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$9,250,000 Defamation Case Win Against The New York Times 8/26
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$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
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$420,000 Jail Litigation 5/26
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$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
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$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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Catastrophic Injury Lawyer in South Charleston

Protecting Your Recovery

Understanding Catastrophic Injury Claims

Catastrophic injuries change lives overnight, leaving survivors and families facing long-term medical needs, lost income, and major lifestyle adjustments. If you or a loved one suffered a catastrophic injury in South Charleston, Kanawha County, Stephen New & Associates can explain legal options and help pursue compensation that addresses short- and long-term losses. Our office serves West Virginia residents and coordinates investigation, evidence gathering, and communication with insurers so you can focus on care. Call 304-355-5565 to discuss the facts of your situation and to learn what steps may protect your recovery and your family’s future.

Catastrophic injuries include spinal cord trauma, traumatic brain injury, severe burns, paralysis, amputation, and other events that produce permanent impairment or long-term disability. These cases often involve significant medical bills, rehabilitation, in-home care, and ongoing therapy that can overwhelm a household financially and emotionally. Our approach prioritizes documenting the full scope of damages, from past and future medical care to lost earning capacity and quality-of-life impacts, while working to hold negligent parties accountable. We serve clients throughout West Virginia and can explain how a claim may proceed under local rules and statutes.

Why Legal Guidance Matters After Catastrophic Injury

Pursuing a catastrophic injury claim provides practical benefits beyond seeking compensation; it helps families secure resources for long-term treatment, rehabilitation, and household stability. Effective claims involve thorough medical documentation, financial analysis of lost income and future care needs, and negotiation with insurance companies that may undervalue severe injuries. Legal guidance can coordinate expert opinions, gather records, preserve evidence, and present a clear account of how the injury will affect future life and work. This support helps clients make informed decisions about settlement offers, litigation, and planning for foreseeable medical and personal needs.

About Stephen New & Associates and Our Team

Stephen New & Associates is a personal injury law firm serving clients across West Virginia, including South Charleston and Beckley. The firm represents people injured in a wide range of serious incidents such as car and truck collisions, workplace accidents, medical negligence, and product liability matters. Our office focuses on client communication, detailed case preparation, and building claims that reflect the real impact of an injury on the victim and their family. We are available by phone at 304-355-5565 to discuss how we may assist with investigations, insurance claims, and litigation when necessary.

What Is a Catastrophic Injury Claim?

A catastrophic injury claim seeks to address severe physical harm that results in long-term impairment, permanent disability, or life-altering medical needs. These claims differ from more routine injury cases because damages often include lifetime medical care, prosthetics, ongoing therapy, and compensation for diminished earning capacity and lost quality of life. Documentation from treating physicians, rehabilitation specialists, and vocational experts is commonly used to establish the long-term effects of the injury. Claims may arise from many types of incidents, including high-impact vehicle accidents, construction site collapses, or medical errors that produce profound and lasting harm.

To succeed in a catastrophic injury claim, it is necessary to connect the injury to another party’s negligent or wrongful conduct and to quantify the full scale of damages with credible evidence. Medical records, imaging studies, incident reports, witness statements, and expert opinions all play roles in building a strong case. The legal process typically involves investigation, demand and negotiation with insurers, and, if needed, filing a lawsuit and taking the case to court. Timely action preserves critical records and evidence that support a claim for fair compensation.

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Key Terms and Glossary

Catastrophic Injury

A catastrophic injury is a severe physical harm that results in permanent impairment, prolonged recovery, or ongoing medical needs that significantly affect daily living and employment. Examples include spinal cord injuries that cause paralysis, severe traumatic brain injuries that impair cognition or personality, amputations, and injuries requiring lifelong care. The legal focus in such cases is to document the extent and permanence of harm and to calculate compensation that covers medical treatment, rehabilitation, assistive devices, home modifications, lost income, and non-economic losses such as diminished enjoyment of life.

Non-Economic Damages

Non-economic damages refer to compensation for intangible losses that are not easily measured by bills or receipts, such as pain and suffering, emotional distress, loss of consortium, and diminished quality of life. In catastrophic injury cases these damages can be substantial because the effects are often life-altering and ongoing. Courts and insurers consider factors like the severity of the injury, projected duration of suffering, and impact on daily activities when assessing non-economic damages. Evidence from treating professionals, testimony about lifestyle changes, and clear documentation of limitations help support claims for these losses.

Economic Damages

Economic damages cover measurable financial losses caused by the injury, including past and future medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and out-of-pocket expenses like transportation to appointments and home modifications. In catastrophic injury matters it is important to estimate future care needs and to present documentation such as medical bills, employment records, and expert cost projections. Accurate calculation of economic damages helps ensure compensation will address both current and anticipated needs that stem from the injury, providing practical resources for long-term recovery and support.

