Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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Motorcycle Accidents Lawyer in Romney

Ride. Recover. Restore.

Comprehensive Guide to Motorcycle Accident Claims

If you were injured in a motorcycle crash in Romney or elsewhere in Hampshire County, you face physical recovery, insurance negotiations, and legal deadlines. Stephen New & Associates serves clients across West Virginia with focused representation for motorcycle accident claims, working to identify liable parties, preserve evidence, and pursue fair compensation. Our team handles a range of collisions involving cars, trucks, road hazards, and poor roadway conditions. We can review medical records, obtain accident reports, and speak with witnesses to build a clear picture of fault and damages. Call 304-355-5565 to discuss your situation and learn about next steps available under state law.

Motorcyclists often suffer severe injuries such as fractures, spinal cord trauma, and traumatic brain injury that require long-term care and rehabilitation. Understanding potential sources of recovery—medical expenses, lost wages, pain and suffering, and property damage—helps injured riders and families make informed choices about settlement offers. In West Virginia, crash victims must navigate insurance coverage rules and statutes of limitations, so timely action matters. Our office can explain how liability is established, how damages are calculated, and what evidence strengthens a claim. We aim to help clients pursue fair outcomes while minimizing stress and administrative burdens during recovery.

Why Legal Help Matters After a Motorcycle Crash

After a motorcycle accident, retaining professional legal assistance helps injured individuals and families understand their rights, organize documentation, and engage with insurers in a way that protects potential recovery. Legal representation can help identify all possible sources of compensation, including liability policies, uninsured or underinsured motorist coverage, and third-party claims for defective roadway conditions or negligent maintenance. Effective advocacy also includes ensuring medical records and bills are accurately recorded, preserving crucial evidence like photographs and witness statements, and negotiating toward settlements that reflect long-term needs. This guidance can reduce the risk of accepting an inadequate offer and improve chances of securing a fair resolution for injury-related losses.

About Stephen New & Associates and Our Approach

Stephen New & Associates is a West Virginia law firm that represents people injured in motorcycle collisions throughout Hampshire County and neighboring communities. The firm focuses on personal injury matters, including serious crashes that leave riders with long-term medical needs and financial strain. Our approach emphasizes careful investigation, clear communication with clients, and focused negotiation with insurers and other parties. We work to explain legal options, timelines, and realistic outcomes so clients can make informed decisions. When litigation is necessary, we prepare thoroughly to protect client interests at every stage of the claim or lawsuit process.

Understanding Motorcycle Accident Claims in West Virginia

A motorcycle accident claim seeks compensation for losses caused by another party’s negligence, recklessness, or wrongdoing. In West Virginia, liability is established by showing that a driver or party breached a duty of care, such as failing to yield, driving distracted, or improperly maintaining a roadway or vehicle. Injured riders should document injuries, obtain medical treatment, and preserve evidence like the accident report, photos, and witness contact information. Insurance companies will investigate and may make settlement offers quickly; an informed response requires assessing current and future medical needs as well as non-economic harms like pain and loss of enjoyment of life.

The claims process may involve negotiations with at-fault drivers’ insurers, claims under the injured rider’s uninsured or underinsured motorist coverage, and, where appropriate, civil litigation. Timely filing of claims and adherence to West Virginia’s statute of limitations are essential to preserve recovery options. An attorney can assist with gathering medical documentation, calculating damages, communicating with insurers, and determining whether a settlement adequately addresses long-term rehabilitation costs and potential loss of future earning capacity. Understanding these steps reduces confusion and helps injured riders plan for both immediate needs and ongoing care.

Need More Information?

Key Terms You Should Know

Liability

Liability refers to legal responsibility for harm caused to others. In a motorcycle crash, liability typically depends on whether another driver or party failed to exercise reasonable care, such as running a stop sign, changing lanes unsafely, or driving while distracted. Establishing liability involves collecting evidence like police reports, witness statements, traffic camera footage, and vehicle damage assessments. Liability can be shared among multiple parties, and West Virginia’s rules on comparative fault may reduce a recovery if the injured rider is found partially at fault. Understanding how liability is proven helps injured riders weigh settlement offers and litigation options.

Comparative Fault

Comparative fault is a legal framework used to allocate responsibility when more than one party contributed to an accident. Under comparative fault rules, an injured person’s financial recovery may be reduced in proportion to their share of responsibility. For motorcycle riders, even small findings of fault—such as speeding or failing to signal—can affect compensation for medical bills and other damages. It is important to address evidence that could shift fault onto the rider and to present clear facts showing the other party’s negligent conduct. Accurate documentation and witness testimony can limit the impact of comparative fault on the final outcome.

