Tag Archive for: car accident

Why Is The Insurance Company Investigating My Claim?

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Why Is The Insurance Company Investigating My Claim?

If you’ve had a recent car accident and are trying to get your property damage addressed, you may be feeling some frustration. We talk to clients every day who tell us that while the car accident was not their fault—and the police report clearly shows that—the insurance company is delaying repairing their car. The reason given is that “the insurance company is investigating my claim.” If the insurance company is investigating your claim and it’s interrupting your life, we’re here to help.

Are They Allowed To Investigate My Claim?

If the police report clearly shows the accident is not your fault, and if the other driver does not dispute fault, it would seem that the insurance company has no need to be investigating your claim. That being said, they are entitled to a reasonable amount of time to investigate the claim. We will always argue over what is a reasonable amount of time. In instances where the other driver is lying about the accident, you may face a tougher battle. Usually, from your perspective, it feels like the insurance company is simply delaying doing a necessary repair.

What Can I Do While The Insurance Company Is Investigating My Claim?

Your main concern is getting your vehicle in operating mode again, or getting a repair done. While the insurance company investigates your claim, you have no way to get to work or pick up kids from school activities. Typically, the answer to this is to start a property damage claim with your insurance company. This might feel counter-intuitive because the accident wasn’t your fault. First, you’re correct in feeling this way. Second, you’re right to be skeptical of an insurance company that claims to need more time to investigate an obvious claim. Lastly, your insurance company has seen this countless times and they will step in to help.

Usually, your insurance company will provide you with a rental vehicle, repair your vehicle, or both. You may even have to pay your deductible. In the end, however, your insurance company will seek reimbursement from the at-fault driver’s insurance company. This means that in the end, the other driver’s insurance company pays for the property damage. You should fight hard to not have to pay a deductible, though, this varies from one insurance company to the next.

Should I Get A Personal Injury Lawyer?

Typically, a personal injury lawyer or personal injury law firm will be more interested in your personal injury claim. Each accident claim contains both a property damage claim and a personal injury claim. We always tell clients that we don’t want to charge them for the property damage claim, so we don’t. Instead, when a client hires us to handle their personal injury claim, we offer guidance on how to proceed with getting blue book value for your car or getting the repair properly done. We are happy to make a phone call or write a letter to the insurance company if they are not performing on the property damage end for the client.

Further Reading

If you’d like to read more articles like this one, please visit the rest of our Personal Injury Blog on this site.

Help! The Insurance Company Is Investigating My Claim!

If an insurance company is investigating your claim and you’d like to speak with a lawyer, we’re here to help. You can call us at 704.749.7747, or click for a FREE CASE EVALUATION and we’ll reach out to you. You’ll speak with a lawyer today, and you’ll understand your rights by the end of the phone call or meeting. We know you have choices, and we hope you choose to Recover With Us.

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Signs Of A Concussion – Car Accidents

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Signs of a concussion are sometimes subtle. It’s important, especially after a car accident, to monitor yourself or family members for any or all of the symptoms outlined in this short article. Signs of a concussion sometimes show up hours or even days after an accident or injury to the head. Certainly, a medical expert’s opinion will help you confirm or dispel your concerns surrounding concussions. Our firm routinely represents injured individuals in personal injury matters involving concussions. Because treatment for concussions is limited, insurance adjusters often attempt to low-ball clients for their injuries. Our experience routinely negotiating concussion claims pays off when we work to settle your claim. In addition to the pain and suffering you experience when you receive a concussion from a car accident, there is also the threat of future concussions, which should be accounted for in your settlement.

If you would like to speak with a Charlotte personal injury attorney today, call 704.749.7747 or click to request a FREE CASE EVALUATION and we will reach out to you today. Below, you will find more information about the signs of a concussion– we hope it’s helpful.

Signs Of A Concussion

Loss of Consciousness—Loss of consciousness can occur for a few seconds or can go on for a few minutes. Any loss of consciousness associated with a car accident should put you on high alert that you may have suffered a concussion.

