OMB SOLICITORS LEGAL RESOURCES

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Breaking News: Retail Shop Leases and Other Commercial Leases (COVID-19) Regulation

Articles | Property Law

BREAKING NEWS: New Regulation Just Released The Queensland Government has released the regulations to accompany the Legislation which was enacted on 23 April 2020 dealing with retail and other commercial…

News Alert: COVID & Landlords of Commercial & Retail Premises

Articles | Property Law

As promised, here is the latest update on the evolving situation with Landlord and Tenants on Commercial, Industrial and Retail Premises. The Prime Minister has announced this afternoon that the…

How Landlords Should Respond to COVID-19

Articles | Property Law

We understand that being a Landlord at the moment is an extremely difficult time. We all await further clarification from the Federal Government as to what incentives, if any, will…

COVID-19 Rent Relief

Articles | Property Law

As you are all aware, we are all anxiously awaiting the announcement of the Government’s rent relief package which is expected as part of the third stimulus package, as a…

Force Majeure: How does an ‘Act of God’ Clause Affect Your Contract

Articles | Property Law

On 30 January 2020, the Director General of the World Health Organisation declared the novel coronavirus COVID-19 (“Coronavirus”) outbreak around the world a “public health emergency of international concern”. We…

Are You Legally Protected from Bushfires?

Articles | Property Law

This month Bushfires are raging across Queensland and destroying lives, homes and valuable properties along the way. The current situation across both Queensland and New South West is dire, with…

The Risks of Buying Off The Plan

Podcasts | Property Law

On face value, the notion of buying something you haven’t yet seen poses plenty of questions, but yet plenty of people will buy a property that hasn’t yet been built…

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Before You Buy a Property on the Gold Coast, Listen to This!

Podcasts | Property Law

The Gold Coast if you know, is renowned for its diverse property appeal, but in 2018 property experts are saying that infrastructure in the Northern and Central suburbs will contribute…

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Have You Insured the Home You Are Buying?

Property Law | Videos

In this video, OMB Solicitors Partner and Accredited Property Law Specialist Simon Bennett shares advice about getting insurance when buying a new property.

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What You Need to Know About Buying Off the Plan

Property Law | Videos

In this video, OMB Solicitors Partner and Accredited Property Law Specialist Simon Bennett talks about buying a residential unit in an off-the-plan purchase.

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What Lot Owners Now Need to Know About Smoking

Body Corporate | Property Law | Videos

In this video, OMB Solicitor Liam Boudin discusses the recent adjudicators’ order in body corporate with regards to smoking in balconies.

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What the Family Law Court Considers in a Property Settlement Following Separation

Property Law | Videos

In this video, OMB Solicitor Dakota Hallett discusses what the Family Court takes into consideration in a property settlement following separation.

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The Importance of Seeking Legal Advice When Buying or Selling Property

Property Law | Videos

In this video, OMB Solicitors Partner and Accredited Property Law Specialist, Simon Bennett explains the importance of getting legal advice early when contemplating buying or selling real estate.

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What You Need to Know About Retail Shop Leasing Now

Property Law | Videos

In this video, OMB Solicitors Partner and Accredited Property Law Specialist, Simon Bennett discusses the current state of play with retail shop leasing.

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Enduring Power of Attorney: The Difference Between Appointing an Attorney ‘Severally’ Versus ‘Jointly’ in Queensland

Articles | Wills and Estates

When people come to plan out their affairs for the later stages of their life, they are generally encouraged to nominate an enduring power of attorney. This is a legal…

Can I Do a Video Will?

Articles | Wills and Estates

Smartphones have put a video camera in the pocket of nearly every person you see, with widespread and profound impacts for various sections of society, including security, surveillance and in…

The Importance of Sole Company Directors having a Will

Articles | Wills and Estates

As adults, most of us are probably aware that dying intestate (without a valid will) can complicate matters for our families and loved ones. But did you know that dying…

The Importance of an Up To Date Enduring Power Of Attorney

Articles | Wills and Estates

What happens if you are outside the country and you need someone to urgently act on your behalf, or are incapacitated and unable to make decisions for yourself? An Enduring…

Statutory Wills: Making A Will For Person Who Lacks Capacity

Articles | Wills and Estates

Let’s face it, as responsible adults there are certain things we simply have to do whether we like it or not. We have to work. We have to pay bills….

