Car accidents are common on the roads of Pasadena, TX, causing severe injuries and even fatalities. Although most drivers have insurance, filing a claim after a collision can be complicated and overwhelming. That’s why hiring a personal injury lawyer with experience in auto accident claims is ideal.
But with so many lawyers claiming to offer the best service, how do you know which one to choose? This article aims to demystify the process by providing insight into what a personal injury attorney does and how they can help with your claim.
By understanding the role of a car accident lawyer and their approach to these cases, you’ll feel more confident about seeking legal representation after a crash.
Understanding Your Rights as a Pasadena, TX, Car Accident Victim
If someone else’s negligence caused your accident, you have the right to pursue a claim for your injuries and related damages. Therefore, it’s important to understand the insurance claims process and the financial compensation you are entitled to.
Before negotiating with the insurance company, consult a personal injury lawyer to protect your legal rights. An attorney can explain the claims process and advise you on pursuing compensation. Your attorney will also be able to inform you of your rights and obligations in the event of a lawsuit.
They can guide you through the entire process, from filing the claim to recovering compensation. Additionally, they can help prevent you from saying something that could harm your case. With the right legal representation, you are more likely to receive the settlement or verdict you deserve.
Legal Rights
As an injured crash victim in Pasadena, TX, it’s crucial to understand your rights. We’ve established that you can seek compensation for compensatory damages you sustained in the collision.
However, understanding compensation can be complicated as insurance companies often try to minimize payouts. This is where a lawyer comes in.
An experienced lawyer can make all the difference when dealing with an insurance claim. Your attorney will help protect your legal rights by ensuring you receive fair compensation for medical bills, lost wages, pain and suffering, and other expenses related to your accident.
Time Is of the Essence
It’s critical to note that Texas has time limits regarding how long you have to file a claim against another driver or their insurance company.
If you’ve been injured in an automobile accident in Pasadena, TX, it’s best to contact a qualified personal injury attorney immediately so they can build a strong case during the allowable period of time. Protecting your right to sue is crucial, so don’t put off seeking legal representation.
Insurance Claims Process
As a car accident victim in Pasadena, TX, understanding your legal rights is key. One of the most critical things you must understand is how the insurance claims process works and affects your financial recovery.
Getting the most out of insurance coverage can be challenging, especially when dealing with claims adjusters working to minimize payouts. The insurance claims process involves several steps, including filing a claim, negotiating with adjusters for a fair settlement, and dealing with potential claim denials.
Insurance companies often offer lowball settlements and deny claims. They may argue that your injuries in your accident were pre-existing conditions, which could reduce your compensation.
A Lawyer Can Help
Legal assistance is essential when seeking compensation for more than just medical bills and lost income. Having an experienced personal injury lawyer on your side during the claims process will help ensure you receive compensation for all accident-related losses.
An attorney from our firm can protect your legal rights and combat attempts by insurers to deny your claim. Remember: time is limited after an accident in Texas, so don’t hesitate to seek professional assistance.
Negotiating Compensation
Understanding how insurance coverage works and the impact a lawyer can have on your compensation claim is crucial. Receiving fair compensation is more than filing a claim and waiting for payment. Insurance negotiations involve several steps that require proactive strategies and a thorough presentation of the evidence.
Strategies for negotiation include making counter offers based on the extent of your injuries, lost wages, vehicle damage, and other losses. You will need evidence to support these claims. An experienced personal injury lawyer can help you gather documentation to support your case and present it in a compelling way.
Various settlement options may be available through negotiations. These options may include lump-sum payments or structured settlements that pay out over time. Your attorney will explain each option and help you choose the best one to meet your needs.
Working with an attorney who understands negotiation strategies is vital when dealing with insurance companies after a crash. By enlisting the help of an experienced car accident attorney, you can maximize your chances of receiving fair compensation for your losses.
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Establishing Liability For Your Pasadena, TX, Motor Vehicle Accident Claim
Investigating the accident can be the key to proving the other driver’s role in your Pasadena motor vehicle accident. A personal injury lawyer can handle this important step. They can also provide advice on the best strategy for your claim.
Investigating the Accident
When establishing liability in your accident, investigating the collision is a crucial step. This includes analyzing vehicle damage and interviewing any witnesses.
