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Can You Sue For Negligence After a Car Accident?

Yes, you can! Whether you are a pedestrian involved in a car accident, a driver involved in an automobile accident or a rider of a motorcycle injured in an accident, you may be entitled to compensation. There is no question that personal injuries and damages caused by motor vehicle collisions and accidents, particularly in Orlando, can be very costly and devastating. For this reason, every year, people who have been injured in automobile accidents in Orlando are experiencing the need to consult with an experienced attorney experienced in personal injury claims. It is better to be proactive than to suffer in the future from the consequences of a bad decision or a lack of foresight. Therefore, if you have suffered an injury, you should seek the advice of an injury lawyer in Orlando as soon as possible.

What all to do after the car accident?

  • Your first priority should be to notify your medical insurer and the authorities so that they will do their part to investigate the incident.
  • You may even want to take pictures of the vicinity of the crash.
  • A qualified attorney can help you determine whether or not the other party’s insurance policy covers the incident.
  • Additionally, your injury lawyer in Orlando will determine if any other parties’ liability insurance policies will cover the cost of your medical bills, lost wages, pain and suffering, etc.

Now, you may be wondering “Can you sue for negligence after a car accident? “, since Orlando is a no-fault state. Orlando, however, has what is called a contributory negligence statute. This statute allows a person to sue a party for an injury even though that person could have been partially at fault for the accident. This type of statute also allows a “vicarious” or “substantial” negligence cause of the incident.

In order to establish a contributory negligence claim, you must show that there was a duty of care that was breached. This duty could have been to keep a proper lookout on the area, or it could have been to apply the brakes or other relevant safety devices that kept you and others safe from harm. A car accident lawyer in Orlando can help you determine whether or not your claim has a strong chance of being upheld in court. It is also important to remember, though, that the insurance company may try to have the case dismissed if it is found that you were partly at fault for the injury claim.

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Law

How to File a Workers Compensation Lawsuit

If you or someone that you know has suffered an injury as the result of work-related accidents, then a compensation claim can be an option. There is nothing easy about this process, though. To help get through all of this, it helps to have an experienced worker’s compensation attorney by your side.

The law is very complicated when it comes to workers’ compensation claims. First of all, there are several different levels of workers compensation, and there are often classifications within a specific type of injury. Because these classifications change from state to state, it helps to know exactly what kind of claim you should be filing. This is especially important because sometimes you will not be entitled to certain benefits because of the classification that you were injured at.

How to find out workers compensation claim?

If you are unsure of the exact type of workers compensation claim that you should file, you should contact a lawyer that specializes in this area. They should be able to give you a better idea of what kind of claim you should be making. For example, did you work for a company that built homes? If so, then you most likely would be eligible for some type of workers’ compensation benefits. Did you work for another company that builds furnaces? Then you may be eligible for the much stronger claims for those types of injuries.

  • If you find that you do not qualify for these benefits, then you will have to get advice on how to file a workers compensation lawsuit.
  • Your claim should be strong enough to stand up in court if need be. It will be important to take note of all the possible outcomes that could happen.
  • This includes losing your benefits and having to pay out of pocket expenses for your injury.
  • If you lose the case, you may not be able to collect anything because the company your work for will be responsible for compensating you for your injuries.

It is also important to hire an attorney who has experience with filing workers compensation claims. You should only work with someone who knows how to fight for your claim in the proper way. You should choose an attorney who has handled similar cases in the past and who can demonstrate that he or she is experienced in working with similar situations. You should make sure that the attorney is properly licensed to represent you. A well-licensed attorney will be able to handle all aspects of your claim while representing you in court.

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Law

Should I Sue After A Truck Accident?

If you have been in a truck accident and are thinking of getting legal help, then you should know your options. It is always a good idea to hire a truck accident lawyer, no matter how small or big your injuries are. Find out more here where you can find an expert lawyer who works with truck accident victims. 

Common Reasons Truck Accidents Occur

The truth is that most truck accidents happen due to human error or negligence.