Damages

Damages are monetary awards intended to compensate an injured person for losses caused by a crash. These losses may include past and future medical expenses, lost wages and diminished earning capacity, property damage to the motorcycle and gear, and non-economic harms such as pain, suffering, and reduced quality of life. Calculating damages requires medical records, bills, employment documentation, and evidence of how injuries affect daily activities. Some damages are more straightforward to quantify, while others require careful evaluation to ensure they reflect long-term consequences of serious physical injuries and the associated financial impact on the injured person.

Uninsured and Underinsured Coverage

Uninsured motorist (UM) and underinsured motorist (UIM) coverage can provide a recovery source when the at-fault driver lacks sufficient insurance. If a responsible driver has no liability insurance or policy limits are too low to cover medical costs and other losses, a rider’s UM or UIM policy may fill the gap. Reviewing your own insurance policy terms and limits early in a claim helps determine available options. Claims under these coverages require notice to the insurer and proof of damages, so timely documentation of medical treatment, bills, and lost income is essential to a successful UM or UIM claim.

PRO TIPS

Seek Prompt Medical Care

Immediately seeking medical attention after a motorcycle crash serves both health and legal purposes. Even if symptoms seem mild at first, some injuries become apparent only days later and early documentation supports a later claim. Keep copies of medical reports, treatment plans, and invoices, and follow recommended care to show the link between the crash and your injuries while protecting your recovery options.

Preserve Evidence at the Scene

Collecting evidence at the accident scene strengthens a future claim and can clarify fault. Take photographs of vehicle damage, skid marks, road conditions, and visible injuries when it is safe to do so, and obtain contact information for witnesses. Avoid altering evidence and provide details to investigators so that the circumstances of the collision are accurately recorded for insurers and, if needed, in court.

Limit Early Statements to Insurers

Be cautious when speaking with insurance adjusters in the immediate aftermath of a crash. Provide necessary factual information but avoid discussing fault or accepting quick settlement offers before understanding the full extent of injuries and treatment. Consult with legal counsel before signing releases or agreements, as early decisions can affect your ability to recover for long-term medical needs and other losses.

Comparing Legal Approaches for Motorcycle Collisions

When a Full Legal Response Is Appropriate:

Serious or Catastrophic Injuries

When a crash results in severe injuries that will require ongoing medical care, rehabilitation, or long-term assistance, a comprehensive legal approach is often necessary to identify all available sources of compensation. Such a response includes detailed investigation, retention of medical and economic professionals, and thorough damages calculations that account for future needs. Pursuing a full claim helps ensure that settlements reflect both immediate costs and anticipated long-term expenses associated with life changes following a serious motorcycle crash.

Multiple Potentially Liable Parties

Complex cases involving multiple liable parties—such as other drivers, vehicle manufacturers, or government entities responsible for roadway maintenance—warrant a comprehensive strategy to pursue claims against each responsible party. A thorough legal approach evaluates evidence, identifies legal theories of liability, and coordinates claims to maximize recovery. Complex liability questions often require careful legal analysis and coordinated documentation to ensure all responsible parties are held accountable and all potential compensation sources are pursued effectively.

When a More Limited Response May Be Appropriate:

Minor Injuries and Clear Liability

If injuries are relatively minor, medical treatment is complete, and liability is clear based on police reports and witness statements, a more limited approach focused on negotiation with the insurer may resolve the claim efficiently. In these situations, documentation of medical expenses and a concise presentation of losses can lead to fair settlements without extensive litigation. However, even seemingly simple cases benefit from careful assessment of future medical needs and appropriate valuation of non-economic harms before accepting an offer.

Adequate Insurance Coverage and Cooperation

When the at-fault party’s insurance policy limits are sufficient to cover documented losses and the insurer cooperates in good faith, negotiation may be the most practical path to resolution. A focused claim process emphasizes assembling accurate medical records and financial documentation to support a prompt settlement. Even in cooperative situations, attention to detail is important to avoid undervaluing future needs or overlooking indirect losses that should be included in the recovery.

Common Situations Leading to Motorcycle Claims

Driver Negligence

Many motorcycle crashes result from driver negligence, including failure to yield, distracted driving, or improper lane changes. These collisions often produce serious injuries and clear grounds for liability claims against the negligent driver and their insurer.

Road Hazards and Maintenance Issues

Poorly maintained roads, debris, and uneven pavement can cause motorcycle riders to lose control and crash. Claims may involve government entities or contractors responsible for roadway upkeep when hazardous conditions contribute to an accident.

Vehicle Defects

Defective motorcycle parts or improperly maintained passenger vehicles can lead to catastrophic outcomes for riders. Product liability claims may be pursued against manufacturers or maintenance providers when defects are the root cause of a crash.