The police report can also provide valuable information about other drivers and any citations or violations they received. Reviewing relevant medical records is another important aspect of investigating an accident.
It’s essential to consider the extent of the injuries you or your loved one sustained and any ongoing medical treatments that may be needed. Reviewing insurance policies to determine coverage limits is also important for maximizing compensation.
A thorough investigation is key when establishing liability in a car accident case. Consulting with a member of our experienced team in Pasadena, TX, can help ensure this process is completed efficiently and effectively.
Establishing Fault
Now that we have discussed the importance of investigating the accident, let’s delve into establishing liability.
Proving negligence is crucial in proving who is at fault in the accident and, therefore, liable for the compensatory damages suffered by the injured victims. Contributory factors such as road hazards or mechanical failure can also play a role in a collision.
Witness testimony can be valuable when proving negligence and identifying various contributory factors. So it’s important to gather statements from anyone who saw the accident and document their account of the events. Witnesses can corroborate your version of the accident and provide additional insight into what caused it. We’ll get into that more later.
As we mentioned previously, police accident reports are another vital source of information. Accident reconstruction may also be necessary if there is controversy surrounding how the crash occurred.
Negotiating a Settlement
Now that we have discussed establishing liability for your motor vehicle accident claim let’s move on to negotiating a settlement.
You will likely receive an initial settlement offer from the at-fault party’s insurance company. However, it is important to remember that this first offer is likely much lower than your case is worth and should not be accepted without careful consideration.
Insurance negotiations can be stressful, especially when you’re already dealing with injuries, missed work, and property damage. This is another reason why legal representation is strongly advised.
A personal injury lawyer experienced in car accident claims can help negotiate with the insurance company and make counteroffers on your behalf. They can also advise you on payout options such as lump-sum payments or structured settlements.
Considering Future Costs
Considering all future costs related to your injuries, such as ongoing healthcare needs, is essential when negotiating a settlement. An experienced attorney can help ensure that these long-term expenses are included in your settlement.
What Evidence Should I Gather For My Pasadena, TX, Car Crash Claim?
If you’ve been involved in a car crash in the Houston area, gathering evidence to support your claim is important. Photographs of the scene, including property damage and visible injuries, can be valuable evidence. Similarly, a police report can provide important details about the circumstances of the crash.
Remember to keep track of any medical bills, insurance information, and witness contact information, as this is all pertinent to your claim.
Photographs
Photographs are a crucial piece of the puzzle when compiling evidence for your car accident claim. We cannot overstate the importance of taking clear photos at the accident scene.
They will provide visual evidence of damages and physical injuries sustained in the accident and can help prove liability. The location where you take these photos is as important as their quality. Make sure to capture images from multiple angles that show the surrounding area, including street signs and identifying landmarks.
Additionally, make sure to use time stamps on your camera or phone so there is no question about when the pictures were taken.
Police Reports
Now that we have discussed the importance of taking pictures and gathering witness testimony for your car accident claim let’s shift our focus to another crucial piece of evidence: police reports.
These documents contain valuable information about the accident, including identifying details about the involved parties and any witnesses at the scene. Unfortunately, errors in these reports are common, which can be problematic when disputing liability.
That’s why reviewing the report carefully for inaccuracies or omissions is important. If you spot any issues with your report, do not hesitate to contact law enforcement to request corrections. Updating the police report may seem minor; however, it can make a significant difference in proving fault in your collision.
While this is just one piece of evidence among many others that you’ll need, obtaining accurate and up-to-date police reports can significantly strengthen your claim.
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Determining the Value Of Your Pasadena, TX, Car Accident Claim
As the famous saying goes, “Knowledge is power.” This adage holds when determining the value of your car accident claim. Understanding how damages are calculated can help you make informed decisions throughout the claims process.
Economic and Noneconomic Losses
Calculating damages involves assessing both economic and noneconomic losses. Economic losses include medical bills, property damage, and lost wages. These expenses are easy to calculate because they already have dollar amounts connected to them.
Noneconomic losses refer to damages like loss of consortium that are more challenging to quantify. Again, proving negligence is crucial in establishing liability for these damages.
Factors such as the severity of your injuries, the duration of your recovery time, and the emotional distress you experience due to the accident all play a role in calculating noneconomic losses.