What Can I do if I Have Been Left Out of a Will?

Articles | Wills and Estates

If you have been excluded from a Will, it probably seems like a slap in the face. You may be feeling hurt and angry – especially if the person who…

The Ticking Time Bomb in Your Estate Plan

Podcasts | Wills and Estates

When it comes to estate planning, you might be surprised that often the biggest asset that you may leave behind might not be your property pool, but rather your superannuation….

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What is an Executor and How Do I Choose One?

Podcasts | Wills and Estates

If you’re like many people when it comes to estate planning, you probably don’t give the attention that’s necessary in choosing who your executor will be but rather simply opting…

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Why Simple Wills Rarely Work Anymore

Podcasts | Wills and Estates

The fabric of the traditional family unit has changed and continues to change! Once, Mum, Dad and the 3 kids, were locked into family bliss, or maybe not, but nevertheless…

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Thinking of Leaving Someone out of a Will? Think Again.

Videos | Wills and Estates

In this video, OMB Solicitors Partner Richard Dawson shares his experience handling difficult contested estate matters and what usually happens when you leave someone out of a Will.

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What You Need to Know about Purchasing into a Retirement Village

Videos | Wills and Estates

In this video, OMB Solicitor Calum Ball shares insight about purchasing into a retirement village and the required process to get in.

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Why You Need a Will Yesterday

Videos | Wills and Estates

In this video, Wills & Estates Solicitor Harley Wilkinson talks about the importance and benefits of having a Will in place.

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What You Need to Know About the New Enduring Powers of Attorney Form

Videos | Wills and Estates

In this video, OMB Solicitors Partner, Richard Dawson talks about the new Enduring Powers of Attorney form and what you need to know about it.

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What is Probate?

Videos | Wills and Estates

In this video, our Dakota Hallett explains some of the important things that you need to know about Probate.

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Taking Care of Your Will and Other Important Documents During COVID-19

Videos | Wills and Estates

In this video, our Richard Dawson talks about how you can take your estate planning documents during COVID-19.

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Family Law Court’s Merger – Important Things to Know

Articles | Family Law

Whilst the majority of the legal profession was and remains staunchly opposed to the merger of the Family Court and Federal Circuit Court, the reality is that it will be…

Every Dog has its Day – Dogs, Definitions and Decisions on Shared Care

Articles | Family Law

In 2021 Australia, pets are without doubt an integral part of the majority of families. With the decision to defer having children until later in life or not at all,…

From Fault to Fault-Free – Australia’s Non-fault Family Law System

Articles | Family Law

The focus of articles such as those in the Courier Mail regarding the separation of Wally and Jackie Lewis draw attention to factors which have long been replaced in the…

Helpful Holiday Hints for Separated Families

Articles | Family Law

“It’s the most wonderful time of the year….” Or so the Christmas song goes. But statistically, this is not always the case for families under stress. The period immediately preceding…

Why you need Independent Legal Advice on Binding Financial Agreements

Articles | Family Law

“I have a simple agreement, I just need it witnessed”. If I had a dollar for every time I had heard that in the years since Binding Financial Agreements became…

What is the Family Law PPP500 List?

Articles | Family Law

In response to concerns about delays in the Family Court system, particularly for matters with a small asset pool, the Federal Circuit Court has developed the Family Law Priority Property…

Can I Recover My Costs in Family Law Proceedings?

Family Law | Podcasts

In this podcast, OMB Solicitors, Family Lawyer, Gary Mallett answers the commonly asked question, as to whether costs can be recovered in family law matters. What is the General Rule…

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What is a Family Report?

Family Law | Podcasts

In family law matters, you may have heard of the term, “family report,” but what is it and in what circumstances do they apply. In this podcast, Gary Mallett, our…

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Do Grandparents Have Rights in Family Law Disputes?

Family Law | Podcasts

We know that family law disputes are often tumultuous with so many people, quite apart from the 2 spouses and children that are caught in the crossfire. One such group,…

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Binding Financial Agreement or Consent Orders?

