Archive for the 'Personal Injury Lawyer' Category

Oct 07 2008

Whiplash Compensation Claims

Published by admin under Personal Injury Lawyer

Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards. People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue.

The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays. Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.

To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation.\r For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilizing disability. And if the accident was not your fault then you would be daft not to take legal action. There are now no win no fee agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.

Carolyn Clayton is the webmaster of Whiplash UK a popular whiplash article site. Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

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Oct 07 2008

What is a Statute of Limitations?

Published by admin under Personal Injury Lawyer

What is a statute of limitations? It is a legal deadline to file a lawsuit. The timeframes are defined by laws, written as statutes, which vary from state to state. Statutes of limitations differ depending on the type of legal claim as well.

Why do we have statutes of limitations? After an event, recalling what happened gets more difficult for the parties concerned, including witnesses. Important evidence may be lost if a case is brought to court a long time after the incident. Additionally, people want to get on with their lives without the fear of legal interference cropping up well into the future. That would certainly make for a lot of paranoia, wouldnt it, if there was no time limitation for bringing a claim to court. That woman fell in my building 10 years ago, and NOW she wants to go to court?? That building burned down 5 years ago.! I have no personal recollection, but my records reflect that she was my patient 17 years ago and apparently I saw her twice.

Thats why it is up to the injured person or party to adhere to deadlines if they want to file a lawsuit. They shoulder the responsibility for it, which makes sense - they are seeking justice for a wrongdoing against them. A statute of limitations is met, or satisfied, as of the date the complaint is timely filed with the court. If a complaint is filed after the statute of limitations has passed, the lawsuit will be thrown out of court.

Statutes of limitations also depend on the type of injury. Here is a list of different injury categories (state variances shown in parentheses):

* Negligence: personal injury (1 to 2 years) or intentional wrongdoing (1 to 6 years);

* Professional malpractice: medical (1 to 4 years from act or occurrence of injury, or 6 months to 3 years from discovery, and certain circumstances will extend statute, including if party is a minor, foreign object, or fraud), and; legal (1 to 3 years from date of discovery, or a maximum of 2 to 5 years from the date of the wrongful act);

* Breach of oral contract (2 to 6 years);

* Breach of written contract (3 to 6 years);

* Misrepresentation and fraud (3 to 6 years);

* Fraud or mistake (3 to 6 years, time commencing on date of discovery of fraud or mistake, not the occurrence);

* Enforcement of civil judgment (5 to 25 years);

* A claim against a government entity (usually less than 1 year);

* Federal income taxes (10 year limit on collection of federal taxes); and

* State income taxes (varies from state-to-state; some states have no limit on this).

Currently in Kentucky, the statute of limitations for personal injury claims (ex: medical malpractice, slip and fall) is 1 year. A workers compensation claim falls under the the statute of limitations of 2 years from the date of injury, or 2 years after the last voluntary payment of income benefits, whichever occurs last. Injuries as a result of an automobile accident fall within a 2-year statute of limitations from the date of the accident, or 2 years from the last PIP (personal injury protection) insurance payment, but not exceed a total of 4 years. Interesting note some case law suggests that ATVs are not considered vehicles in the same sense, in which case the statute of limitations for injuries sustained while operating an ATV would be only 1 year.

Attorneys will help those experiencing injury establish what their particular statute of limitations is. It is very important not to exceed the deadline if one wishes to present a claim to court. Seek legal assistance to be certain you understand what to do, and when to do it, to protect your right to file claims.

This article is not to be construed as legal advice. I am not an attorney. It is merely an article to promote awareness. Contact an attorney with any questions you may have.

Laura McDonald is a paralegal. She has many years of experience in the areas of personal injury (accident related and medical malpractice), workers compensation, civil litigation, family, environmental, and corporate law, estate planning, and bankruptcy. She is employed by Michael L. Hawkins & Associates, P.L.L.C. in Frankfort, Kentucky. Her website is: http://www.paralegalsecretary.bravehost.com. Laura is available to encourage anyone interested in entering the paralegal field or seeking to improve related skills.

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Oct 06 2008

Questions To Ask When Interviewing Personal Injury Lawyers

Published by admin under Personal Injury Lawyer

When you are meeting with personal injury lawyers there are many questions you need to ask to ensure you are getting the information you need to make a good decision. The following questions are some of the most important questions that you need to ask Boston personal injury attorneys before making a decision as to which Boston personal injury lawyer will represent you.