Speech Issues—If you are slurring speech or having trouble ‘finding the right words’, it could be because you are shaken up on the heels of an accident. However, if this symptom continues, it could be the sign of a concussion. Individuals who have trouble answering basic questions should be concerned.

Dizziness—Feeling a sense of imbalance or vertigo could be a sign of concussion. Temporary dizziness may be experienced directly after an accident, as a result of raised adrenaline or another bodily response; however, if the condition continues without reason, it should give cause for concern.

Less Obvious Signs Of A Concussion

Headaches—Often we dismiss headaches as the result of allergies, hunger, or a lack of sleep. While this may be the case, consider keeping track of your headaches after a car accident. If you can’t trace them back to specific circumstances, you could be feeling the after-effects of a concussion.

Nausea—Along the lines of headaches, nausea is a less obvious sign of a concussion. When considered together with other symptoms on this list, your nausea should be taken seriously especially if on the heels of a car accident or slip and fall injury.

Inability To Sleep—Many people experience an inability to sleep, or insomnia. This makes it difficult to isolate this symptom of concussions. Much like the other less obvious symptoms in this list, an inability to sleep should be taken into consideration together with all other symptoms.

See A Doctor After A Car Accident

Many times, our car accidents seem minor. There doesn’t appear to be much physical damage to either vehicle. Physically we feel adrenaline, but we don’t feel ‘hurt.’ For a lot of individuals, that means they decide to move forward and continue with their day. Often, the symptoms from injuries sustained as a result of the accident come on a day or two after the car accident.

Any time you’re in a car accident, it makes sense to see a medical professional. If you’re able to transport yourself safely to the hospital or Urgent Care, we encourage you to do so. If you feel as though you need an ambulance, request one from a responder on the site.

Signs Of A Concussion In Children

While many of the same symptoms for concussion occur in children, an article posted on healthline.com specifically addresses symptoms in children.

Medical Payments Insurance Coverage

This is a good time to review whether you have Medical Payments coverage with your auto insurance policy. In the event you’re in an accident—regardless of whether it’s your fault—Medical Payments coverage will cover some or all of your medical expenses associated with the accident. Medical Payments coverage is inexpensive on an annual basis, and priceless when you’re in an accident and need medical care.

Talk To A Personal Injury Lawyer

If you’ve been in a car accident, you should take steps to protect yourself both physically and legally. Call our office to speak with a personal injury attorney. Consultations are free and can be done over the phone. We can be reached at 704.749.7747 or you can click HERE to quickly request a phone call from us. We’re happy to help, and we hope you choose to Recover With Us.

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Charlotte, NC Personal Injury Attorney For Car Accidents

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Charlotte, NC Personal Injury Attorney For Car Accident

If you’ve been in a car accident in Charlotte, NC, you should call a Charlotte personal injury attorney. The call is free and it’s important to understand your rights before you communicate with the insurance company representing the driver who hit you. Call us at 704.749.7747 or click here to receive a FREE CASE EVALUATION.

Why Use A Charlotte, NC Personal Injury Attorney For A Car Accident?

As a law firm handling car accident claims every day, it’s easy to forget that not everyone understands the role a personal injury attorney performs. Not only do we believe you’ll achieve better results with a personal injury attorney, we are also confident you will protect yourself by obtaining legal representation. And the good news is, you don’t owe use anything unless we achieve a settlement or jury verdict for you.

Your personal injury attorney will not only handle all negotiations with the insurance company, but will also gather all medical records and billing. Lastly, your personal injury attorney will make sure you don’t end up with liens from medical providers after settlement. Personal injury liens can result from Medicare, Medicaid, Health Insurance, or Provider medical billing.

What Does A Personal Injury Attorney Cost?

Most personal injury attorneys charge one third of the total settlement or jury verdict, but you’ll need to review each attorney’s engagement letter prior to signing it. Additionally, in most personal injury attorney engagement letters, you will find language indicating that you will not owe the attorney or law firm anything unless they are able to reach a settlement for you. When you settle your claim, you will see where each dollar of settlement is going, including the fee to your attorney, medical billing being paid, and of course the amount you will be receiving.