Family Law | Videos

In this video, OMB Solicitors Partner and Accredited Specialist in Family Law Abbi Golightly talks about the next steps to take after reaching an agreement in relation to the division…

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Parenting Plan or Consent Orders?

Family Law | Videos

In this video, OMB Solicitors Partner and Accredited Specialist in Family Law Abbi Golightly discusses the next steps to take after reaching an agreement in relation to living arrangements for…

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What You Need to Know About Breaching Parenting Orders

Family Law | Videos

In this video, OMB Solicitors Partner Abbi Golightly discusses the contravention of parenting orders.

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What You Need to Know About Arbitration

Family Law | Videos

Did you know that there is an alternative to litigation when it comes to resolving your property settlement matters? In this video, OMB Solicitors Partner Abbi Golightly talks about arbitration.

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What Are Mandatory Pre-action Procedures?

Family Law | Videos

In this video, OMB Solicitors Partner Abbi Golightly shares some of the key changes from the Federal Circuit Court merger with the Family Court of Australia, particularly in implementing mandatory pre-action procedures.

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What Happens to the Pets in a Family Law Dispute

Family Law | Videos

In this video, our Dakota Hallett discusses what happens to the pets in a Family Law Dispute. Hello, my name is Dakota Hallett and I’m a family law solicitor…

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On a Scale of One to Ten (Years): The appointment of a building manager in a NSW Strata Scheme

Articles | Body Corporate

In a year dominated by COVID-19, vaccines and lockdowns, do not be surprised if you missed an equally significant headline from New South Wales’ highest court – the appointment of…

Dealing with Building Defects and Strata Insurance Claims

Articles | Body Corporate

The sudden collapse of a Miami apartment block on June 24, killing more than 98 people, made headlines around the world and focused attention on the horrific consequences of unaddressed…

A Person’s Best Friend – their Pet!

Articles | Body Corporate

The “war” regarding pets within bodies corporate has been seething for a long period of time. This “war” continues as a result of a recent case in NSW. I am…

Impact of COVID-19 on Body Corporate Levy Recovery

Articles | Body Corporate

COVID-19 has had a significant financial impact on individuals, businesses and Bodies Corporate alike. As a result, the Queensland Government passed the Justice and Other Legislation (COVID-19 Emergency Response) Amendment…

How to Respond to Lot Owner Questions about Levies

Articles | Body Corporate

Can the body corporate change the levies? While a committee is responsible for day-to-day management of the body corporate (within its expenditure limits), the legislation does not allow a committee…

COVID-19 – Closing of Common Property Facilities

Articles | Body Corporate

A number of lot owners have been asking “are my levies going to be reduced/discounted if the committee closes the gym”? This question stems from the Government’s decision to close…

Common Body Corporate Questions Answered

Body Corporate | Podcasts

In this podcast, OMB Solicitors Partner, Juliette Nairn answers some commonly asked questions by bodies corporate. Dan: The first question we have here is, in the event that an owner…

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What Happens if a Body Corporate Caretaker Wishes to Sell its Management Rights to a New Caretaker and Wants the Committee to Agree to it?

Body Corporate | Podcasts

In the context of bodies corporate, one commonly asked question is, what happens in the event that a body corporate caretaker wishes to sell its management rights to a new…

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How Does a Body Corporate Change its By-Laws?

Body Corporate | Podcasts

With the sheer number of Bodies Corporate on the Gold Coast, it’s probably not surprising that the need to change a bylaw occurs quite regularly. But how is that change…

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What Happens When Body Corporate Levies Go Unpaid?

Body Corporate | Podcasts

If you own a lot within a community title scheme, then it’s likely that you may be aware that they are required to pay Body Corporate levies. However, it can…

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I Want to List My Unit on Airbnb. Do I Need Permission from the Body Corporate?

Body Corporate | Podcasts

Have you heard of Airbnb? You probably have and heard also about owners of properties who are making significant money letting their place out on the Airbnb platform. But if you’re…

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What You Need to Know About Building Defects

Body Corporate | Videos

In this video, OMB Solicitor Rebecca Purcell talks about the options you have if you purchased a property and discovered that it has building defects.

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What Lot Owners Now Need to Know About Smoking

Body Corporate | Property Law | Videos

In this video, OMB Solicitor Liam Boudin discusses the recent adjudicators’ order in body corporate with regards to smoking in balconies.