  • Speeding
  • Driving after taking alcohol or drugs
  • Driving when drowsy
  • Distracted driving
  • Violating traffic laws that are applicable in the particular area
  • Carrying unsecured load

Anyone or more of the above reasons may be responsible for your particular accident. Getting the deserved compensation is something that becomes possible only when an expert eye can review the scene and replay the accident.

A good truck accident specialist lawyer should be able to guide you best as to whether you should sue. Sometimes, insurance companies settle with accident victims. If that does not happen or the compensation is not enough, filing a lawsuit is the next step. The right legal help is necessary throughout the process so that you get what you deserve. 

When The Trucking Company Is Liable

Most trucks and semis that are driven belong to trucking companies. In case you decide to use it, most probably you will be suing the trucking company. Such a company becomes liable in an accident through its actions or vicariously through the actions of the truck driver.

There are many state and federal laws that trucking companies have to follow so that the safety of others on the road is maintained. From background checks of drivers hired to the number of hours a driver can drive a truck, there are many things a trucking company has to maintain to stay above the law.

A good truck accident lawyer will be able to find out how the trucking company can be made liable in your case. In case the driver was at fault, the company can be held liable for his actions. 

When The Truck Driver Is Liable

In other truck accident cases, the driver himself can be made liable. If your truck accident lawyer can prove that the driver was drunk or under the influence of drugs, then that becomes a personal liability.

It can also be the case that the driver was intentional in causing the accident.

Whatever it is, you will receive the maximum compensation if the trucking company itself can be proven liable. Your lawyer will be the best person to judge how to proceed in legal action. Who should be sued in your case is a matter that should be judged after proper studying of the pros and cons.

You Deserve the Highest Compensation

Being in a truck accident is something that will easily shake you up. But do the right thing and make that call to a quality personal injury or truck accident lawyer as soon as you can. This way you will get the compensation you deserve!

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Law

Should I Sue After A Slip And Fall?

The question “Should I Sue after a Slip and Fall?” should be answered with the waiver of consent. This document clearly spells out what is to happen if the other party fails to warn or protect you. For example, if the party had placed red carpets on the stairs and you tripped over them, you would have a claim for slip and fall injury.

This document should be signed by the person or organization responsible for the injury. You will also need to include copies of any police reports filed in the incident as well as any medical records that were obtained as a result of the injury. These documents may take some time to produce but are definitely worth the effort. If your lawsuit is successful you may receive compensation for medical bills, lost wages, pain and suffering (emotionally and physically), and more. The settlement will also pay for any cosmetic damages you may have suffered from the accident such as broken bones, scars, discoloration, etc.

If you have sustained an injury due to someone else’s negligence then the first thing you should do is consult with a personal injury attorney. They will be able to tell you if you have a case. If your case does proceed to court, you will have to hire your own slip and fall lawyer to defend you in court. Hiring a lawyer can be expensive but it is well worth it in the long run.

After you have consulted a lawyer, you will need to determine if there was negligence on the part of the other party. Was there a warning sign that should have never have been left up? Was there a warning sign that should have warned you to not step on the carpet? Did they follow this warning? If so, then you might not have a case. On the other hand, if you have suffered injuries because of their negligence, then you have a case.

What is the next step after a suit has been filed and the damages have been awarded? The damages that are awarded to you will need to be paid for medical bills, physical therapy, pain and suffering, and any other expenses incurred as a result of your injury. Many times insurance companies will cover some or all of these expenses. Check with your insurance company to see what benefits they may provide for a plaintiff whose only fault was negligence.

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Law

Understanding the Citalopram Class Action Lawsuit Information

Citalopram is an antidepressant prescribed medicine that is also a part of a certain serotonin reuptake inhibitor medication class. So far, Citalopram has been in the news because of its some serious side effects that have resulted in the death of many people. Usually, such a lawsuit is filed on the manufacturer when they don’t focus on the overall health of the person but simply on earning profits. 

Due to this sometimes when the manufacturer doesn’t warn the patients or their relatives about the harmful effects just to balance out the sale it is then when the lawsuit is filed against it. Talking about the Citalopram Class Action Lawsuit, it is important to understand more about it so that in future such an option will not be consumed.