The first question you should ask when you arrive at the personal injury lawyers office is whether or not the consultation is given free of charge. If you are expected to pay for the consultation you will want to know up front so you can decide whether or not to continue. Waiting until after the consultation to ask is too late. So, be sure this question is addressed first thing in the consultation or even before you arrive with at the Boston personal injury attorneys office.

The next important question to be addressed is about your rights. You will want to ask the Boston personal injury lawyer what rights you have that require protection. The lawyer should be able to immediately give you the answer based on your case. If not, you will want to find another more knowledgeable attorney.

You will also want to ask about medical bills and who is responsible for paying them. If you are visiting a personal injury lawyer it stands to reason you have medical bills. Find out who will pay for your drug and medial bills, lost income, pain and suffering, household help, and more.

Make sure you also ask the personal injury lawyers about how they will help you protect your rights as well as what forms and papers need to be filed. Find out if the law firm will help you obtain and file these papers or if you are on your own.

Claim letters will also need to be sent and you want to know what insurance companies should be notified and who is responsible for doing this. Is it your responsibility or will the law firm handle this for you? Make sure you know this answer so you dont run into problems.

There are of course many other questions you will want to ask your Boston personal injury attorney and that is ok. During your consultation you should have your questions answered and if you feel comfortable with the law firm then you may make the decision to have them represent you. Dont forget to ask about payment and if there are any deferred payment plans or if payment may be made through the settlement. When you get all of your questions out of the way the case will go much smoother. Just make sure you take notes so you remember everything you discussed.

Natalie Aranda writes about laws. When you are meeting with personal injury lawyers there are many questions you need to ask to ensure you are getting the information you need to make a good decision. The following questions are some of the most important questions that you need to ask Boston personal injury lawyers before making a decision as to which Boston personal injury lawyer will represent you. So, be sure this question is addressed first thing in the consultation or even before you arrive with at the Boston personal injury attorneys office

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Oct 06 2008

Traveling Safely Alongside With Trucks

Published by admin under Personal Injury Lawyer

Trucks share a vital role in transporting goods such as livestock, equipment, garments and other essential products for businesses and trades. These large vehicles somehow occupy significant portion of our thoroughfares. Thus, most of the motorists are caught unaware of the possible dangers they are facing whenever they share the road with them. The massive size and weight of these trailers make them capable of causing serious damages. Hence, this piece of writing will try to impart several tips on how to avoid being engaged in truck related accidents.

    It is quite important for all the drivers to execute due cautiousness whenever they travel on the roads. However, they should follow these precautionary measures especially if they move along with trucks:
  1. Keep your vehicle out of the truck blind spots. The truck drivers have the great probability of not seeing you in these unsafe areas. These spots include the trucks rear and certain portions on its sides. In order to determine if the truck driver has a full view of your vehicle, try to look at the drivers side mirrors. If you o not see those mirrors, then you are on the blind spot and must maneuver your vehicle to a much safer area away from the truck.\r
  2. Maintain a secured distance from the truck. Generally, it is safe enough to keep 20 to 25 car lengths from the rear end of the truck. This sizable space will enable you to have a clear view of the trailers front and gives you much time to stop or steer your vehicle in case of traffic congestion or road accident; keeping you away from possible harm and injuries.\r
  3. Be careful when trying to pass a large trailer. However, it is also necessary to maintain a safe distance from the truck even when already on its front. This will give the truck driver to step on the brake and slow down if you have also reduced your speed.\r
  4. Better yet, move your vehicle to another lane away from the path of the truck. Most of our highways are wide enough for several motorists. Doing this move will definitely hinder these trucks from harming you.\r
  5. Utilize your signal lights when needed. The other drivers should know if you want to make a turn or stop. This will warn them of your impending actions.

\rUnderstanding the potential scenarios when driving alongside with trucks and performing these safety measures will prevent an individual from engaging with road tragedies. Nonetheless, if ever you have incurred an injury from a truck accident, consult a truck accident lawyer, who has the expertise on personal injury laws and injury claim suits, for proper advice and representation on whatever legal actions you can pursue. The laws indeed entitle the injured victims to recover sufficient amount of damages. Meanwhile, it is up to you if you would make the most out of these rights. Hire your most trusted competent legal advocate and be guided accordingly.

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Oct 05 2008

When A Motorcycle Accident in Los Angeles Stops You In Your Tracks

Published by admin under Personal Injury Lawyer

There are many different types of accidents waiting to happen every day, and they are waiting everywhere that we go. One quick mistake by someone being negligent, can result in a tragic accident.