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Maintenance, Improvement and Disposal of Common Property – what is the difference?

Body Corporate | Videos

Sometimes it is confusing to understand the difference between repairs, maintenance, improvements and disposal of common property – listen to Tom Robinson as he unpacks the difference.

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Buying out Management Rights – What does this mean?

Body Corporate | Videos

In this video, OMB Solicitors Partner Tom Robinson discusses what a buy-out in body corporate actually means.

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What You Need to Know About Living in Strata

Body Corporate | Videos

In this video, OMB Solicitors Senior Associate Elisha Quigg tells you five important things you need to know about living in community and strata.

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When and why should a Body Corporate obtain a Building Defects Report?

Body Corporate | Videos

In this video, OMB Solicitors Partner Juliette Nairn delves into the requirement of bodies corporate to obtain an expert report for building defects. Today, I was wanting to speak…

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Buying A Business

Business Law | Property Law | Videos

Before undertaking Buying A Business we take a look at the complicated transactions and how we can help. In this video, Property Law Partner and Accredited Specialist (Property Law) Simon Bennett gives us…

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What are the Risks of Becoming a Franchisee?

Articles | Business Law

Many people have a desire to start their own business, chasing the dream of independence, control of their own destiny and, hopefully, riches. But for many the risks associated with…

Your Business Your Dream

Articles | Business Law

Buying or selling a business can be a stressful time. Your business is often your dream and the motivation and income source for your family. But the process of buying…

What Happens to a Business in a Family Law Dispute?

Articles | Business Law | Family Law

Introduction In family law property settlement proceedings all assets and liabilities of each party, (whether they are owned jointly or separately) are combined to form what is commonly known as…

What Happens When the Honeymoon is Over?

Articles | Business Law

As with most relationships when parties initially form that relationship be it personal or business the relationship is in what is often phrased “the honeymoon phase”…

The Importance of Open Communication within Body Corporate Committees

Articles | Body Corporate | Business Law

I always find it interesting when I attend a budget committee meeting and the committee expresses to me their disappointment ….

Mortgage Mayhem

Articles | Business Law

Higher interest and a cooling financial climate can cause havoc for unprotected borrowers and lenders.

How Your Business Can Recover Debt if You Have Received a Court Judgement

Business Law | Podcasts

If you’re a business and you’re owed money and have received a court judgement to recover the debt, what are the next steps? In this podcast, Cameron Marshall, Business Lawyer…

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What is the Best Business Structure for a Tradesman Wanting to Start their Own Business?

Business Law | Podcasts

If you’re a tradesman contemplating going out on your own, there’s probably a bunch of things going on in your mind, one which may be how do you legally set…

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What You Need to Know Before You Sell Your Business

Business Law | Podcasts

For many business owners, they’ve dedicated years and years of blood, sweat, and tears into their enterprise, hoping that one day, all their efforts will pay off when they sell…

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What COVID-19 Bankruptcy Relief Measures Mean for Creditors

Articles | Ligitation

What COVID-19 Bankruptcy Relief Measures Mean for Creditors The global COVID-19 pandemic has plunged Australia into what some commentators have described as the worst recession since the Great Depression of…

10 Ways to Improve Your Debt Recovery Process

Articles | Ligitation

One of the most frustrating aspects of running a business is not being paid on time for the goods and services you provide. Customers who don’t pay on time eventually…

Benefits of Mediation

Articles | Ligitation

Litigation can be inherently uncertain, time consuming and expensive. This is fundamentally why the majority of disputes that come across our desk are resolved out of court. Parties are encouraged…

Protect Yourself at all Times

Articles | Ligitation

The year 2011 will be remembered for natural disasters – Brisbane floods, North Queensland Cyclones, Christchurch earthquake and the Japanese tsunami.

Courts, Cost & Considerations

Articles | Ligitation

An experienced solicitor offers viable solutions in the face of legal action. Leading Gold Coast lawyer Simon Bennett says courts are often described as casinos for the rich. “Most people think only…

Should You Choose to Litigate or Not?

Ligitation | Podcasts

Conflict is sadly a part of most relationships, be it business or otherwise, but in the context of former, litigation for many is often their preferred choice to resolve issues….