Liability and Negligence

Liability refers to legal responsibility for causing harm, while negligence is a common basis for proving that responsibility by showing that a person or entity failed to act with reasonable care. Establishing negligence typically requires demonstrating that a duty existed, the duty was breached, the breach caused the injury, and damages resulted. Evidence such as incident reports, witness statements, safety inspections, and expert testimony can help show how a breach occurred. In catastrophic injury cases, establishing liability is essential to obtaining compensation from responsible parties or their insurers.

PRO TIPS

Preserve Evidence Immediately

Preserving evidence right after a catastrophic injury can make a substantial difference in documenting what happened and who may be responsible, so try to collect photographs, witness contact information, and relevant reports as soon as it is safe to do so. Keep copies of all medical records, imaging, and bills, and maintain a personal log of conversations with insurers, employers, and healthcare providers to create a clear chronology. Early preservation also helps guard against evidence loss due to routine record retention policies or changing physical conditions at a scene, which supports a stronger presentation of the claim.

Document Medical Treatment

Thorough documentation of medical care is central to a catastrophic injury claim, so retain every report, test result, prescription list, and therapy record to show the extent and cost of treatment already provided. Maintain a timeline of appointments, procedures, and rehabilitation milestones, and request copies of discharge summaries and physician notes to establish how the injury has evolved. Consistent records not only support current damage calculations but also help planners estimate future care needs and expenses, which are necessary components when seeking compensation that addresses long-term consequences.

Keep a Daily Injury Journal

A daily journal describing pain levels, sleep disruption, medication effects, limits on daily activities, and the emotional impacts of the injury provides valuable first-hand evidence of non-economic losses and quality-of-life changes. Be consistent in recording dates, times, and brief details of how the injury affects routine tasks and interpersonal relationships, and include notes about rehabilitation progress and setbacks. This contemporaneous account complements medical records and strengthens the narrative that insurers or a court will consider when evaluating the full scope of your claim.

Comparing Legal Options After Catastrophic Injury

When Comprehensive Representation Is Appropriate:

Complex Medical Needs and Long-Term Care

Comprehensive legal representation is often warranted when injuries require multidisciplinary medical care, extensive rehabilitation, or long-term assistance, because those needs must be quantified and planned for in detail. An accurate valuation of future medical expenses and loss of earning capacity typically requires collaboration with medical providers and economic analysts to produce credible projections. Comprehensive handling also addresses coordination with insurers, benefit programs, and care providers to protect available resources and to pursue full compensation that accounts for both present and anticipated needs resulting from the injury.

Multiple Liable Parties or Insurance Disputes

When multiple parties may share fault or when insurers dispute liability and the scope of damages, a comprehensive approach helps manage complex negotiations and litigation strategy to address all potential avenues of recovery. This includes investigating each party’s role, evaluating available policies, and preparing for possible lawsuits to protect long-term interests. Coordinating evidence, experts, and legal filings under a unified plan reduces the risk of overlooked claims and supports a consistent presentation of how multiple factors contributed to the catastrophic outcome.

When a Limited Approach May Be Sufficient:

Low-Damage, Clear Liability Cases

A narrower or limited legal approach can be appropriate when liability is clearly established, damages are modest, and the primary need is a prompt resolution to cover immediate medical bills and lost wages. In such situations focused advocacy aimed at negotiating with the insurer and presenting clear documentation may achieve a fair settlement without an extended litigation campaign. Choosing a limited course still requires careful review of medical records and financial loss to ensure that future costs are not overlooked, and that any settlement adequately addresses foreseeable needs.

Simple Claims With Quick Resolution

A limited strategy may also fit when both sides recognize the facts and agree on damages, making a prompt settlement beneficial for the injured person’s immediate financial recovery and peace of mind. In those circumstances the focus is on organizing evidence, submitting a clear demand to the insurer, and negotiating terms that cover current expenses and short-term losses. Even when pursuing a limited approach, it is important to confirm that the settlement contemplates any pending medical issues to avoid unexpected future costs that remain uncompensated.

Common Situations That Lead to Catastrophic Injury Claims

Motor Vehicle Collisions

High-speed collisions, multi-vehicle crashes, and impacts involving commercial trucks or motorcycles frequently cause catastrophic injuries such as spinal cord trauma or traumatic brain injuries that result in long-term impairment and extensive medical needs. These incidents often require careful reconstruction, witness statements, and review of vehicle and traffic records to determine fault and to document how the collision produced lasting harm that affects future care and earning potential.

Workplace and Construction Accidents

Falls from height, crush injuries, and accidents involving heavy machinery on construction sites or industrial workplaces can produce catastrophic outcomes that leave workers with permanent disabilities and lifelong care requirements. Investigations in these cases examine safety protocols, equipment maintenance, subcontractor responsibilities, and employer conduct to identify liability and to pursue compensation that addresses ongoing medical and economic consequences.