Why Should I Choose The Layton Law Firm?

We pride ourselves on our ability to achieve a fair result for our clients. The decision to settle a claim or file a lawsuit is always your decision, and our job is to help you make that decision. Lastly, we believe the result is just as important as the experience. You will work with your Charlotte personal injury lawyer for months or even years. You deserve a law firm that returns calls, treats you with respect, and understands your needs. We do our very best to achieve those goals with all clients.

Further Reading

Want to read more articles like this? Check out our Personal Injury Blog articles — there are over 100 and we hope they are helpful.

Speak With A Charlotte Personal Injury Attorney

The call is free and it’s important to understand your rights before you communicate with the insurance company representing the driver who hit you. Call us at 704.749.7747 or click here to receive a FREE CASE EVALUATION.

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This Halloween Protect Yourself From Scary Personal Injury Insurance Adjusters

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Happy Halloween! Remember, in the personal injury world, it’s SCARY out there. Personal injury adjusters are not your friend. They are looking for ways to deny or de-value your car accident or slip and fall claim. The following tips can help you protect yourself in a personal injury claim and make sure you get treated fairly by the personal injury adjuster. If you’d like to speak with an attorney today, you can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Seek Treatment Quickly

One thing that scares us is clients who fail to seek treatment or fail to finish treatment. If you don’t seek treatment soon after your car accident or slip and fall, the assumption is you were not hurt. If you don’t have health insurance, we know the cost makes it difficult to seek treatment. There are several hospitals and Charlotte Chiropractors who will treat you on a lien basis. This means they will treat you without cost and wait for your personal injury settlement to finalize before they get paid. Additionally, you may have Medical Payments coverage and your personal injury attorney can help you claim it. Lastly, your personal injury attorney can typically negotiate some of your medical bills when settling your claim. This puts more money in your pocket. By seeking treatment early, you:

Establish your injury

Increase the value of your claim

Make a clear connection between the accident and your injury

Finish Your Treatment

Even though you may feel better, it’s important to follow your doctor’s direction. This means completing treatment including follow-up appointments. This ensures you are brought back to full health, and also demonstrates the treatment was necessary. When a personal injury client stops treatment halfway through, the insurance adjuster will use that fact to claim the injury was not severe. Or, that the treatment was for the sole purpose of creating a personal injury claim.

Tell Your Personal Injury Attorney The Truth

Your personal injury attorney is your best ally in a personal injury claim. Anything you tell the attorney is protected under attorney-client privilege. By arming your personal injury attorney with the facts—both good and bad—your attorney can strategize how best to support your personal injury claim with applicable law.

Here are some examples of ‘bad facts’ which can be often be overcome by your personal injury attorney. Again, what’s most important is making sure your personal injury attorney knows all the facts:

Whether you were taking medication at the time of the accident

Whether you had any alcohol the day of the accident

Prior or pre-existing injuries which may be discovered later

Whether you have filed previous personal injury claims

Keep Good Notes

One thing we encourage clients to do when they’ve been in a car accident or a slip and fall accident is to keep notes about the accident. This should include what you remember about the facts leading up to the accident. It should also include the injuries and pain you’re feeling following the accident. These notes can be brought to the doctor’s office so that you don’t forget to mention them. Your injuries are typically documented by your medical records. If you don’t tell the doctor about the full extent of your injuries, the personal injury insurance adjuster will attempt to discount them. Again, the assumption is if you were really hurting, you would have told your doctor.

