Personal Injury

Average Loss of Consortium Settlement Amount in Florida

Category: Personal Injury |

If a close family member of yours dies or suffers a severe life-altering injury, you might have a right to claim damages for loss of consortium as part of an eventual settlement.  Loss of consortium is a category of non economic damages that compensates family members for losses they suffer as a result of their loved one’s injury. Typically, spouses, parents, and children of injured parties can claim compensation through loss of consortium settlements. Essentially, loss of consortium damages compensate parties for intangible losses that they suffer as a result of the loss of their loved one or their loved one’s loss of ability to function in a certain way. At Abrahamson & Uiterwyk, one of the most common questions about loss of consortium settlements we hear is, What is loss of consortium worth? Read for more information on loss of consortium, including loss of consortium claim values. What Is the Average Loss of Consortium Settlement? Unfortunately, there is no clear answer we can give regarding loss of consortium settlement amounts. The truth is that there are numerous factors and circumstances that affect how much a loss of consortium claim is worth. The main reason that loss of consortium settlement amounts differ so much is that the accidents and injuries that give rise to loss of consortium claims are all unique. As a result, their settlement amounts, including any claims for loss of consortium, are also unique. However, with that said, there are ways that you can maximize your loss of consortium claim. How Can I Maximize My Settlement? There are a few ways that you can maximize your loss of consortium settlement. Here, we will cover two of them: Carefully documenting your damages, and Hiring an attorney to help you maximize your damage claim. If you do these two things as soon as possible after the accident, you will set yourself up to maximize your eventual settlement. Documenting Your Damages Because loss of consortium damages are non economic, they are inherently intangible and subjective. Thus, proving that you suffer from loss of consortium damages is a little different from proving economic damages. After all, to prove economic damages, you simply have to show a bill as evidence.  To document your loss of consortium damages, you should maintain a journal that details any difficulties that you and your family suffer as a result of your loved one’s accident. Damages may include things like: Loss of physical intimacy, Loss of companionship, and Loss of assistance or protection. To further bolster your claim, you can seek help from a mental health professional. They can document exactly how the loss affects you in a real and tangible way. With that sort of evidence on your side, it is difficult for the responsible party to deny the real impact of your loss of consortium damages. Hiring an Attorney Hiring an attorney is another effective way to maximize your loss of consortium damage claims. Your lawyer can help you establish the relative value of each aspect of your loss of consortium claim. It helps to have your lawyer do this because your lawyer, drawing on their prior experience, knows how to effectively frame your damages in an effective manner. This will help you not only prove the existence of those damages, but maximize their value in your eventual settlement.  How to Calculate Loss of Consortium Damages The only effective way to get a somewhat accurate estimate as to the value of your loss of consortium damages is with the help of an attorney. For your lawyer to make an accurate estimate, however, you need to make sure that you carefully document all the harmful impacts that the accident has on you and your loved ones.  With this information in hand, your lawyer can draw on their prior experience with loss of consortium claims to place a dollar value on each aspect of your loss of consortium claim. It is critically important to remember, however, that this is just an estimate. Because loss of consortium damages are intangible, they are, by definition, subjective. As a result, different juries, judges, attorneys, and insurance adjusters may all place different (subjective) monetary values on the exact same claim. Do Loss of Consortium Damage Calculators Work? You may have seen loss of consortium damage calculators in research on loss of consortium damages. These tools are tempting to use, but they do not provide accurate results. There are simply too many external factors that affect the value of your loss of consortium settlement, let alone other parts of your settlement.  Your lawyer, on the other hand, will know how to account for the various external factors that will impact your claim. You might use a loss of consortium damage calculator to start a discussion with your attorney on the value of your settlement, but you should always seek a lawyer’s advice. What Is It Like to Deal With Insurance Companies? Insurance companies are often a pain for individual parties to deal with. They can do a number of things that make the settlement process more difficult, including: Dragging out the negotiations in an attempt to run out the clock on the statute of limitations; Offer you lowball settlement offers in the hope that you will accept them to make the case go away; and Generally, do as much as they can to avoid paying out the maximum settlement amount. This is another area where a lawyer can be extremely helpful. If you have a lawyer representing you in your loss of consortium claim, your lawyer can handle all communications with the insurance company. This takes the pressure off you, and leaves the negotiating to the expert—your attorney. That way you can focus on healing instead of worrying about the ins and outs of the legal process.  Contact Abrahamson & Uiterwyk for Help Today For help with your loss of consortium claim, get in touch with our team of personal injury lawyers at Abrahamson & Uiterwyk. Our firm has more than 30...