Medical Negligence and Surgical Errors

When medical care falls below accepted standards and leads to severe, permanent injury, families may pursue claims to cover corrective care, rehabilitation, and long-term support needs caused by the error. Building these claims typically involves careful review of medical records, opinions from treating and other physicians, and documentation that ties the medical conduct to the injury and resulting losses.

South Charleston Catastrophic Injury Attorney

Why Choose Stephen New & Associates for Catastrophic Injury Claims

Choosing the right legal partner matters when an injury has lasting consequences; Stephen New & Associates provides focused attention on catastrophic injury matters while communicating clearly about case strategy, timelines, and potential outcomes. We prioritize gathering comprehensive medical evidence, coordinating with treating providers, and working with financial and vocational professionals to present a complete assessment of damages. Our office understands the local courts and insurers in West Virginia and can guide clients through each step, from initial investigation and demand through potential litigation to seek meaningful recovery.

Clients receive practical support for organizing records, understanding settlement offers, and planning for future care needs, including assistance locating appropriate treatment resources and coordinating benefits where applicable. We handle communications with insurers and opposing parties to protect client interests and to pursue compensation that addresses both medical and non-medical losses. To learn more about how a claim might be handled, contact our office at 304-355-5565 to schedule a discussion about the facts and options available in your South Charleston matter.

Call 304-355-5565 to Discuss Your Case

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FAQS

What qualifies as a catastrophic injury?

A catastrophic injury generally means a severe and permanent physical harm that results in long-term disability, permanent impairment, or ongoing medical and care needs that significantly alter daily life and earning capacity. These injuries commonly include spinal cord injuries causing paralysis, severe traumatic brain injuries that affect cognitive or emotional function, amputations, and injuries that require extensive rehabilitation or lifelong treatment. Determining whether an injury is catastrophic depends on medical documentation, prognosis, and the practical impact on the person’s ability to work and carry out everyday activities. When evaluating a potential claim, medical records, physician statements, and proof of continued care needs help establish the severity and permanence of the injury. Compensation in catastrophic cases aims to address both past and future medical costs, lost wages and earning capacity, and non-economic losses such as pain and suffering or reduced quality of life. Early collection of records and consistent documentation strengthens the description of long-term effects and supports a full assessment of damages.

How long do I have to file a catastrophic injury claim in West Virginia?

In West Virginia, the statute of limitations for personal injury claims generally sets a time limit within which a lawsuit must be filed, and that period can vary depending on the specific circumstances of the case. Timely filing is important because missing the deadline can bar recovery even when liability and damages are clear. Factors such as when the injury was discovered or if a government entity is involved can affect the applicable period, so it is important to confirm the deadline that applies to your situation as soon as possible. If you suspect you have a catastrophic injury claim, gathering evidence and speaking promptly with qualified legal counsel helps ensure filings and investigations proceed without delay. Early steps include preserving medical and incident records, obtaining witness information, and requesting relevant reports, all of which support both the legal claim and adherence to procedural deadlines. Quick action also improves the chances of maintaining critical evidence that may support long-term damage assessments.

What types of compensation can I recover in a catastrophic injury case?

A catastrophic injury claim may seek various forms of compensation designed to address both measurable financial losses and intangible harms. Economic damages include past and future medical expenses, rehabilitation costs, assistive devices, home modifications, and lost income or reduced earning capacity. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for family members who suffer relationship impacts as a result of the injury. In severe cases, claims may also seek recovery for the cost of long-term or lifetime care, vocational rehabilitation, and other specialized services necessary to maintain quality of life. A thorough evaluation uses medical and vocational assessments to estimate future needs and to calculate a compensation plan that reflects ongoing and changing requirements, ensuring that settlement or court awards address both present and anticipated losses.

How do you prove negligence in a catastrophic injury claim?

Proving negligence in a catastrophic injury case requires showing that another party owed a duty of care, breached that duty, and that the breach caused the injury and resulting damages. Common evidence includes medical records that document the injury, police or incident reports, witness statements, photographs, and any available surveillance or vehicle data. Where technical issues are involved, professional opinions from treating clinicians, accident reconstruction specialists, and life care planners can link actions or omissions to the outcome and quantify resulting needs and losses. Establishing a clear causal connection between the negligent act and the catastrophic outcome is essential, so coordinated investigation and preservation of evidence early in the process strengthens the claim. Proper organization of documentation, timely collection of records, and consultation with appropriate professionals support a persuasive demonstration of both liability and the full scope of damages for which recovery is sought.

Will my catastrophic injury case go to trial or settle?