Motorcycle Accident Attorney Serving Romney and Hampshire County

Why Choose Stephen New & Associates for Motorcycle Cases

Choosing legal representation after a motorcycle crash means selecting a team familiar with West Virginia law, local courts, and the particular challenges riders face. Stephen New & Associates brings focused attention to motorcycle claims, working to gather evidence, communicate with medical providers, and negotiate with insurance companies on behalf of injured clients. The firm emphasizes clear client communication, careful case preparation, and advocating for compensation that addresses medical needs, lost income, and non-economic impacts. Clients receive personalized attention to help them make informed decisions throughout the claims process.

Representing injured riders requires persistent advocacy, whether in settlement discussions or litigation. Our office will review your accident details, outline realistic legal options, and help assemble documentation to support your claim. We strive to reduce administrative burdens so clients can focus on recovery while we pursue appropriate compensation. From preserving evidence to coordinating with treating providers and handling insurance communications, we aim to provide steady representation tailored to the complexities of motorcycle accident cases in Romney and throughout Hampshire County.

Contact Our Office to Discuss Your Motorcycle Claim

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FAQS

What should I do immediately after a motorcycle accident in Romney?

Seek medical attention as soon as possible and secure documentation of your injuries and treatment. Even if you feel able to move or your injuries seem minor, some symptoms can worsen over time. Contact local law enforcement to ensure an official accident report is created, and if possible take photographs of the scene, vehicle damage, road conditions, and visible injuries. Obtain the names and contact information of witnesses and the other driver, and make note of the responding officer and report number. Preserving this information early helps support a later claim by providing contemporaneous evidence of the crash and injuries. Avoid making detailed statements about fault to the other driver or insurer and keep communications factual. Notify your own insurance company promptly if required by your policy, but consider consulting legal counsel before giving recorded statements or signing releases. An early review of the accident report, photographs, and medical records can reveal whether additional steps—such as preserving evidence, sending letters to insurers, or obtaining surveillance footage—are necessary to protect your claim. Timely action preserves options and supports a fuller recovery of damages.

How long do I have to file a motorcycle accident claim in West Virginia?

West Virginia generally imposes a statute of limitations for personal injury claims, which requires filing a lawsuit within a defined period after the injury. Missing that deadline can bar recovery entirely, so it is important to consult about timing as soon as possible. The exact limitations period can vary depending on the claim type and defendants involved, so an early legal assessment helps ensure all deadlines are met and claims are preserved. Understanding the timeline prevents avoidable forfeiture of legal rights. Even when a lawsuit deadline is months or years away, many important steps must be taken sooner, including collecting evidence and notifying insurers. Insurance companies may close files or important witnesses may become unavailable, so initiating an investigation promptly supports a complete case. If there are government entities involved, different notice requirements often apply and strict timelines may demand quick action to preserve a claim against a municipality or road authority.

Can I still recover if I was partially at fault for the crash?

West Virginia applies comparative fault rules, which can reduce a recovery by the injured person’s share of responsibility. If a motorcycle rider is found partially at fault—for example, for failing to signal or for speeding—the total damages awarded may be reduced in proportion to that fault. This means that partial fault does not necessarily prevent recovery, but it can affect the final amount recovered. Demonstrating that the other party’s negligence was a substantial cause of the crash helps limit the impact of comparative fault findings. To address partial fault, it is important to collect evidence that clearly supports your version of events, including witness statements, photographs, and medical records. Presenting documentation that shows the other driver’s dangerous behavior or traffic violations strengthens the argument that their conduct was the primary cause of the collision. Careful presentation of facts and medical proof of injury-related losses can reduce the percentage of fault attributed to the rider and preserve a larger share of potential compensation.

What types of compensation can I pursue after a motorcycle collision?

Compensation in motorcycle accident claims may include payment for past and future medical bills, rehabilitation costs, physical therapy, and assistive devices. Economic damages also cover lost wages and diminished earning capacity when injuries impair the ability to return to previous work. Property losses, such as damage to the motorcycle and safety gear, are also recoverable. Establishing these losses requires medical bills, wage records, repair estimates, and other financial documentation that prove the extent of economic harm caused by the crash. Non-economic damages compensate for intangible harms like pain and suffering, emotional distress, and loss of quality of life resulting from serious injuries. In wrongful death cases, survivors may seek damages for funeral expenses, loss of financial support, and emotional losses. Accurate evaluation of both economic and non-economic damages is important, particularly when injuries have long-term effects, so that any settlement or verdict reflects the full scope of present and future needs stemming from the collision.

How do insurance companies evaluate motorcycle injury claims?

Insurers evaluate motorcycle injury claims by reviewing medical treatment records, billing statements, the accident report, witness accounts, and any evidence of fault or comparative negligence. They assess the severity and permanence of injuries, whether treatment is consistent with the claimed injury, and the likely long-term costs for medical care and lost earnings. Insurance adjusters may obtain recorded statements, request release of medical records, and consult with medical reviewers to determine the reasonableness of claimed damages. Documentation that connects the accident directly to necessary medical care strengthens the claim’s credibility in negotiations. Because insurers aim to limit payouts, they may issue early offers that do not reflect long-term needs or full non-economic losses. Presenting a comprehensive package—detailed medical records, statements about future care needs, and expert reports when necessary—improves the chance of a fair evaluation. Maintaining organized records of treatment, doctor opinions regarding prognosis, and evidence of ongoing impairment is essential for demonstrating the true cost of injuries and supporting a realistic settlement demand.