Further Reading

Supporting Your Personal Injury Claim

Don’t Settle Your Personal Injury Claim Without An Attorney

Speak With A Personal Injury Attorney Today

We firmly believe you’re better off with a personal injury attorney than without. Our experience has been that clients receive more fair treatment from insurance companies when working with an attorney. We can help you navigate working with a personal injury insurance adjuster. We’re happy to discuss your accident at no cost. There’s no pressure to hire us. You can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

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Medical Payments Coverage For Car Accidents

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Medical Payments Coverage

Medical Payments coverage is coverage you may have on your own auto insurance policy. If you have Medical Payments coverage, it will cover some or all of your medical bills incurred as the result of a car accident. This is true whether the accident was your fault or not. Medical Payments coverage can make all the difference for you as an injured party. First, you may not have health insurance, or may have a high deductible; if so, Medical Payments coverage will pay for bills which your health insurance may not cover. Second, the Medical Payments coverage can supplement any health insurance you do have and can help you recover co-pays and out-of-pocket expenses. Lastly, even if the accident is not your fault, you may not be able to recover from the at-fault driver. In that case, the Medical Payments coverage will help absorb some of the financial impacts of the accident.

The Reasonableness Factor

The language of your auto insurance policy will govern what your Medical Payments coverage will pay. It’s not always as easy as simply submitting your bills to your insurance carrier. Insurance companies often limit their responsibility to reimburse only those medical treatment expenses they deem to be “Reasonable”. Our experience with handling Medical Payments claims has revealed that insurance companies will often exclude the following from reimbursement:

  • Experimental treatments which are not designed to serve a medical purpose;
  • Acupuncture
  • Purchases of equipment that not primarily designed to serve a medical purpose, such as a home gym for rehabilitation

In addition to the treatment being reasonable, the cost of the treatment must also be reasonable. It is not unusual to receive a response from an insurance carrier indicating they will cover a percentage of a chiropractor’s fees, and a refusal to reimburse for the remainder. Quite often, the insurance company will “red line” the chiropractor’s treatment notes, indicating what the insurance carrier believes to be unreasonable treatment. Similarly, they may red line the chiropractor’s bill in an effort to indicate what they believe to be excessive treatment. If you have questions about chiropractic treatment, our article on Charlotte Chiropractors may help answer those questions.

Fortunately for the injured party, there is a presumption of reasonableness in North Carolina, established in N.C.G.S. Sec. 8-58.1. While an insurance company can rebut this presumption, your personal injury lawyer should be able to persuade them that making full payment on the Medical Payments reimbursement submission is preferable to facing a lawsuit over Medical Payments coverage.

Your Responsibilities

Your insurance policy typically requires some responsibilities or duties which you must uphold. You will be asked to cooperate with any investigation into the claim. You will also be asked to assist the insurer should they request medical records to substantiate the Medical Payments request. You may also be asked to sign a HIPAA release in the event your insurance provider wants to obtain medical records and billing on their own.

Speak With A Personal Injury Lawyer

If you were in a car accident, or if you were injured by a vehicle as a passenger, pedestrian or cyclist, you may be entitled to Medical Payments coverage. We recommend you consult with a personal injury lawyer today. You’ll get your questions answered and we’re happy to help. We can be reached at 704.749.7747 or you can click to request a FREE PERSONAL INJURY CONSULTATION, and we will reach out to you shortly. We know you have options. We hope you choose to Recover With Us.

 

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Personal Injury Lawyer Near Me – Choose Layton Law

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If you’re searching for a “Personal injury lawyer near me,” most likely you’ve been in a car accident or had a slip and fall at a grocery store or retail store. Finally, you may need to speak with someone regarding Workers’ Compensation. The Layton Law Firm’s office is in Charlotte, North Carolina and we handle personal injury claims across the state of North Carolina. Quite often, we can come to you, to sign paperwork.

After your accident, establishing a relationship quickly with a personal injury lawyer is important. Your personal injury lawyer will notify the insurance company that you are represented, and help you take next steps to preserve your rights.

Personal Injury Free Consultation

One way to get information quickly is with a personal injury free consultation. This can be done over the telephone. During this call you’ll speak directly with a Charlotte personal injury lawyer. First you’ll be given a chance to tell your story. Second, the lawyer will ask a few questions to help clarify the facts. Finally, the lawyer will try to advise you as to whether you have a personal injury claim worth pursuing.