Motorcyclists perhaps live with this reality, even a little more than automobile drivers. When they are on their motorcycle, and riding in the middle of traffic, just one tiny mistake that either they make themselves, or a mistake made by another negligent driver, can ultimately cost them their very life.

A motorcycle rider does not have the added protection that an individual has when they are operating an automobile. A tiny fender bender that someone could experience in an automobile or truck, could be a tragic life-changing event for a motorcycle rider.

When a motorcycle accident stops you in your tracks in San Bernardino, Orange County, Palm Springs, Studio City, or any other community or city in California, it is of utmost importance for you to contact leading motorcycle accident attorneys who specialize in personal injury and wrongful death that are common in occurring in these types of accidents. In having the assurance that you will receive the highest amount possible by law for your claims, you will need the expertise and vast knowledge that comes with retaining the expertise of motorcycle accident attorneys to litigate your case.

Some of the personal injuries that are most common in happening to victims involved in a motorcycle accident are broken or fractured bones, concussion, coma, deglove injury, road rash or road burn, loss of a limb, paraplegia, quadriplegia, traumatic brain injury (TBI), eye injury, dislocated shoulder, and even wrongful death.

Before you even realize it, the totals for specialized medical care and attention can climb very high, very fast.

If you or one of your friends or family members have become the unfortunate victim of a tragic motorcycle accident, you will want to make that important call today, in retaining a specialized personal injury attorney. When a motorcycle accident stops you in your tracks in LA, let only experienced and Los Angeles motorcycle accident lawyers who are recognized as injury lawyers Los Angeles. Getting local catastrophic injury lawyers in your local cities is always easier when confronted with a case at the local courthouse.

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Oct 04 2008

How To Protect Your Children And Yourself From A Dog Attack

Published by admin under Personal Injury Lawyer

In order to protect your children and yourself from a dog attack you need to follow the important safety rules below. Children, especially, need education about protection from dog attacks because they may behave and move in such a way that dogs mistake them for prey, and they are less able to defend themselves from a dog attack.

Always keep your face away from dogs.

Be careful about intruding on the dogs territory.

Be certain a dog is aware of your presence before you handle it, because a startled dog may attack on reflex.

Do not chase or tease dogs.

Do not disturb a dog that is busy eating or chewing a toy. Let sleeping dogs lie (sleep). If a mother dog is caring for her puppies, leave her and the puppies alone.

Do not make loud sounds near a dog.

Do not put your hand or other body parts between two dogs.

Do not run because you cant run faster than a dog.

Do not stare into a dogs eyes and avoid direct eye contact. Dogs perceive this as aggressive behavior.

Do not try to help an injured dog; get an adult (or another adult) to help.

Get permission from the dogs owner before approaching a dog, and make sure the owner is present.

If a dog knocks you over, roll into a ball, cover you face and neck, and remain still (play dead).

If a dog starts to circle you, turn with it instead of letting it get behind you.

If the dog is showing aggressive behavior such as growling or baring its teeth, place something between you and the dog, such a coat or backpack, and slowly leave.

If you happen upon a stray dog, leave the area as quickly and safely as you can.

Just because a dog wags its tail doesnt mean it is friendly.

Never approach a stray dog or unfamiliar dog, and be cautious while around one. Be especially careful when a dog is behind a fence, confined, in a car, or tied up. Dont reach through a fence to pet a dog.

Never approach or play with a dog unless an adult is present.

Never leave an infant or small child alone with a dog.

Never play with a dog without allowing it to sniff you first.

Remain calm and still when a dog approaches you. Remain motionless with your hands at your sides. If the dog appears friendly by wagging its tail and raising its head and ears up, let it sniff you and speak to it with a soothing voice.

Remember, there is no such thing as a dog that doesnt bite.

http://www.thefloridafirm.com/dog_bite_lawsuits.html Please click here for more information regarding dog bite injury claims and dog attacks in the Orlando, Florida area

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Oct 04 2008

What Is Medical Negligence?

Published by admin under Personal Injury Lawyer

Medical negligence is much more than a doctor making a mistake. To prove that the doctor was medically negligent, your solicitor must also show that in making that mistake the doctor or dentist provided a standard of care that was unacceptable by the standards of the profession. Negligence can include an act or a failure to carry out an act (an omission). This might include, for example, a doctor performing surgery incompetently or failing to refer a patient for specialist advice where this is indicated.