Know more about citalopram:

Citalopram which is also popular by the name of Celexa is one of the prominent options that consist of Serotonin. It helps in reducing many serious health issues. Serotonin comes with the action to deal with the chemical messenger that sends out the signal between the nerve cells that can be found in the brain. It is the SSRIs that work to improve the serotonin activity in the mood centre of the brain.

In the year 1998, this medicine was approved and sold in the market with the aim to offer some protection against depressive disorder among adults. Even if it wasn’t approved for the purpose, when it came to off label, this was the primary one to treat certain illnesses. 

Talking of the conditions, anxiety, suicide risk, obsessive-compulsive disorder and even diabetic neuropathy to name some are the illness for which this was an efficient treatment. It however came with some side effects that included a high risk of suicide, and even cardiac effects. Sometimes, people even complained of birth defects while some had fatal concerns.

All about different lawsuits:

Talking about the Citalopram Class Action Lawsuit that was filed, well, it wasn’t just one but many. Such lawsuits are filed by the patients or their loved ones against the manufacturer. Forest laboratory along with the Parent company Allergan was the manufacturer who was responsible for all the side effects that had happened. They were accused of creating medicines that caused medicinal injuries, and even birth defects. 

The lawsuit also further stated that the manufacturer did not warn about the dangers associated with the medicine. The women who had consumed such medicine in the pregnancy or the one who had an infant were born with some defects. This should have been told before the medicine was advised to be consumed.

With so many lawsuits that have been filed, the cases are still in the state or federal court that is being fought. So far 32 lawsuits along with the birth defect cases and class action one are settled and resolved with the help of dismissal.

Citalopram Legal Difficulties

Citalopram was only approved for adults who had some serious mental issues like depression and anxiety. The manufacturer is never likely to promote such medicine for any other purpose. However, still, it turned out to be the accused of omitting such medicine for the children’s use as well. Even if the company completely denied the wrong marketing which was accused in the year 2010 but still the company had to bear the loss of $313 million to do the settlement with the justice department charges. Besides, the company even pled guilty against the obstruction of justice charges for different employees who were detected lying to the FDA officers at the Forest Department.

In the year 2014, there has been a Dutch study that showed the medicine was never effective as compared to the placebo amongst the kids. The manufacturer thus agreed to pay $4.7 million as the settlement for the class action suit. This even included the use of medicine amongst the children. Parents even stated that the company had misguided them about the medication effectiveness. Due to such mislead the company further had to bear the losses of $10.4 million as settlement refunds.

The medicine approval

When this medicine came on the market it was just approved for mental issues. However, even after its release in the year 1998, it never got any warning until 2004. That was the time when FDA needed all the SSRI antidepressants to issue the warning called black box which is basically associated with suicide risk. This warning further states that medicine can increase the chances of suicidal thoughts or change in behaviour. It is one notable thing since the medication starts showing reaction after the first dosage itself.

Celexa Side Effects

Just the way there have been other medicines with some serious side effects, even Cleexa had come up with some side effects to not ignore. Some of these effects could range from mild and even have subsided after quite a span of time. 

There had even been some serious side effects that resulted in life-threatening issues and permanent injury. Talking of some notable issues, it included Increased suicide risk, Heart Effects and Serotonin syndrome. Serotonin syndrome is one dangerous adverse reaction that is caused due to such medicine when there is an increase in Serotonin in the brain.

Conclusion

When Celexa is first started or a dosage change occurs, the medication may cause an increase in suicidal thoughts or behaviours. Other than this Physical birth defects, Omphalocele, Persistent Pulmonary Hypertension, Physical Defects, Craniosynostosis were also some notable issues. 

As per the product law, it has now been decided that the sellers and manufacturers will now have to make sure that their medicines are safe for the patients. If they are found dangerous at an undesirable level or any further product defects are noted then the company would be sued and will not be operational any longer. This is one of those medicine that has been one effective yet defective solution for dealing with illness.

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Law

Exploring Principles Of Torts law with Potts Law Firm

There are so many people who don’t understand the value of a lawyer for crucial cases like personal injury. It is important that people use such services to get the right compensation they deserve. Lawyers can be of great support especially when the person is not in a state of fighting their own case. There might be physical wounds that may get healed up but when to heal them requires the clinic’s treatment and for that bill of the hospitals should be cleared up. Some insurance companies try to play smart here and avoid the bills getting cleared. That is when firms like potts-law.com can be of great help. Here only the best team of lawyers can help those who have been in such a field for quite some time now.