In addition, damages in a wrongful death claim may include economic and noneconomic costs, including funeral and burial costs, medical bills incurred prior to death, loss of financial support and benefits, loss of companionship, and emotional distress experienced by the surviving family members.
Available Coverage
Insurance coverage plays a significant role in determining the value of your claim. Therefore, the coverage available from the negligent driver’s policy will impact your compensation for your losses.
Additionally, if you have uninsured or underinsured motorist coverage on your policy, this could be another potential source of compensation.
Remember that each case is unique and requires individual attention to determine its worth. A personal injury lawyer experienced with car accidents can help ensure that every aspect of your claim is thoroughly evaluated. An experienced personal injury lawyer will leave no stone unturned when pursuing compensation.
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How a Personal Injury Lawyer Negotiates a Fair Settlement
After determining the value of your car accident claim, it’s time to negotiate a settlement with the liable insurance company. This is where having an experienced personal injury lawyer comes in handy.
Your attorney will employ various negotiation strategies and tactics to ensure you receive maximum compensation for your damages. Your attorney will be your advocate throughout the negotiation process, fighting for your rights and ensuring that an offer is fair before advising you to accept it.
They will also use their knowledge of personal injury law and experience with similar cases to strengthen your position in negotiations.
When negotiating a settlement after a car accident in Pasadena, TX, or anywhere else, having a skilled personal injury lawyer on your side is invaluable. With our team’s expertise in negotiation strategies, you can rest assured that you’ll receive maximum compensation for your damages.
Documenting Medical Expenses for Your Auto Accident Injuries
After a car accident, gathering medical records is key to a successful injury claim. Make sure to document all associated costs and treatments to estimate the total cost of care.
Once you have an accurate figure, you can submit a claim to the responsible party. Don’t forget to keep copies of all records and bills associated with your injuries. You’ll need these documents to prove your injury-related costs to the insurance company.
For best results, please consult with one of our car accident lawyers in Pasadena, TX, to ensure the claim is properly filed.
Gather Medical Records
Before you can document your medical expenses for an automobile accident injury claim, it is essential to obtain your medical records. Requesting medical records from healthcare providers takes time and effort but is integral to your case’s success.
Contact the physicians or hospitals where you received treatment after the car accident and request copies of all related medical documents.
Once you receive your medical records, review them thoroughly. Ensure they include a detailed account of your injuries, including any treatments or prescribed medications.
Understanding billing codes and what procedures were performed during hospital visits is also important when documenting medical expenses. Organizing medical bills can be overwhelming; however, an experienced car accident lawyer will make sure you aren’t missing anything important.
Estimate Costs
Now that you have gathered and reviewed all of your medical records related to the car accident, it’s time to estimate the costs associated with your injuries.
When adding up medical bills, be sure to:
- Include all treatments, medications, and therapies prescribed by medical professionals.
- Make a note of any out-of-pocket expenses like copays or deductibles.
- Keep track of any ongoing treatment or future appointments that are necessary due to your car accident injuries.
Calculating damages for an auto accident injury claim involves more than adding up medical bills. You also need to consider other expenses, such as repairs to your vehicle and loss of income due to missed work.
Don’t forget about property damage costs for repairing or replacing your vehicle. Also, if you missed work due to injuries, add the lost income from those absences.
By accurately estimating these costs, you can ensure you receive fair compensation for your damages.
Submit Claims
Now that you have gathered evidence and estimated all the costs of your auto accident injuries, it’s time to file a personal injury claim. Correctly submitting your claim is crucial because mistakes could result in denials or delays.
You must submit certain documents to file a personal injury claim for an auto accident. These documents may include the following:
- Medical bills and records related to your injuries
- The police report from the car crash scene and repair estimates for property damage
- Proof of lost income due to missed work
Failure to provide these documents could cause insurers to delay or even deny your claim.
Common mistakes when submitting personal injury claims can occur when filling out forms. Denied claims can also happen due to insufficient evidence or inaccurate cost estimations.
If your claim is denied, don’t worry; you still have options, like appealing the insurance company’s decision or filing a personal injury lawsuit.
Recovering Damages for Economic and Noneconomic Damages
Imagine you are involved in a rear-end collision. The crash caused injuries requiring extensive medical treatment and physical therapy, like a traumatic brain injury (TBI), broken bones, or severe lacerations, leaving you unable to work for several weeks.