Your solicitor will also need to prove a link between the alleged act of negligence and the damage or injury suffered. This link is called causation and is often the most difficult part of evidence in a medical negligence claim.. For example, if a General Practitioner failed to refer a patient to hospital who was suffering from bowel pain and eventually the patient is seen at hospital and is diagnosed a suffering from cancer. Your specialist medical negligence solicitor would have to prove that any negligent delay in the referral to the specialist caused a deterioration of the cancer or that had the referral been made initially a full recovery might have taken place. Your solicitor will need to obtain expert medical advice to assist with these questions.

The legal tests of negligence and causation are difficult to establish and it is important that you seek early and urgent legal advice only from a specialist solicitor.

You should ensure that your solicitor has a Legal Services Commission franchise in medical negligence. Only firms with this franchise can offer public funding (Legal Aid) to pursue medical negligence claims. The firms are assessed for expertise and internal management standards before being awarded a franchise and their performance is measured against quality standards in an annual audit.

Specialist solicitors are usually members of the AVMA (Action for Victims of Medical Accidents) panel or the Law Society Medical Negligence panel. These bodies ensure that any solicitor on their panel has experience and expertise in dealing with a range of medical negligence claims from outset to trial, if this proves necessary.

AVMA or the Legal Services Commission can give you details of specialist solicitors in your area.

For further information regarding Medical Negligence please visit our website.

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Oct 04 2008

What is a Personal Injury Case? A Brief Overview

Published by admin under Personal Injury Lawyer

It is very difficult for most lawyers to explain in plain language, the intricacies of cases and the law. The reason for this is there is nothing simple or easy about the law. Most of us lawyers spent either 3 or 4 years in law school learning the law, and were awarded the degree of Juris Doctor. After law school we then had to pass a comprehensive Bar examination, as well as a Moral Character examination, to become licensed to practice law. It does not stop there; we then have to complete Mandatory Continuing Legal Education, and continuously keep up to date in new changes in the law to stay on top of our game, this is why it is so critical to retain a competent lawyer if you have a case. Do not attempt to practice law on your own. This will be the subject of an upcoming article.

I will attempt to give a brief overview of what a personal injury case typically consist of, in plain language. I could write a book on the subject. Maybe someday I will. However, the purpose of this article is to give a brief synopsis on what a Personal Injury Case is.

A Personal Injury case is known in the law as a Tort. A personal injury case to a non-lawyer may seem like a simple proposition; however nothing in the law is simple.

Obviously, a personal injury case must involve someone, or an entity being injured. A personal injury case could involve physical, emotional, reputation, privacy, business, and other types of injuries. So the term personal injury is in of itself a bit deceiving.

There are three main types of personal injury cases; (1) Intentional Personal Injury Cases caused by the intentional acts of others or entities; (2) Personal Injuries caused by Negligence of others or entities; and (3) Strict Liability Personal Injury Cases caused by products which have a manufacturing defect or a design defect.

The basic principal of a personal injury case is that a person or entity must have done something, to a person or entity, that causes a person or entity to be damaged, and for which the other person is legally liable.

The basic elements of a personal injury case are: (1) Liability (a person or entity is legally responsible for causing harm to a person or entity); (2) A person or entity suffered damages as a result of the harm; and (3) There is no legal excuse for the person or entity causing the harm. In the upcoming months, I will attempt to write in-depth articles on each element of a personal injury case, but that is not the purpose of this article.

There could be two or more parties to a personal injury case depending upon how many persons or entities are involved. The person or entity that is harmed is called the Plaintiff. The person or entity that is being sued for the harm is called the Defendant.

Often times a defendant or defendants may have insurance that will pay for the harm that they caused.

If you feel as though you have been damaged by an intentional act of a person or entity, by the negligence of another, or by a product defect, do not mess around, call a lawyer to find out if you have a viable case, and to obtain legal representation. There is a saying Only a fool has himself for a client. This will be the subject of another article.

By Norman Gregory Fernandez, Esq., Copyright 2006

Norman Gregory Fernandez is a California lawyer who handles many types of legal matters. You can reach him through his website at http://www.norman-law.com

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Oct 02 2008

Practical Tips to Avoid or Prevent Car Rollovers

Published by admin under Personal Injury Lawyer

Every consumer must know about the updates concerning the products and merchandise he or she is patronizing or intends to patronize.

In the case of deciding what car to purchase or own, safety is the most important concern. It is in this context that you must remember not to be drawn into false assumptions with regards to purchasing the type of car you intend to purchase.