Dealing with the stress

A personal injury can happen because of the negligence of one person. Maybe that injury could create more emotional trauma than the psychical one. Whatever be the injustice that has happened, the course of stress shall of course be for quite some time in the mind of the person. That is when it is important to seek a lawyer’s help. On visiting a site like Potts-law.com, it can be very much clear that expert lawyers here would fight for nothing but justice and give the right compensation.

There are some of the best recovery and healing solutions as well which lawyers can offer to the victim. This is one of the primary reasons why personal injury claims should never be waived off but to be fought for. The personal injury lawyer would help the victim sustaining injuries in the accident get the right compensation in the monetary form. Such funds thus can be used by the victim to clear the medical expenses. Besides, it can also help to cover the pain, lost wages and suffering while offering compensation for all the injuries that have been suffered.

Understanding more of the Tort Law

The experts fighting the personal injury in the tort law shall cover different civil litigation for the wrongdoings and injuries that have ended due to negligence. The primary aim of such lawyers who shall be practising this type of tort law is to ensure that the client who is also called the injured plaintiff shall get the complete recovery and will discourage the other party from doing the wrong thing that eventually turned out to be an offence. Talking of some common practices that the injury lawyer follows under the tort law are slip and fall accidents, vehicle accidents, defective products and even medical malpractice to name some.

Know the basics of personal injury law

The personal injury lawyer understands the claim value in the injured party’s life. It is the person who ensures that with all his possible duties and responsibilities the party gets the best possible compensation. Few of the basic law includes:

Know the rights

One of the basics of personal injury law that many people are not aware of is the rights they have got under this law. This means, there might have been some legal issue that happened already which is affecting the rights of the person. But every state has got different laws associated with personal injury and there are rights given to the victim under it. That is when the personal injury lawyer personally helps the victim understand the laws and rights that can be followed to get the compensation in the right manner.

Legal guidance

So many injured parties usually avoid filing the case due to a lack of knowledge on how the case should be filed, where it needs to be filed, who shall further take the proceedings and so on. Basically, it is the personal injury attorney who shall be taking the client for a walkthrough with the whole law associated with the personal injury. Now this includes all possible legal guidance right from filing the case to taking through the paperwork maze which needs to be submitted on time. In case there is any medical treatment document that needs to be presented too, it is the lawyer who shall guide the party with all of it.

Clarity on objective opinions

Since most of the victims will be fighting such a case for the first time, they never have a single clue on how things will be taken ahead. That is when the personal injury attorney offers an objective opinion about this case. This makes it easy for the injured part to understand what could be the best possible decision in their case that can be taken. This means the lawyer also makes up the party of the victim to refrain them from any kind of mental stress, fear, anger or emotions that can disturb the whole settled case.

Litigation Represents in court

Now when it comes to fighting the case there is a litigation process that needs to be followed. Often insurance companies may not give the right claim or the party who caused the whole mess is denying to pay off the dues. That is when litigation trials can become worse. It is then the personal injury attorney who would try best to settle most of the compensation by filing the right lawsuit. Since such a case needs close adherence to be followed so that the right evidence rules are presented, the lawyer does its best to come to the right conclusion.

Conclusion

With personal injury firms like potts-law.com, there is some best guidance that victims can get at every step. Such firms shall of course have their document of investigation of the incident scene, a witness list created and theories developed on how the accident must have happened. Along with being lawyers, they also work as professional investigators to make sure the case has only the winning situation. That is why it is important to have professional guidance at every step. People who want a  personal injury attorney should look for a professional firm that can be stress relieving.

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Law

3 Things to Know about Family Law Mediation

Mediators Must Qualify Before They Can Mediate

In many cases, mediators must be certified by the state and comply with state statutes to qualify to be able to successfully and ethically help two conflicted parties come to a resolution. Several family law mediators have legal or judicial backgrounds and understand the need to save money during the family court processes. Working with a mediator can be cheaper overall for some resolution than stretching out a case over two or three hotly debated items.