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Average Travelers Insurance Personal Injury Settlement in Florida

Category: Personal Injury |

If you have a claim with Travelers Insurance, you might be curious how the claims process works and what average Travelers Insurance personal injury settlements are. Pursuing a personal injury claim on your own through a third-party insurance company can be a stressful and frustrating process. Fortunately, the Florida personal injury lawyers at Abrahamson & Uiterwyk have developed an excellent reputation for successfully helping Florida clients get the compensation they deserve. What Is the Average Settlement Check Amount? Unfortunately, there is no average amount for Travelers Insurance settlements. All claims are different, and many factors can influence your potential settlement value. Some of the most significant factors that impact your claim’s value include injury type and severity, liability, your total amount of damages, and the available insurance policy limits. Extent of Injury Someone with a spinal cord injury and paralysis will have a higher claim value when compared to someone who sustained soft tissue injuries that healed within three months. Even similar injuries can have significantly different values. For example, someone with a broken leg that healed within three months with no residual pain complaints would likely have a lower claim value than someone who is permanently disabled due to a fractured leg. Comparative Fault Liability also plays a significant role in determining settlement value. Florida is a pure comparative negligence state, which means you can still collect a portion of your damages, even if you are partially at fault for the accident. For example, if you are 40% at fault, you can collect 60% of your damages. If you are 60% at fault, you can collect 40% of your damages. Policy Limits Available policy limits can also impact your settlement value. Two cases can be worth similar amounts, but available insurance can affect how much you receive. Consider a situation where you have $200,000 in damages. If the at-fault party only has $50,000 in insurance coverage, you won’t be able to collect the total $200,000 unless you sue the defendant directly or have other potential avenues of recovery. On the other hand, if the defendant has $500,000 in available coverage, you could receive the total value of your claim from the defendant’s insurance company. How Long Will My Claim Take? How long it takes your case to resolve can also vary. Some claims might settle right away, while others can take several years. Claims that resolve quickly often involve significant injuries and low insurance policy limits. If it’s evident that the other party is at fault and your financial losses exceed the available bodily injury insurance, the adjuster may offer to pay the policy limits early in the process. However, be cautious of insurance adjusters who make early settlement offers. The adjuster knows your claim is worth more in many cases but wants to resolve early to cap their exposure. They hope by offering you some money now, you will settle before the actual value of your claim is revealed.  If Travelers denies your claim for lack of coverage or liability, you will need to file a lawsuit. Claims that enter the litigation phase may take considerably longer to resolve. It could be several years at that point before your case goes to trial or there are further negotiation talks. Tips for Dealing with Travelers Insurance If you are unrepresented, dealing with an insurance company can be daunting. You want to keep some helpful tips in mind when dealing with Travelers to improve your chances at a better settlement. Do Not Give the Adjuster a Recorded Statement Whenever you open a claim, the insurance company will request a recorded statement from you. This request may seem harmless, and the adjuster will assure you that it is standard practice in the claims process. However, that statement could harm your case. The adjuster is looking for you to say anything that gives them the chance to place liability on you or reduce your claim value. Be cautious if you are supposed to meet with a claims representative in person as well. You are not obligated to give a recorded statement, and most personal injury attorneys will advise against it. When an attorney represents you, the insurance company cannot speak with you directly. Instead, all communication is between the adjuster and your attorney. Do Not Sign a Release You should not accept a settlement offer or sign a release of all claims without first speaking to a Tampa personal injury attorney. Once you sign a release or cash a settlement check, you extinguish the right to any future claims. If you are not done with your medical treatment and find out after signing a release that you need additional surgery, you cannot demand further compensation. That is why you should have a clear picture of your total claim value before engaging in negotiation talks or agreeing to settle. Retain an Attorney The best tip for dealing with Travelers or any other insurance company is to retain an experienced personal injury attorney to represent you. Attorneys, especially those who have prior experience negotiating with Travelers Insurance, can benefit you in these situations. Your attorney will protect your rights, gather evidence, and negotiate directly with the Travelers representative. At Abrahamson & Uiterwyk, we have years of experience resolving personal injury insurance claims with insurance companies, including Travelers. What to Do If Travelers Contacts You If Travelers Insurance contacts you, it’s important you know your rights. You are not legally obligated to talk to the other party’s insurance company. As the third-party insurance company, Travelers does not have your best interests in mind. Instead, their priority is protecting their insured. That means the claims adjuster will be looking for any way to reduce their exposure. Dealing with the insurance company on your own can seem daunting. That is one reason why working with an experienced Tampa personal injury lawyer is recommended. When one of our attorneys represents you, we will handle all communication with the other party’s insurance company. Please do not feel pressured to...

