also had to be aggressively litigated before the parties came to a favorable settlement.

A large number of personal injury cases in which I achieved great results for my clients did not have high medical bills or wage losses. Therefore, low medical bills in a personal injury case does not mean low compensation! But, you do have to be willing to file a lawsuit and get ready for a trial.

Medical Device Injury – Inherent Conflict of Interest

By | Cosmetic Injury, Personal Injury | No Comments

With the demand to stay looking young through minimally invasive cosmetic procedures medical spas (or med spas) are a great alternative to a plastic surgeon. These establishments may provide both medical and non-medical treatments to their clients and can be very lucrative to own. Med spas are expected to provide the most innovative technology to their patients and may offer services such as non-invasive fat reduction, laser hair removal, dermabrasion, laser tattoo removal, and even vaginal rejuvenation. Most of these types of cosmetic procedures are performed with medical devices. As a result, medical device manufacturers pursue med spas to sell their machines and systems to them, promising a huge return on their investment.

Yet, the purchase of a medical device comes with an inherent risk of conflict of interest. First and foremost the owner of the med spa may not necessary be a licensed medical professional. In our experience of representing clients who have been injured while undergoing a cosmetic procedure, most of the clinics were owned by businessmen and women, not licensed doctors, nurse practitioners or physician assistants. This creates a big problem in how the medical services which they provide to their patients are viewed. Business people view the sale of services as money making opportunities. In the case of med spas they just happen to be selling medical services. Therefore, any risk of adverse effects of a cosmetic procedure may be downplayed or simply not disclosed to the patients to ensure that the patient buys the services.

Secondly, regardless of who owns the med spa, medical devices are an expensive investment, costing hundreds of thousands of dollars. Med spas are pressured to sell enough services to get a return on their investment.  Therefore, any information regarding the risk of a procedure could discourage a patient from undergoing it, thereby leaving the med spa an unable to cover the cost of the device and profit therefrom.

We have represented clients who were  pressured into undergoing a cosmetic procedure after going into a med spa for a simple consultation. The staff selling these medical services are usually not medical professionals but trained sales people. They are trained to highlight and focus on the potential benefits of the procedure and downplay the procedure’s risks of injury.

Unfortunately, in some cases, the risk of suffering a permanent and serious injury is not worth the relatively small potential benefits of the cosmetic procedures.  But only the medical professionals administering these procedures know the truth.

If you have been injured as the result of undergoing a cosmetic procedure with a medical device such as Scarlet SRF, MAGMA, FormaTK, Agnes RF, NeoGen PSR, Viveve, ADVATx, vFit PLUS, CoolSculpting, you may be entitled to compensation for your injury. Call our attorney today at 407-622-1885 to discuss your case for free.

Did you know your risks before undergoing your Cosmetic Procedure?

By | Cosmetic Injury, Personal Injury | No Comments

You have the right to be informed about any and all adverse effects of your cosmetic procedure before you decide to do it. Your cosmetologist, aesthetician, esthetician, nurse practitioner, physician assistant or a doctor should tell you about the risk of being injured, regardless of how small it may be.

Everyone wants to look good and it is absolutely normal to want to improve or even completely alter your appearance with the help of a cosmetic professional. Today there are many options, from simple and routine beauty adjustments such as facials to the more intense cosmetic procedures that involve a visit to a medical spa and the help of a medical professional. Yet almost every cosmetic procedure has a potential risk of adverse side effects, some which may be serious and permanent.  Therefore, understanding your risks of a cosmetic procedure is very important to your decision making process.

We have seen cases where our clients have gone in for “light” chemical peels and got infections and chemical burns because the person performing the cosmetic procedure failed to properly inform them about the risks of the procedure and failed to give them important pre and post procedure instructions (such as staying out of the sun and avoiding certain beauty products for days before and after the peel), which raise the risk of infection and post treatment burns.

Before you agree to undergo a cosmetic procedure, your provider must take time to explain everything you need to know about the procedure. Full information about the procedure must be provided before your payment for the procedure is taken and the procedure begins. Whether it is a chemical peel, facial, dermal filler injection (such as Juvederm, Restylane, Sculptra, Bellafill, Aquamid, Elevess, Captique, Hylaform, Perlane, Prevelle, Puragen) Botox injection, laser hair removal, CoolSculpting or other fat reduction method, or any other popular cosmetic procedure, you have the right to be informed. You should never feel pressured to undergo any cosmetic procedure and you have the right to go home and think about it.