When you are planning to own a car, keep in mind that you have to deal with real and proven data. Do not be drawn with assumptions and general popularity, demand or appeal.

Thus, you must know that planning to own or buy an SUV or sport utility vehicle could be a risky investment.

The auto industry in the country is quite sure and has been proven correct concerning SUVs as a risky type of vehicle. The SUV is a kind of automobile that has been notoriously known in the industry as to become involved in a rollover accident, too easily.

While there has been crash and rollover tests conducted that somehow prove this claim, it must be remembered that SUV rollovers commonly does not happen just because of defective manufacture or design. Most car rollover accidents are also attributed to the dangerous conditions and irresponsible actions of the drivers.

More than other cars, SUV rollovers occur because this type of car is essentially top heavy.

Now, not buying an SUV does not mean that you have already prevented yourself from being involved in a rollover accident. Moreover, driving an SUV only means that you just have to be extra careful not to become involved in a rollover accident.

Here are several tips to save you from the inconvenience, danger and injuries of becoming involved in a car rollover accident.

- Choose a smart SUV. Find out which among the line, type and brand of SUVs is risk-free. It is a given that before making major decisions in life, you first have to research, study and compare.

Here are the things you need to research before deciding on an SUV:

- rollover ratings
\r
- consumer reports
\r
- consumer guides

- Once you have chosen the SUV, the next thing to remember when driving it \”like an SUV.\” If you have been used to other types of motor vehicle, do not attempt to drive away quickly as soon as you had your SUV ready.

Training and getting advice from those who are used to SUV, driving is needed before attempting to take yours on the road. Those experienced would probably tell you that when you are on a SUV, you could not take on curves as swiftly. Rollover is very likely once you attempt to do this.\r
Feel up your SUVs brakes, steering, acceleration and other vital gears for a few days before you speed it down on the highways.

- As with driving any other vehicle, remember to drive safely when dealing with an SUV. Rollovers usually happen when your SUV goes off unto the main roads.

As much as possible avoid doing other things that would distract you from driving.

- Always drive based on what has been prescribed or declared safe according to the weather conditions. Do not attempt to ride your SUV too much on unsafe roads with lots of potholes. They may become the reason for your vehicle to come off balance and cause a rollover.

Bottom line is that whatever vehicles you drive in remember the risks and the tips given to avoid any kind of accident, and save your life and others, as well.

Seek more preventive measures and informational resources in avoiding the occurrence of car / vehicle rollover crashes by consulting with a car rollover lawyer

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Oct 02 2008

Winning Auto Accident Personal Injury Claim 101

Published by admin under Personal Injury Lawyer

When someone harms us or prevents us from living a normal life, we are often desperate for vengeance. It is a normal feeling to be so overwhelmed with frustration, especially when an accident leaves us claiming workers compensation or getting nowhere when our insurance companies just dont seem to listen.

If you have been harmed by another person whether it is emotional pain or strictly an auto accident injury, you have every right to file for a personal injury claim. However, you must keep everything on file. From doctors files to medical bills and fees; this is the only way you are going to back up that you really do need compensation. Due to the persons fault, you do not only have to leave work, but you also have financial burdens piling up.

When you do end up in an accident and acquire an auto accident injury, you must follow the following steps. Make sure you write in full detail what happened. Also take a lot of photos documenting the accident. If you dont do these things immediately, chances are you will forget minor details days later. These minor details could actually help your personal injury claim, thus it will benefit you down the road. Additionally, find witnesses who may have been around the accident. This will help you pick witnesses for your case and will also be a major resource against the defendant.

Once you have documented all of this information, you must get a medical examination. The doctors notes will prevail in court, especially when there are photos that go along with the record. After you get checked by a professional, ask to get a copy of the billing, to make sure you document the amount of money you have been spending.

While all of these things are vital, you will never win a case unless you have a personal injury attorney. Hiring a personal injury lawyer will not only increase your chances of compensation, but insurance companies tend to negotiate quicker when they see that you have support. The last thing an insurance agency wants is any bad publicity. They want to avoid all law suits, especially ones that could leave them bankrupt!

If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. However, make sure you find their references, call their former clients, and read up on what cases they have done. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

Just because you have an auto accident injury, doesnt mean that you will be scarred for life. File for a personal injury claim, hire a lawyer, and keep your head up high. If you have followed the above tips when you get into an auto accident, you will be more than prepared.

Natalie Aranda writes on family and law. If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

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