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E-scooter Safety a Growing Tampa Concern

Category: Personal Injury |

In late May 2019, the city of Tampa launched its electric scooter pilot program. Tampa plans to have four different vendors place 2,400 E-scooters on streets across the city. The pilot program will go on for one year, and then city officials will evaluate whether to continue the program. The scooters will not be permitted on East Seventh Street, Bayshore Boulevard, and the Tampa Riverwalk. What are E-scooters? Electric scooters, also known as E-scooters, are provided by a number of different companies including Bird, Lime, and Spin. To use an electric scooter, a user must download an app, enter their credit card information, and then find and scan a scooter. The E-scooter can then be left at the user’s destination. E-scooters can travel up to 20 mph and will be permitted on sidewalks only. The Dangers of E-scooters While E-scooters may be convenient, they are certainly not the safest mode of transportation. The Centers for Disease Control and Prevention (CDC) foundthat there has been a recent uptick in emergency room visits for fractures, dislocations, and head trauma since the scooters have hit the streets of cities across the country. The CDC found that 45% of accidents involving scooters resulted in head injuries. Many of these injuries result from the fact that riders are not wearing protective gear when they use scooters. While typically riders agree that they will wear a helmet when they sign in to use an E-scooter, the reality is that most riders are not wearing any protective gear. This makes them particularly vulnerable to serious injuries. Negligent drivers can cause accidents with scooters. Because scooters have a low profile, they can be difficult for a driver to see, especially if the driver is not paying attention to their surroundings. Drivers need to respect an E-scooters space, especially when they are operating in crosswalks. A failure to do so can result in catastrophic injury. Contact a Tampa Bay Accident Attorney If you’ve been injured in an E-scooter accident, you may want to consult with an experienced personal injury attorney. The attorneys at Abrahamson & Uiterwyk have been representing accident victims for over 30 years. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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Pain and Suffering in Florida

Category: Personal Injury |

When you’ve been in an accident involving an injury, you’ve likely sustained economic loss in the form of medical bills and lost wages. In addition, you’re probably experiencing a significant amount of physical pain and emotional anguish as a result of the accident. In Florida, you may be entitled to compensation for this pain and suffering. What is Pain and Suffering? Pain and suffering includes any physical, emotional, or mental distress that you’ve experienced as the result of an accident. There are a number of factors that a court may look at to determine the extent of an individual’s pain and suffering, including: The duration and extent of the injuries sustained The effect these injuries have had on the overall well-being and mental and physical health of the individual The physical pain and mental anguish suffered in the past and what can be expected to be suffered in the future Any disfigurement and the embarrassment associated with the disfigurement Any loss of capacity to enjoy life While it can be difficult to put a dollar figure on someone’s pain and suffering, these factors can help establish a framework for determining the extent of someone’s anguish. Examples of Pain and Suffering The extent and type of pain and suffering endured depends entirely on the circumstances of the accident and the severity of the injuries sustained. Some examples of pain and suffering include: If you sustained burn injuries as the result of a serious truck accident and these burns are still painful and resulted in significant scarring, you may be able to recover damages for the physical pain you continue to suffer and the disfigurement you sustained. If you fractured your leg in a car accident and sustained serious pain for nine months, you may be able to recover damages for the period of time you were in pain and unable to engage in your daily activities. Contact a Tampa Bay Injury Attorney If you’ve been injured due to someone’s negligence, you should have an experienced injury attorney near you evaluate your case. At Abrahamson & Uiterwyk, we have over 30 years of experience helping the injured. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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Should I Get Medical Treatment After my Car Accident