In this scenario, you can recover two types of damages from the responsible party: economic and noneconomic damages.
Economic Damages such as medical bills and lost wages are easily calculated with proper documentation. However, noneconomic damages like mental anguish and loss of quality of life may be challenging to quantify without the help of an experienced lawyer.
Insurance coverage plays a vital role in recovering damages for economic damages. The at-fault driver’s auto insurance policy should cover your medical expenses up to their policy limit.
If the limits do not cover all expenses, or if they have no insurance, the uninsured or underinsured motorist coverage on your policy may come into play. You can navigate these issues with skilled legal representation and maximize your recovery for economic and noneconomic losses.
What Is Modified Comparative Negligence in Texas?
Comparative negligence is a legal concept that comes into play when determining who is responsible for an accident. In Texas, comparative negligence law (also called comparative fault) allows both parties involved in an incident to be assigned a percentage of fault. The percentage of fault determines how much each party can recover from the other.
Modified comparative negligence is a variation of this rule, which applies in Texas and many other states. Modified comparative negligence means that if you are found to be more than 50% at fault for an accident, you cannot collect any damages from the other driver or their insurance company.
Conversely, if you are found to be less than 50% at fault, your compensation will be reduced by your percentage of fault.
Exceptions and Examples
There are some exceptions to modified comparative negligence. For example, suppose an injured person was under the influence of drugs or alcohol during the accident. In that case, they may be unable to recover anything regardless of whether the other party shared fault.
An example of comparative negligence is when one driver runs a red light while another is speeding excessively before colliding with them. In such cases, both drivers may share responsibility for the crash.
Comparative negligence differs from contributory negligence because it will allow recovery even when the injured person was partly responsible for their own injuries. This approach ensures that auto accident victims can still receive compensation despite playing a part in what happened to them.
Understanding Texas Time Limits for Filing a Personal Injury Claim
As discussed in the previous section, understanding comparative negligence is crucial to your auto wreck claim. Filing within Texas’s time limits is also vitally important. Failure to do so can result in your right to compensation forfeiture.
In legal terms, these time constraints are known as “statutes of limitations” or “claim timeframes.” According to Texas Civil Practice and Remedies Code Section 16.003, the general rule is that you have two years from the accident date to file a personal injury lawsuit against the at-fault party.
Avoid waiting until the last minute to begin pursuing your claim. There may be additional deadlines within this two-year statute of limitations window that could apply to your case.
Therefore, it’s best to consult an experienced Houston-area personal injury lawyer who can guide you through all aspects of your case and ensure you meet all applicable deadlines.
Dealing With Insurance Companies
Understanding insurance coverage is essential when pursuing an insurance claim after a car accident. In addition, knowing what a policy covers and doesn’t cover can help you make informed decisions throughout the claims process.
Obtaining evidence to support your case is also key. As previously mentioned, documentation of the accident, medical records, and lost wages will all be necessary.
When negotiating a settlement, our Pasadena, TX, injury accident lawyers can help you navigate the complexities of the insurance system so you receive the compensation you are entitled to.
Understanding Insurance Coverage
Understanding what’s covered and excluded in your policy can be critical when dealing with car accident claims.
Policy exclusions, deductible costs, and coverage limits are a few factors to consider.
- Policy exclusions: Exclusions refer to situations where the insurer will not cover damages or injuries resulting from a particular type of incident. For example, if your policy explicitly excludes damage caused by natural disasters, then any damage caused by a flood would not be covered under your plan.
- Deductible costs: Deductibles play a role in determining how much an insurance company will pay on a claim. You’ll have to pay this amount before receiving compensation from the insurer.
- Coverage limits: These are another crucial aspect of understanding insurance policies. Coverage limits determine the maximum amount an insurance provider will pay for property damage or personal injury claims.
Knowing exactly what kind of protection your auto insurance provides can prevent you from paying more than necessary after an accident.
Third-party claims may also come into play if someone else was at fault for causing the accident, while uninsured motorist coverage protects you if an uninsured driver hits you.
A Pasadena lawyer specializing in auto accident injury cases can help guide you through this complex process and ensure you receive fair compensation based on the available policy limits.