If you decide with the attorney that you would like to pursue your claim, an in-person meeting can be arranged quickly after the phone consultation. In many cases, we are available to meet you at a location of your choosing to further discuss your case. Getting to know one another in person is important because in many cases you will be working with your personal injury lawyer for a long time.

Personal Injury Lawyer Fee Agreements

If you do move forward with representation by a personal injury lawyer, you’ll find that most personal injury lawyer fee agreements are written in your favor. Generally, you do not owe the personal injury lawyer or law firm anything unless they are able to obtain a settlement or jury verdict for you. If your personal injury lawyer does obtain a settlement for you, the standard fee is one third of the total settlement.

Your personal injury lawyer’s fee agreement should also mention any costs associated with obtaining records and negotiating medical bills on your behalf. Lastly, the agreement should address Medical Payments claims. You should fully review the agreement prior to signing it, and ask questions of the personal injury lawyer about any language in the agreement which is unclear to you.

If you searched for “Personal injury lawyer near me,” we are glad you found this article, and we would love to speak with you. The call is free, and helping individuals understand their options is part of our job.

Speak With A Personal Injury Lawyer Today

Whether clients are searching for a “Personal injury lawyer near me” or simply searching for a personal injury lawyer who can answer some questions, we are here to help.

It’s easy to get started. Simply call 704.749.7747 to speak with a personal injury lawyer today, or click HERE to request a call. You will be contacted directly by a personal injury lawyer, and by the end of the call you should understand your options. We know you have choices. We hope you choose to Recover With Us.

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Broken Bones From Car Accidents

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Our firm represents new car accident clients and slip and fall clients each day in Charlotte, NC. Injuries from those accidents range from soft tissue injuries to broken bones, and each personal injury claim is unique. Your injuries directly affect the value of your claim. Understandably, clients want to know what broken bones from car accidents are worth when it comes time to settle a claim. The answer depends on a few factors.

Medical Treatment

Perhaps the most telling indicator of the value of your personal injury claim is the medical treatment you received. Your Charlotte personal injury lawyer will analyze this from two perspectives: the actual medical records, and the medical billing. Some broken bones from car accidents require a cast and time to heal, while others require numerous screws, pins and rods in order to support the broken bone while it heals. The differing nature of treatment will change the value of your claim.

Time Missed From Work

Broken bones from car accidents routinely lead to missed work. If the car accident gave rise to missed work or lost wages, your lawyer will ask you to have your employer sign a Lost Wages Affidavit in support of establishing the wages you lost as a direct result of the car accident. Depending upon your job, a broken bone may mean a few days out of work, or several weeks. Your lost wages will be added to your medical billing totals and will contribute to the total value of your claim.

Special Damages

Personal injury lawyers and insurance adjusters often talk about Special Damages. These can include but are not limited to, harm you suffered as a direct result of your car accident. They extend beyond the physical injuries. For instance, if you were in a car accident and it caused you to miss your daughter’s graduation, or a ski trip to the mountains, your personal injury lawyer will assist you in valuing those special damages. This includes both out-of-pocket expenses and intangible losses like missing your own 16th birthday or your senior year season of track and field due to a broken bone from a car accident.

Talk To A Lawyer Today

We are here to help. Part of our job is providing guidance and advice. Phone consultations are free. If you would like to speak with a lawyer today, call 704.749.7747 or click HERE to request a call from us. We know you have choices. We hope you choose to Recover With Us.

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Your Car Accident And Personal Injury Lawyer

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Your car accident may necessitate hiring a personal injury lawyer. I am a Charlotte personal injury lawyer who handles car accidents every day. As a result, I assist clients with numerous challenges while advancing a personal injury claim. There are some instances where it’s appropriate to settle your car accident claim without a lawyer. However, experience shows me that in most cases a personal injury lawyer will help you achieve better results than you could on your own.

Is My Accident A Car Accident?