Category: Personal Injury |

One of the most common questions people have after a car accident is whether they should seek medical treatment. People involved in minor accidents, “fender benders,” and even serious accidents sometimes feel that if they’re not actively bleeding everywhere, they wouldn’t need medical help. Some people believe that if they can’t see the injury, then there must not be one. This is not true, and it is important to remember that, just because you can’t see an injury doesn’t mean one isn’t there. Injuries such as whiplash, internal bleeding, some fractures, and head injuries don’t necessarily present themselves right away. In addition, the adrenaline coursing through your body following an accident can prevent you from feeling the effects of an injury. It is important to always seek medical attention, even if you were involved in what you feel was a minor accident. Seeking Immediate Medical Treatment It is important that you get checked out by a medical doctor as soon as possible. Documenting your injuries immediately following your accident can be important to proving a claim for compensation. You have nothing to lose and everything to gain by seeing a doctor immediately. Seeking Medical Treatment the Next Day  Many car accident victims go to the doctor the next day because that’s when they begin to feel pain and other symptoms from their injuries. It’s common to wake up the morning after an accident and feel pain and stiffness caused by your injuries. While it doesn’t necessarily mean you are seriously injured, some latent symptoms can be a sign of serious injuries. Whiplash and some muscle injuries can take days or even weeks before presenting symptoms. Later Symptoms If you sought medical treatment and the doctor believed you weren’t injured, this does not mean it is necessarily true. You may feel the symptoms of an injury days or weeks down the road. Headaches, body aches, and other symptoms should be checked out by a doctor even if they occur days after an accident. You may believe that the stress of the accident is the source of your headache, but it could be a sign of a traumatic brain injury such as a concussion. It is important not to self-diagnose your symptoms. Contact a Tampa Bay Car Accident Attorney It is always a good idea to seek medical treatment after a car accident. If you’ve been injured in a car accident, you may also want to seek the help of an experienced car accident attorney. The attorneys at Abrahamson & Uiterwyk, have helped thousands of car accident victims and are available to help you. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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Abrahamson & Uiterwyk: What Our Clients Say About Us

Category: Personal Injury |

At Abrahamson & Uiterwyk, our personal injury attorneys have over 30 years of experience helping the injured. We’ve helped over 20,000 accident victims get the compensation they deserved for their injuries and pain and suffering. We’ve demonstrated that we can get the job done and have results to show for it. We are proud to have served our community and are very proud of the hundreds of 5-star reviews and testimonials we have received from satisfied clients. Here’s what some of our clients have to say about us: Chiara B. of Clearwater notes in her Yelp review: “After being injured in a car accident, a relative of mine highly recommended that I contact Attorney Erik Abrahamson.  After contacting his office, they met with me the very same day and immediately began working on my case.  As a result, I was able to focus on me and getting better.  The staff was always professional, kind, and compassionate.  They kept me up to date every step of the way and always took the time to thoroughly answer any questions I had.  In the end, I was very pleased with the settlement Attorney Erik Abrahamson obtained in my case.  All of my medical bills were taken care of and I was fully compensated for the pain and suffering I endured due to someone else’s carelessness.    I highly recommend this firm and will definitely hire them again if ever needed.” Adrianne T. notes in her Google review: “Calling Abrahamson & Uiterwyk was the best decision. After my accident their staff helped put me at ease by taking care of everything. They answered all of my questions and were always so friendly and knowledgeable. I highly recommend this firm!” Laura P. noted in her Google review: “I used Abrahamson & Uiterwyk to represent my daughter and I after we were hit in a car accident. Everyone was extremely helpful, friendly and professional. I appreciate the easy communication I had with the entire staff. Everyone went above and beyond throughout the entire process. I would definitely highly recommend them!” Rick M. noted in his Google review: “Abrahamson & Uiterwyk were amazing from the time I called them to the time they closed the case. They quite literally took care of everything so all I had to do was show up for the doctor visits and focus on healing. They handled everything else throughout the process and remained in constant communication to keep me abreast of my case. Initially,I was a little apprehensive to hire an attorney, but looking back now I couldn’t be happier with that decision. Any stigma or negative preconception you may have about hiring an attorney will be quickly dispelled by Abrahamson and Uiterwyk – they are thorough, professional, compassionate and will always work for your best interest. I highly recommend them if you ever find yourself in a situation where you may need an attorney.” This is just a small sample of the positive reviews we’ve received from our clients over the years. You can find more of our reviews hereand on the Google pages for our offices. While not all clients will have the same or similar outcomes, we would still love the opportunity to evaluate your case for free. Contact us onlineor call us at 855-293-5630 to set up your free consultation today.