Mediation Recommended for Certain Dispute Types

Good lawyers know the difference between true things two parties can fight in court over and which ones make more sense to try and formally resolve another way—knowing which saves the litigants time and emotional stress. In addition, experienced family law litigators like Cordell and Cordell will have vetted and trusted mediators at their disposal that handle different types of conflict. Being able to call upon them quickly helps to divorce spouses get to the other side of the process faster.

Mediators are Paid Separately from the Law Firm

In many cases, the mediator is paid separately from the law firm. In other words, the divorcing parties will pay the mediator out of pocket in advance before having a mediation session. The mediator fees will be in addition to any fees already paid by the divorcing couple to get divorced. All family law lawyers like Cordell and Cordell lawyers can walk a divorcing party through this process. Prices can be hefty but are still cheaper than letting a family law case go to trial.

You Don’t Have to Talk to the Other Spouse

Mediation proceedings you see on TV are just one of many options for how mediations can be handled. For example, each party and their attorneys can be in separate rooms, with the mediator going back and forth between both closed-off rooms. This arrangement gives each of the litigants space to think, breathe, and regroup if emotions are running high. It also reduces the chances of the parties becoming triggered by the other’s involuntary facial expressions or tone of voice during a proceeding.

Both Parties are Expected to Give

Mediators can often come up with creative solutions the litigants or attorneys may not have previously seen or considered. Mediators expect both parties to come to the agreed-upon meeting location ready and willing to give and be open to flexible or alternative arrangements. Both parties should be motivated as a successful mediation could mean the final resolution of their case matters and a release from the prior stressors.

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Law

How to become a bankruptcy lawyer in Woodland Hills?

Bankruptcy simply means that a business or individual has inadequate income or resources to clear their debts. It is a legal process that is done in a specialized federal court.

Bankruptcy lawyers help in navigating through the complex process of ordering for bankruptcy. We will learn more on how you can qualify to be a bankruptcy lawyer Woodland Hills.

How to become a bankruptcy lawyer

To be a successful bankruptcy lawyer, you need to have both accounting and legal expertise. They will basically be in tax and criminal law. It is also important to understand standards and business practices.

Corporate finance, legal doctrines, business accounting practices, governing collection and ownership are a must have in this field. Additionally, it is important to have sensitivity and psychological skills as a bankruptcy lawyer.

Job outlook and salary

The salary varies depending on whether you are working for the public or private sector. The standard salary is $113,000. Private sector pays more than the public.

The most famous employers of bankruptcy lawyers include; credit card companies, legal departments of banks, public interest organizations and the government.

The decline in economy has increased the cases for bankruptcy lawyers.

How to choose the correct bankruptcy lawyer

Hiring a wrong lawyer can be the biggest mistake you can ever make for any bankruptcy cases. Here are a few factors to consider when hiring one;

  1. Experience

Hire a lawyer who has done his or her due diligence well. Ask them the kind of bankruptcy related cases they have ever handled before. Hire someone who specializes in all types of bankruptcies.

  1. Aptitude

It is in order to work with a refined lawyer. Hiring the services who has not handled as many cases or a recent graduate is not a good idea after all. Errors found in bankruptcy cases are quite costly hence the need to hire an experienced professional.

Do your research from trusted family, friends or former clients and they will give you recommendations.

  1. Legal fees

Cost factor is important before making any agreement with a bankruptcy lawyer. Get to know their different packages for various types of bankruptcy cases. Take your time and research about all the cost implication.

  1. Lawyer’s availability

Time is a factor that cannot be ignored as it is very crucial. Get to find out where the lawyer you have hired will perform the task him or herself. Ask how long it will take to receive emails or phone calls from them. If the responses do not satisfy you, you can opt of services from another bankruptcy lawyer.

Wrapping up

Declaring bankruptcy is not an easy decision to make. It is important to have a lawyer that shows empathy during that tough journey. If you are looking for a career choice, you might consider bankruptcy lawyer.

This is because it is a very competitive field and the job opportunities are quite high. You can choose to be hired or start your own law firm.