Any injury involving a car typically is covered under the insurance policy for the vehicle. Some obvious examples include being rear-ended, hit by a tractor-trailer, or hit crossing the street. In fact, even a fact scenario where a dog jumps out of a car and the dog bites a passer-by may be covered by the auto insurance policy. Establishing a claim and accessing the insurance policy proceeds is the attorney’s job. As a result, your personal injury lawyer’s examination of the facts and application of them to existing North Carolina case law is key.

Starting An Insurance Claim

Once your personal injury lawyer identifies the appropriate insurance carrier, he starts a claim and the claim is assigned an insurance adjuster. While your lawyer and the adjuster work together throughout the claim, in hopes of settling the claim for an amount you are happy with. At the start of the claim, the lawyer lays the foundation for recovery and establishes that liability falls on the insurance carrier. This point is often argued. Therefore, whether you’re able to recover anything at all depends upon the insurance carrier accepting responsibility for the actions of their insured.

Gathering Medical Bills and Medical Records

Medical billing in a personal injury claim is unique. As a result, certain medical providers including hospitals, ambulance services, and even your health insurance company is entitled to a lien against settlement proceeds. One of the valuable skills your injury lawyer brings to your car accident claim is identifying appropriate medical billing. Furthermore, your lawyer then negotiates that billing down so that you recover more from the settlement or lawsuit.

Keeping The Client Involved

One of the primary complaints about personal injury lawyers is that they don’t return phone calls. The second, is that they generally don’t keep their clients involved in the process. You should expect regular communication from your lawyer. When I am speaking with a client about their claim, we always establish when we will talk next. As a result, that gives us both the confidence that we will communicate regularly as things progress.

Get Representation Today

If you’ve been in a car accident, we’re here to help. A simple phone call to our office will help you understand your options. The consultation is free and we’d love to hear from you. If you’d like a free evaluation of your case, please click HERE to request a call. Or reach out to us at 704.749.7747. We hope you choose to Recover With Us.

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Charlotte Crash Report — Auto Accidents

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When you’re in a car accident in Charlotte, NC, you’ll most likely be given a Crash Report Exchange Slip by the attending officer. This form is meant to provide basic information about the car accident, as well as information about the drivers and vehicles involved in the car accident.

The Crash Report Exchange Slip is not what we think of as the police report for the accident. The Crash Report Exchange Slip has information on how to obtain a copy of your police report from www.cpmd.org. Once at the website, you’ll need to enter the accident number given at the top right of the Crash Report Exchange Slip, at which time you’ll be given an opportunity to purchase your full police report for five dollars.

Free Police Report

If you’d like to have us analyze your police report for you, you can skip purchasing the report on your own and let us do it for you. While on the phone, we can obtain the report and review it with you. We will also email you a copy after the phone call. Typically, the police report will have information about both drivers and their vehicles, as well as a summary from the police officer about the facts surrounding the accident. If there were witnesses who volunteered their contact information, that information will also be contained in the police report.

Understanding Your Rights In A Personal Injury Matter

Interpreting the police report will help you determine whether you are likely to recover from the other driver’s insurance company, and often provide enough information for your personal injury lawyer to start a claim on your behalf for property damage and for personal injury. This is true whether you are in a major accident or even a fender bender or minor accident. It’s also true whether you were injured as a driver or as a passenger in the accident. The police report will also help to provide information indicating whether Contributory Negligence will be an issue in recovery.

Working With A Personal Injury Lawyer

If you were injured in a car accident, we would be happy to discuss your rights with you. Our firm is happy to discuss our interpretation of the police report, listen to your story, and let you know whether we believe the other driver will be responsible for your property damage and your personal injury. A phone consultation is free and it’s important to take action quickly if you want to preserve your rights after a car accident. If you’d like to speak with a personal injury lawyer today, click HERE to request a call. Or, you can call us at 704.749.7747. We devote our practice to helping people recover after a personal injury. We hope you’ll choose to Recover With Us.

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