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The Elements of a Negligence Claim

Category: Personal Injury |

In most injury and accident claims, the basis for the claim is that someone acted in a negligent manner. Generally speaking, when a person acts in a negligent way, that person may be held liable for the injuries they cause. In order to establish a negligence claim, there are four essential elements that must be proven. Duty It must be established that the negligent party owed a duty of care to the injured party. Whether there is a duty will depend on the circumstances. A property owner owes a duty to residents and visitors of the property to keep it reasonably safe from hazards. So, unless you were a trespasser, if you were on someone’s property, they had a duty to make sure the property was safe. Every driver on the road owes the basic duty to other motorists, pedestrians, and bicyclists not to drive in an unsafe and careless manner. Breach of Duty A breach of duty occurs when the negligent person does something careless or carelessly doesn’t do something, in violation of their duty. In a slip and fall case, if a property owner fails to fix a broken staircase, then they have breached their duty to keep their premises reasonably safe from hazards. If a driver texts while driving and causes an accident, that driver has breached their duty to drive in a safe manner. Causation The causation element means that an injured party must show that their injuries were caused by the other person’s breach of duty. If someone sustains a head injury in a slip and fall accident, they must show that the injury was the result of the property owner’s failure to keep the property in a safe condition and not the result of something else. In a car accident, you would have to prove that any injuries sustained were the result of negligent driving. Damages This is the most basic element, and it means that there must be some sort of injury or loss for which the victim may be compensated. If you were in a slip and fall accident and you weren’t injured in any way, then the property owner can’t be held responsible because there are no damages. Contact an Experienced Personal Injury Attorney Proving the elements of a negligence claim can be complicated. So, if you’ve been injured due to someone’s negligence, you may want to consult with an experienced Tampa Bay injury attorney . The attorneys at Abrahamson & Uiterwyk have over 30 years of experience helping injured Floridians. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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Bone Fracture Injuries

Category: Accidents |

When you experience a serious fall or are involved in a car accident, the amount of force put on your body can be enough to cause bone fracture injuries. Serious bone fractures can affect a person’s day to day life and lead to long term consequences. Common Causes of Bone Fracture Injuries Broken bones can result from a number of different causes, but they are frequently the result of: Slip and fall accidents Car accidents Motorcycle accidents Bicycle accidents Pedestrian accidents Nursing home falls If your bone fracture was the result of someone else’s negligence, then you may be entitled to compensation for your medical bills, lost time from work, and pain and suffering. Types of Bone Fracture Injuries  Large and small bones in your body can be fractured if a significant amount of stress is applied. Disease and age can sometimes make bones more prone to fractures. Bone fracture injuries come in a number of different forms, and your doctor may use some different terminology to describe your fracture. Types of fractures include: Complete Fracture—occurs when a bone is cleanly broken into two pieces. These fractures are typically the result of car accidents. Greenstick Fracture—occurs when a bone bends and cracks. Children are more likely to experience greenstick fractures because their bones are softer and more flexible than an adult’s Open Fracture—occurs when a fractured bone pierces the skin Closed Fracture—occurs when the broken bone does not pierce the skin Comminuted Fracture—occurs when the bone fractures into three pieces or more or is crushed Displaced Fracture—occurs when a fracture not only breaks the bone but forces the pieces out of alignment. Stress Fracture—are hairline cracks in the bone that may be hard to see but still cause significant pain. Most Commonly Broken Bones The clavicle is the bone that is most commonly broken in a car accident or a fall. Some other areas where bones are frequently broken include: Arms Legs Wrists Ankles Toes Feet Bone fracture injuries to these areas are not only common but can also be devastating and life-altering. These bones are essential to daily functioning, and when they become injured, it becomes difficult for a person to complete day to day tasks. Contact an Experienced Accident Attorney If you’ve sustained a bone fracture injury due to someone else’s negligence, you should consider consulting with an experienced personal injury attorney to discuss your options. At Abrahamson & Uiterwyk, we’ve been helping injured Floridians for over 30 years and would like to help you. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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Choosing the Right Tampa Bay Attorney