Obtaining Evidence
Collecting sufficient evidence to support your claim is important as you deal with insurance companies after a car accident. Gathering evidence is critical in establishing fault and proving the extent of your damages and the injuries you sustained.
- Witness testimony: This can help provide an objective account of what happened during the accident. If possible, get contact information from witnesses who saw the incident unfold. You may also ask them if they will provide a written statement later.
- Police report: A crash report completed by local law enforcement is an objective piece of evidence that can help establish liability for the collision. It contains details such as the date, time, location, and accident description.
- Surveillance footage: Additionally, surveillance footage from nearby businesses or traffic cameras can provide visual documentation of how events unfolded on the road.
- Medical records: These are also essential when seeking compensation for injuries sustained during the incident. Collecting all relevant evidence increases your chances of being fully compensated for your damages.
Negotiating a Settlement
Now that you’ve reported the accident to your insurance company, it’s time to negotiate a settlement. Unfortunately, dealing with insurance companies can be tricky, as they use various tactics to minimize payouts and deny claims.
However, by understanding the negotiation process and having an experienced attorney on your side, you can maximize your chances of receiving fair compensation.
Offers and Counteroffers
Insurance companies will typically make initial settlement offers soon after receiving a claim. These offers may seem generous initially, but they are often far lower than you need to cover your accident-related expenses.
It’s important not to accept any offer without carefully reviewing how much coverage you’re entitled to under your policy limits and assessing the full extent of your damages.
Your attorney can help you determine if an offer is fair and whether counteroffers are in order. Negotiation strategies vary depending on each case’s unique circumstances but may involve providing additional evidence or highlighting liability aspects in favor of one party.
An experienced attorney can guide you through this process and provide valuable insight into when it might be best to settle out of court versus taking further legal action. While attorney fees may seem like another expense, hiring representation could save you money in the long run by maximizing your settlement or award.
What Happens if My Pasadena Car Accident Claim Doesn’t Settle?
You may need to file a car accident lawsuit if your claim can’t be settled outside court.
Working with a personal injury lawyer specializing in car accidents in the Houston or Pasadena area can help you choose the best litigation strategies. Your lawyer can handle issues like filing a complaint, gathering evidence, and developing a strategy for the best outcome.
Working with a qualified attorney with experience in this area will maximize your chances of success in the courtroom.
Navigating a Lawsuit
So, you’ve been in a car accident, truck accident, motorcycle accident, or another type of accident, and your claim didn’t settle. What now? It’s time to navigate the world of court proceedings.
First things first: It’s important to have proper legal representation when heading into court for a car accident claim. Our injury accident lawyers can help you understand your options and ensure your rights are protected throughout the litigation process. They will also be able to negotiate accident settlement agreements on your behalf before the trial even begins.
However, when negotiations fail, it is common for cases to proceed to trial. During the trial, both sides will present their evidence and arguments before a judge or jury, who will decide on the case’s outcome.
Navigating a lawsuit after a failed settlement agreement can be overwhelming. But with the right legal team, you can feel confident in pursuing justice for the damages you incurred in your accident.
Choosing Litigation Strategies
If negotiations fail, litigation becomes necessary. Therefore, choosing the right strategies is essential to achieving a favorable outcome for your case.
Your case may still settle after filing a legal claim, but if not, understanding how to present evidence and arguments before a judge or jury is vital.
Hiring a lawyer will help with the following factors in a jury trial:
Jury selection: One important aspect of litigation strategy is jury selection. This process involves choosing jurors who will be impartial and fair in evaluating the evidence presented at trial.
Expert witnesses: Experts can also play a crucial role in strengthening your case by providing specialized knowledge and testimony regarding your injuries or the technical aspects of the accident.
Cross-examination strategies: These are another key element where attorneys question opposing witnesses with precision and skill to create doubt in their credibility.
Successful litigation requires thorough preparation from beginning to end. Working with an experienced personal injury lawyer who understands these nuances and has a track record of successful settlements and verdicts is important.
Seeking Professional Legal Advice From a Pasadena, Texas Car Accident Attorney
Hiring an auto accident lawyer is highly beneficial when seeking compensation for your injuries and damages after an accident. The importance of professional legal advice cannot be overstated.
A skilled lawyer will have the knowledge and experience to navigate the legal system, negotiate with insurers, and fight for fair compensation on your behalf.