If you suffered an adverse side effect (injury) from a cosmetic procedure which your provider did not discuss with you prior to the procedure, you may be entitle to compensation. Our law office focuses a large portion of our work on helping people who have been injured after undergoing cosmetic procedures. Call us today at 407-622-1885 to discuss your case for free.

Personal Injury Lawyer Serving Panama City FL

By | Auto Accidents, car accident attorney, car accident lawyer, Cosmetic Injury, Litigation, Personal Injury | No Comments

Personal Injury Clients in Panama City, Destin, and the Panhandle Area of Florida

Our Personal Injury clients live all over the State of Florida and we are happy to help injured people who live in Panama City, Destin, and the Panhandle Area of Florida. We recently settled a North Florida case (Destin, Florida) where a young woman was injured when she was hit by a car while riding her bicycle. The young woman who was involved an auto accident was initially offered a low settlement amount by the insurance adjuster. She call our Florida Personal Injury law firm to discuss the value of her case. She quickly realized that her injuries were worth much more compensation and retained our law firm to represent her in her personal injury case. We were able to obtain compensation for her that she did not expect. She was very grateful for Attorney Louiza Tarassova’s diligent work.

Like any other industry, rather than opting for a generic “one size fits all” law firm, it’s often advisable to select a specialist which has a good track record of dealing with the particular area of law that you need. But with such as large choice of legal services out there, how does one find the right law firm which deals with peculiar cases?

The Law Office of Louiza Tarassova is a personal injury law firm managed by a Russian Attorney and can provide services in Panama city, FL. This is a personal injury law firm that works towards achieving one primary goal: to help people. We pride ourselves in successfully fighting for our clients’ rights and obtaining substantial compensation for their injuries.

Our law firm is owned by a woman, a Russian-Speaking lawyer who provides our clients compassion, empathy and understanding while zealously and aggressively representing them in court. Personal injury law is her passion, and she excels at negotiating high settlements and litigating cases in jury trials.

Consultation is free and you do not pay unless we win your case! Contact us today!

Why You Need to Hire a Car Accident Lawyer

By | Auto Accidents, car accident lawyer, Personal Injury | No Comments

If you were involved in a car accident, you need a qualified personal injury lawyer in order to obtain the fairest compensation for your injuries. Although many insurance adjusters appear to be interested in paying for your medical bills and would like you to believe that they are cooperating with you and care about your car accident injuries, you must remember that they do not want to pay you the highest settlement to which you are legally entitled. In addition to past medical bills, you are entitled to the value of your future medical expenses, pain and suffering, and other economic and non-economic losses. Most times, a car accident attorney can successfully obtain a settlement that is many times higher than the insurance adjuster’s initial offer.

Our car accident attorney represents clients from all over Florida and negotiates car accident claims on a daily basis. She takes car accident cases to court if she does not obtain the best settlement fo her clients. She understand the importance of ensuring that persons who were injured in an auto accident have enough money to pay for future rehabilitation and medical expenses. Additionally, she understands that a permanent accident injury will continue to affect a person’s life long after the accident. Good compensation for pain and suffering is just as important to obtain as payment for medical bills.

You should contact a car accident attorney to discuss your specific case and understand your legal rights.

Call us today for a free consultation at 1-855-554-6534.

 

 

car accident Russian lawyer

Car Accident Russian Lawyer Miami

By | car accident attorney, car accident lawyer | No Comments

Car Accident Russian Lawyer Miami

Car accident Russian lawyer Miami – important factors to consider before hiring car accident attorney.

Accident claims are all unique. Every case has its particulars and personal situations. There are different damages involved in car accidents that need to be evaluated to determine the damages.

Every attorney is different. Some attorneys may be very effective in general aspects of negligence claims, but have a little experience in some other areas.

Compensatory damages for the property can be simple to calculate. Personal injuries sometimes include pain and suffering component. This amount can be complicated to calculate. So it is important to hire a professional and knowledgeable car accident attorney.

It is important to hire a reputable and experienced attorney.

Check what type of cases attorney takes. Make sure the attorney has experience in injury claims. Check credentials and which organizations this attorney is registered with.

Usually reputable attorneys will be registered in several state legal associations. A lot of clients would also write a review about their previous experiences. The Internet can be an excellent source to get a lot of information about the attorney and clients that this attorney had before. Learn more about personal injury lawyers.

An experienced attorney will know which paperwork to file and where. The law firm will make sure that all claims are filed against all negligent parties. It is important to take into consideration both physical injury and property. Most of the time settlement is negotiable. An attorney should know how to leverage the situation.

Do the research, have a consultation with attorney to determine if the attorney is right for your case.
Contact our professional car accident attorney

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