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Law

ARE YOU A VICTIM OF WORKPLACE HARASSMENT?

Dealing with harassment or discrimination at work can cause unimaginable damage to one’s mental health. When dealing with harassment at the workplace, getting even the simplest of tasks done can become very difficult. Many people face harassment at work. Though there are laws to protect the employees, such harassment and discrimination go unnoticed more often than not. If you feel that the workplace has become a toxic environment for you, you aren’t sure if you are a victim, then read on.

How to know that you are a victim of workplace harassment?

If you know that you are being sexualized or made fun of, you know that you are dealing with office harassment. Speaking up about it can be challenging and even embarrassing. Many victims of workplace harassment don’t speak up due to the fear that will make the harassment only worse. This fear becomes stronger when the harasser knows your secrets or is close to your supervisor. When you start considering whether you should speak up or not, you might doubt whether you would be protected or not and be taken seriously.

A lot of organizations do have policies in place concerning harassment and discrimination. Speaking up about the harassment that you have faced takes a lot of courage. Even after having spoken up, you don’t feel that your concerns were addressed. In such a situation, it is best to reach out to a law firm like HTW Law specializing in such laws. When you have experienced lawyers by your side, you know that they won’t stop till you win the case. Such lawyers function on the solid belief that you deserve a pleasant, safe, and hassle-free workspace. If you are being harassed despite bringing it to notice, then taking a legal step is the right way to go about it. It is a crucial step to take as it is not just about you but also about the people in the organization and the future. It is also about the company treating its employees in the right way.

How to know that you are dealing with discrimination at work?

There are many types of discrimination that can take place. Though racial discrimination is prevalent, the other types include discrimination based on sex, age, religion, gender reassignment, sexual orientation, marriage/partnership, pregnancy/motherhood, just to name a few. Discrimination can be hard to spot if it is happening for the first time.

For example, a pregnant woman informs the employer about taking maternity leave. As the due date approaches, her duties are lessened. During the maternity leave, her job position is dissolved. Another example could be a woman who is in her 50 wants to apply for a job position, but she is told that the position will go to someone younger. These are all examples of discrimination. Suppose you think you have been discriminated against. In that case, you must reach out to experienced lawyers like HTW Law who will work with you and help you hold your ground against the employer.

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Law

Should I File a Personal Injury Claim or a Product Liability Claim?

Faulty products can cause serious injury. In the last few years, many stories circulated about e-cigarettes causing explosions. The truth is, any product can cause harm.

When injured by a product, you will be faced with the decision to either file a personal injury claim or a product liability claim. Speaking with a personal injury lawyer in Philadelphia will help you decide which is better for your case. But we are going to cover some of the basics.

Both personal injury claims and product liability claims are designed to protect the right of the injured party so they can receive compensation to help pay for medical bills and other bills caused by the injury.

What is a Personal Injury Claim?

Personal injury claims are very common as they are filed when an injury occurs to the body, which includes the mind and emotions as well. These claims are often filed after someone has been injured due to a slip and fall or a vehicle accident.

If a product causes injury, a personal injury claim can be filed as well, but it might be best to instead file a product liability claim.

What is a Product Liability Claim?

To seek compensation for an injury caused by a product, you can file a product liability claim. But be aware that the product needs to be proven to be defective.

 

Product Design Defect

When a product is found to be a danger due to the design, then it would be a product design defect claim. An example would be a chair that only has 3 legs. Obviously, it can tip easily, causing injury, so from the start of the design, the product is deemed dangerous.

Product Manufacturing Defect

The most common product liability claim is a product manufacturing defect. This is when a product fails to perform safely, even though it says it is safe. Something usually happens in the manufacturing process to defect the product, making it unsafe. An example is a set of tires that are supposed to be safe on the road, but a defective tire ends up causing an accident.

Warning Label Defects

Most dangerous products come with a warning label. But if a product fails to produce one on a product and it does end up causing injury, you could file a warning label defects claim.

Keep in mind that it is the responsibility of the manufacturer to produce a safe product and if they do have any suspicion that a product is unsafe, they are responsible for putting a warning label on the product.

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