Help With Documentation
Another important aspect of your case’s success is ensuring that you have proper documentation of your case. Even if you only experienced minor damages. Your attorney will need detailed records of your medical treatment, property damage, witness statements, and any other relevant evidence to build a strong case.
Proving liability or damages in court may be difficult without sufficient documentation or evidence.
Help With Insurance Negotiations
Another benefit of consulting with an auto accident attorney is their expertise in dealing with insurers. Insurance adjusters often try to minimize payouts by offering low settlements or disputing claims altogether.
An experienced attorney can handle negotiations with insurers on your behalf and fight for the maximum compensation available in your case.
If you’ve been involved in a car accident, don’t hesitate to consult with a reputable personal injury lawyer as soon as possible.
With their guidance and representation throughout the claims process, you can increase your chances of getting fair compensation for your losses and move forward from this traumatic event without undue financial hardship.
Frequently Asked Questions
How Long Do I Have To File a Car Accident Claim in Pasadena, TX?
If you’ve been involved in a car accident in Pasadena, TX, it’s important to know that there is a deadline for filing your claim.
The statute of limitations for personal injury claims in Texas is two years from the accident date, so you should start now if you want to pursue legal action.
Can I Still Recover Damages If I Was Partially At Fault for the Accident?
Yes. Comparative and contributory negligence are two legal concepts that can significantly affect a car accident claim. If you were partially at fault for the accident, it might affect your ability to recover damages.
However, evidence requirements and settlement negotiations can play a key role in determining the outcome of your case.
An experienced personal injury lawyer will use all available evidence to ensure that fault is accurately assigned.
What If the Insurance Company Denies My Car Accident Claim?
If an insurance company denies your claim, don’t panic. You can still recover damages through a civil lawsuit.
First, gather as much evidence as possible to support your case, including police reports, witness statements, medical records, and photos of the damage.
Then, consider hiring an experienced personal injury attorney who can guide you through the litigation process and negotiate a fair settlement on your behalf.
Remember that a statute of limitations exists for filing a lawsuit, so it’s important to act quickly.
With the right approach and legal representation, you can still receive compensation for your losses after a car accident.
How Do I Prove Noneconomic Losses, Such as Pain and Suffering?
Documenting injuries is crucial in proving noneconomic losses such as physical pain and suffering. Emotional distress may also be included in this category, but providing evidence of its existence can be challenging.
Expert testimony is vital in establishing the severity of your injuries and their impact on your life.
We urge those who have suffered noneconomic damages from an accident to document everything, including medical treatment, therapy sessions, and missed workdays. Only by providing proper documentation will your case have merit and stand up in court.
Remember: you deserve compensation for your suffering, so don’t hesitate to seek help from professionals with experience in this area of law.
Will I Have To Go to Court For My Car Accident Claim, Or Can It Be Settled Out of Court?
Whether your car accident claim involves a head-on collision or a fender bender, you may wonder if the case will have to go to court or if it can be settled out of court.
The answer is not always straightforward and depends on various factors, such as the willingness of involved parties to negotiate a settlement outside of court, the strength of the evidence supporting your claim, and whether you have legal representation.
Mediation versus litigation is important when deciding whether to settle outside of court or go through a trial.
A skilled personal injury lawyer can help you through this process by negotiating a settlement that includes economic and noneconomic losses. Ultimately, having strong legal representation can significantly impact the outcome of your case and ensure that you receive adequate compensation.
Putting It All Together
As personal injury lawyers in Pasadena, TX, we know how overwhelming the aftermath of a car accident can be. However, understanding the basics of car accident claims can help you confidently navigate this process.
One metaphor that comes to mind is comparing a car accident claim to a puzzle. Each piece of evidence, such as witness statements or medical records, is another puzzle piece that helps build your case.
It’s important to gather and put all the pieces together correctly to present the full picture and achieve the best possible outcome for your claim.
Contacting a Pasadena Car Accident Lawyer
Remember that there are time limits for filing a car accident claim in Texas, and insurance companies may try to deny or minimize your claim.
But with the right legal representation and knowledge of your rights as an accident victim, you can fight back and recover damages for your losses. Don’t let the stress of a car accident break you. A Pasadena car accident lawyer from Domingo Garcia can stand by your side through each step of the process.
Contact us now for a free, no-obligation consultation.
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