Many catastrophic injury claims resolve through negotiated settlement, especially when liability is clear and the parties can agree on the scope of damages and future needs. Settlement can provide faster access to funds for medical care, home modifications, and other immediate needs without the time and expense of a trial. Effective negotiation requires thorough documentation of medical, financial, and quality-of-life impacts so that any settlement offer reflects both current expenses and projected future costs related to the injury. When settlement negotiations do not produce fair compensation, filing a lawsuit and proceeding to trial may be necessary to secure full recovery. Preparing for litigation includes gathering evidence, retaining appropriate professional opinions, and developing a litigation strategy to present the full story of loss to a judge or jury. The decision to litigate aims at achieving a result that adequately addresses long-term consequences and financial security for the injured person and their family.

How are future medical costs and long-term care needs calculated?

Calculating future medical costs and long-term care needs involves compiling current treatment records, projections from treating physicians, and opinions from life care planners or medical economists when appropriate. These projections consider expected therapies, surgeries, assistive devices, home health care, and periodic evaluations, and they estimate costs over the injured person’s anticipated lifetime or recovery horizon. Accurate projections require detailed input from medical providers and an understanding of local cost factors to build a credible and comprehensive estimate for use in settlement or trial. In addition to direct medical expenses, comprehensive valuation includes anticipated lost earning capacity, vocational retraining if necessary, and costs associated with modifying living arrangements or transportation. Presenting a credible calculation to insurers or a court relies on supporting documentation from medical and financial professionals, which demonstrates the necessity and reasonableness of projected costs tied to the catastrophic injury.

Can I recover compensation if I was partly at fault for the injury?

West Virginia applies comparative negligence principles, which can reduce recovery if the injured person is found partly at fault, but it does not necessarily bar a claim entirely. Under comparative fault rules, a recovery can be reduced in proportion to the injured party’s percentage of fault, so even when there is some shared responsibility, pursuing a claim may still provide meaningful compensation for the portion of damages attributable to the other party’s conduct. It is important to document the circumstances and to present evidence that minimizes or explains shared fault concerns. A careful investigation can identify all contributing factors and potential defendants whose liability offsets any shared fault, and presenting strong evidence about the primary causes of the injury can help preserve recovery. Legal guidance assists in assessing how comparative fault rules may apply in a specific case and in developing strategies to maximize the portion of damages recoverable under the law.

How long will a catastrophic injury case typically take to resolve?

The timeline for resolving a catastrophic injury case varies widely depending on the complexity of the medical issues, the number of parties involved, the extent of disputed liability, and whether the claim settles or proceeds to trial. Some matters resolve in a matter of months when liability is clear and medical treatment has stabilized, while others take years when extensive future care must be assessed or when litigation becomes necessary. Evaluating and documenting long-term needs typically requires waiting for a sufficient period of medical treatment to develop a reliable prognosis before pursuing a final resolution. While the process can be lengthy, careful early planning and thorough documentation help move the case forward efficiently and reduce delays caused by missing records or unresolved medical questions. Regular communication about case status, realistic timelines, and interim solutions for pressing needs supports client planning and ensures that claim development aligns with medical progress and legal requirements.

What should I do immediately after a catastrophic injury to protect a future claim?

Immediately after a catastrophic injury, prioritize safety and medical care, and make sure treating providers document injuries thoroughly in the medical record, including imaging, exam findings, and diagnoses. Preserve evidence when possible by keeping photographs of the scene and injuries, collecting witness contact information, and saving any reports or correspondence related to the incident. These early actions help create a clear factual foundation for a future claim and protect records that could be lost or altered over time. Keep detailed personal notes about symptoms, treatments, and the injury’s effects on daily life, and retain all medical bills, prescriptions, and appointment summaries. Avoid giving recorded statements to insurers without guidance and consult with legal counsel to understand how best to communicate with insurers and other parties while protecting your rights. Prompt action to organize documentation and preserve evidence supports later efforts to establish liability and calculate comprehensive damages.

How much will legal representation for a catastrophic injury case cost?

Many personal injury firms, including those handling catastrophic injury matters, work on a contingency fee basis, which means legal fees are paid as a percentage of any recovery rather than as upfront hourly charges. This arrangement allows injured people to pursue claims without immediate out-of-pocket legal expenses, and fees are typically taken from the final settlement or judgment. Clients should confirm the specific fee agreement, any case-related costs that may be advanced, and how those costs will be handled if there is no recovery, so there are no surprises about financial obligations during the representation. A clear discussion at the outset about fee percentages, estimated costs for experts or litigation, and billing practices helps clients make informed decisions and plan for possible outcomes. Transparency about costs and likely billing practices ensures that pursuing a claim is aligned with each client’s financial expectations and recovery goals, and it supports informed consent to the representation arrangement.

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