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How Builders Can Resolve Disputes Quickly

Ligitation | Podcasts

The building and construction space is the source of many legal disputes that arise out of complicated contract arrangements. This will often lead to the parties enforcing their legal rights,…

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Debt Recovery Tips for Business Owners

Insurance | Ligitation | Videos

In this video, OMB Solicitor Samuel Layani talks about a few matters about debt recovery in a post-COVID climate.

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How to Avoid a Building Contract Mess

Ligitation | Videos

In this video, OMB Solicitors Partner Cameron Marshall discusses building contracts and why getting legal advice is crucial to avoid conflicts in your contract.

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How We Can Help You With Disputes

Ligitation | Videos

In this video, OMB Solicitors Partner Cameron Marshall talks about how we can help you in your litigation matters from an early stage in the proceedings, particularly building a claim you may have because of defective work.

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How to Resolve a Building Defect Dispute Effectively

Ligitation | Videos

In this video, OMB Solicitors Partner, Cameron Marshall discusses how to resolve a building defect dispute effectively.

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The Impact of COVID-19 on Debt Recovery in Queensland

Ligitation | Videos

In this video, OMB Solicitors Senior Associate, Cameron Marshall explains how COVID-19 affects debt recovery in Queensland. Good morning. My name is Cameron Marshall. I’m a Senior Associate at…

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How Our Litigation Team Can Help

Ligitation | Videos

How our Litigation Team can help you with Leasing, Contractual, Building, Body Corporate, Product Liability, Property, Trusts & Estate Litigation Disputes In this video, Litigation and Dispute Resolution Senior Solicitor Cameron Marshall explains how…

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COVID-19 and the Effect on Workers Compensation and Personal Injury Litigation

Articles | Compensation | Insurance

Covid-19 has had a significant effect on our global situation and the way in which we are required to adapt to what is now considered a new normal way of…

9 Reasons why you should get Legal Advice if you Suffer an Injury in a Public Place

Articles | Compensation | Insurance

If you have suffered an injury whilst out and about and are considering your options and what to do next, here are 9 reasons why you should consider seeking legal…

What is involved in making a claim for compensation following a motor vehicle accident?

Articles | Compensation | Insurance

Motor vehicle accidents can often lead to confusing and stressful times. They are occurrences people often do not consider until they themselves are involved in an accident. If you are…

Are You Covered if Your Airbnb Guests Injures Themselves?

Articles | Insurance

This is the first question that you should ask yourself if you are considering renting your property on Airbnb. Are you renting your whole house or unit on Airbnb or…

Putting a Price On Pain & Suffering

Articles | Insurance

Recent reform to awards for pain and suffering for those who have suffered a workplace injury brings the Workers Compensation & Rehabilitation Act into line with the damages available under the Civil…

Debt Recovery Tips for Business Owners

Insurance | Ligitation | Videos

In this video, OMB Solicitor Samuel Layani talks about a few matters about debt recovery in a post-COVID climate.

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No-Fault Compensation Scheme

Articles | Compensation

Since COVID-19 vaccination conspiracy theories have flooded social media, political campaigns and patient advocacy groups, one question remains unanswered and that is, who is liable in the event one develops…

COVID-19 and the Effect on Workers Compensation and Personal Injury Litigation

Articles | Compensation | Insurance

Covid-19 has had a significant effect on our global situation and the way in which we are required to adapt to what is now considered a new normal way of…

9 Reasons why you should get Legal Advice if you Suffer an Injury in a Public Place

Articles | Compensation | Insurance

If you have suffered an injury whilst out and about and are considering your options and what to do next, here are 9 reasons why you should consider seeking legal…

3 Things to Know if You are Involved in a Motor Vehicle Accident

Articles | Compensation

Involvement in a motor vehicle accident is something we all drive to avoid. Motor vehicle accidents can not only cause serious injury to yourself or your passengers but from the…

What is involved in making a claim for compensation following a motor vehicle accident?

Articles | Compensation | Insurance

Motor vehicle accidents can often lead to confusing and stressful times. They are occurrences people often do not consider until they themselves are involved in an accident. If you are…

Debra Johnson

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