Should I accept the insurance company’s first settlement offer?

You should carefully evaluate any initial settlement offer because early proposals often reflect a desire to resolve claims quickly rather than to fully compensate for long-term consequences. Accepting a first offer without confirming the full scope of medical needs and potential future expenses can leave you responsible for ongoing costs that exceed the settlement amount. Before agreeing to any settlement or release, make sure all medical treatment is documented and potential future costs have been assessed so that the settlement covers expected expenses and losses. Consulting with legal counsel before accepting an offer helps ensure that the proposed amount fairly reflects both economic and non-economic damages. An attorney can help analyze medical prognoses, estimate future rehabilitation or care costs, and negotiate with insurers to increase settlement value. If negotiations cannot achieve a fair result, filing a lawsuit may be necessary to pursue full compensation through litigation, but this step requires careful timing and preparation to protect legal rights.

What evidence is most important in a motorcycle accident case?

Key evidence in motorcycle accident cases includes the police accident report, photographs of the scene and vehicle damage, surveillance footage if available, witness statements, and documentation of injuries and medical treatment. Photos that show skid marks, traffic signs, road defects, and vehicle positions can be especially persuasive in demonstrating how the crash occurred. Medical records that tie injuries to the collision and show treatment progression are critical for proving damages. Retaining copies of all bills, prescriptions, and rehabilitation plans supports claims for economic losses. Expert opinions from medical providers or accident reconstruction professionals may also play an important role in complex cases, particularly where fault or the mechanics of the crash are contested. Timely preservation of evidence, such as securing photographs and obtaining witness contact information while details remain fresh, improves the strength of a claim. The combination of objective scene evidence and consistent medical documentation creates a reliable foundation for negotiating with insurers or presenting a case at trial.

Can I make a claim if the at-fault driver is uninsured?

If the at-fault driver is uninsured, uninsured motorist (UM) coverage on your own policy may provide a recovery path. UM and underinsured motorist (UIM) coverages are designed to fill gaps when the responsible party has inadequate or no liability insurance. Making a UM or UIM claim requires timely notice to your insurer and documentation of damages similar to a liability claim, including medical records and proof of loss. Reviewing your policy limits early clarifies the available recovery and informs decisions about negotiation and potential litigation. When UM or UIM benefits are limited, other avenues may still exist depending on the case facts, such as pursuing claims against additional negligent parties or exploring product liability or premises liability theories if applicable. Determining the best route requires a detailed review of the accident circumstances, the available insurance policies, and any third-party negligence. Prompt action to notify insurers and gather evidence supports a stronger UM or UIM claim and helps protect your entitlement to available coverage.

How are traumatic injuries like TBI or spinal cord damage handled in claims?

Traumatic brain injuries and spinal cord damage often produce long-term medical and rehabilitation needs that must be thoroughly documented to support full compensation. Establishing a claim for these injuries involves detailed medical records, specialist reports, diagnostic imaging, and prognostic opinions about future care and functional limitations. Evaluating how such injuries affect employment, daily living, and the need for adaptive equipment or caregiving is essential for calculating damages that reflect both present and future needs connected to the crash. Claims for severe injuries frequently require coordination with medical and vocational professionals to estimate future costs and lost earning capacity. Demonstrating the causal link between the collision and the injury, along with consistent treatment records, strengthens recovery prospects. Insurers and courts will scrutinize medical evidence, so clear documentation and professional assessments of long-term impact are important components of pursuing appropriate compensation for catastrophic consequences of motorcycle crashes.

What costs are involved in pursuing a motorcycle accident claim?

The costs of pursuing a motorcycle accident claim may include medical record retrieval, deposition and expert witness fees in complex cases, and court filing expenses if litigation becomes necessary. Many personal injury firms handle cases on a contingency basis, meaning legal fees are contingent upon obtaining a recovery; however, clients may still be responsible for certain case-related costs or have them advanced by counsel. It is important to discuss fee arrangements and any potential out-of-pocket costs during an initial consultation so you understand how expenses will be handled as your claim moves forward. Understanding the financial structure of representation helps injured persons decide how to proceed without unexpected surprises. If a case resolves by settlement, attorney fees and related costs are typically deducted from the recovery according to the agreed fee arrangement. Open communication about billing practices, anticipated expenses, and how costs are advanced can help clients make informed choices and plan for the pursuit of compensation while focusing on recovery.

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