Category: Personal Injury |

When you’ve been injured due to someone else’s negligence, you may decide that hiring a personal injury attorney is the next step. In the Tampa Bay area, there are hundreds of personal injury attorneys. So how do you know which attorney is right for you? There are a few key things you should look for before hiring an attorney. Focus of Practice When choosing the right attorney for your personal injury claim, you want to find a firm that focuses on accident claims. Some firms practice in multiple areas of the law. At Abrahamson & Uiterwyk, we focus solely on accident cases such as car accidents, slip and falls, and motorcycle accidents. This allows us to give these cases the attention they deserve. Experience One of the most important things to look for when choosing the right attorney is finding someone with extensive experience handling accident cases. Hiring a personal injury attorney with a great deal of experience in your area means that the attorneys will know how to investigate your case, what to look for, and where to look for it. At Abrahamson & Uiterwyk, we have over 30 years of experience handling accident cases. We work on these cases every day and know the steps needed to help you pursue compensation for your injuries. Reputation Look for testimonials and reviews of an attorney before you hire them. The opinions of past clients can be very helpful in determining whether they are trusted and experienced. At Abrahamson & Uiterwyk, we are proud to have represented over twenty thousand satisfied clients over the years. We have hundreds of five-star reviews from clients on Google. In addition, we have received a “Best Law Firm” rating with U.S. News and World Report, an A+ rating with the Better Business Bureau, and the highest possible AV rating with Martindale-Hubbell. Results Another important thing to look for when choosing the right attorney is whether they have successfully achieved results for their clients. At Abrahamson & Uiterwyk, we have recovered hundreds of millions of dollars in verdicts and settlements for our clients. Contact an Experienced Tampa Bay Attorney At Abrahamson & Uiterwyk, we have the skills and experience you need if you decide to hire a personal injury attorney. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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What is a No Fee Guarantee?

Category: Personal Injury |

At Abrahamson & Uiterwyk, we are honored to represent thousands of clients who have been injured due to negligence. As part of this representation, we are proud to offer all of our clients a No Fee Guarantee. This means that you pay no fees or costs unless you receive compensation.  What is a No Fee Guarantee? Our No Fee Guarantee means that if you decide to hire us to represent you in your injury claim, you pay Abrahamson & Uiterwyk nothing up front. This is also known as a contingency fee arrangement. We don’t collect any fees or costs unless you win. If you don’t receive compensation, then you owe us nothing. If compensation is obtained, either through a settlement or a verdict at trial, you pay us a percentage of the settlement or verdict. What are the Advantages of a No Fee Guarantee? A No Fee Guarantee is advantageous to a client for a number of reasons. Not having to pay money up front means that you don’t have to worry about paying thousands of dollars to an attorney in order to pursue your claim. In addition, a law firm in a contingency fee case generally only takes on a case if they believe there’s a good chance of success. A lawyer then has a huge incentive to work hard on your case in order to get the best possible outcome for everyone involved. Contact an Experienced Personal Injury Attorney If you’ve been injured due to someone else’s negligence, you should consider consulting with an experienced personal injury attorney. At Abrahamson & Uiterwyk, we are happy to answer any questions you may have about our No Fee Guarantee and other aspects of a personal injury claim. Contact us online or call us at 855-293-5630 to set up your free consultation today.

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