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Comprehensive Guide to Pedestrian Accident Claims in Elverta

If you or a loved one was hit while walking in Elverta, California, timely action can make a major difference in recovering damages and protecting your rights. At Law Republic APC we focus on representing people injured in pedestrian accidents, guiding clients through insurance negotiations, medical documentation, and claim timing. This page explains how pedestrian claims typically proceed in Sacramento County, what evidence matters, and practical steps to take after a collision. We also outline how local laws and roadway factors in Elverta can influence the value and course of a case.

After a pedestrian collision in Elverta, getting clear legal direction early helps preserve important evidence and supports a stronger presentation to insurers or a court. This introduction covers the first actions to consider following a crash, such as seeking medical attention, collecting photos and witness information, and contacting an attorney to discuss liability and potential recovery. Law Republic APC can explain how California laws on fault and comparative negligence may affect compensation and help you pursue fair payment for medical bills, lost income, and pain and suffering.

Why Legal Representation Matters After a Pedestrian Accident in Elverta

Navigating a pedestrian injury claim involves more than filling out forms. Legal representation provides practical benefits such as accurate valuation of damages, handling insurer communications, collecting and preserving crucial evidence from the accident scene, and advising on how local rules apply. An attorney can also coordinate with medical providers to document injuries in ways that support a claim and negotiate for fair settlements. For many injured pedestrians, having a dedicated advocate reduces stress, prevents costly mistakes, and improves the likelihood of obtaining full and timely compensation.

About Law Republic APC and Our Approach to Pedestrian Injury Cases

Law Republic APC serves clients across California, including residents of Elverta and Sacramento County, with a focus on personal injury matters including pedestrian collisions. Our approach emphasizes careful investigation, attentive client communication, and aggressive negotiation when insurers undervalue cases. We work directly with medical providers, accident reconstruction resources, and local contacts to develop the strongest possible case. Clients receive clear explanations of options and realistic timelines so they can make informed choices about settlements or litigation.

Understanding Pedestrian Accident Claims in Elverta

A pedestrian accident claim typically seeks compensation for medical expenses, lost wages, ongoing care, and non-economic harms like pain and suffering. In Elverta, factors such as intersection design, visibility, crosswalk markings, driver behavior, and traffic signals can affect who is considered at fault. California follows comparative negligence rules, which may reduce recovery if the pedestrian is found partly responsible. Understanding how local traffic conditions and recorded evidence influence liability helps claimants set reasonable expectations and pursue the appropriate legal strategy.

The claims process begins with establishing liability and documenting injuries. Evidence commonly used includes police reports, medical records, photographs of the scene and injuries, witness statements, and any available video footage from nearby cameras. Insurers often evaluate claims quickly and may offer early settlements that do not fully cover future care. A careful review of all factors, including preexisting conditions and long-term effects, is needed to determine fair compensation. This service assists in collecting evidence, communicating with insurers, and advocating for a comprehensive recovery.

What Constitutes a Pedestrian Accident Claim in Elverta

A pedestrian accident claim arises when a person walking is injured due to the negligence of a driver or another responsible party. Typical scenarios include crosswalk collisions, backing accidents in parking lots, collisions at intersections, or incidents involving distracted or impaired drivers. The claim process seeks to hold the at-fault party accountable and secure payment for medical treatment, rehabilitation, lost earnings, and other damages. In Elverta, careful documentation of the incident, injury progression, and eyewitness accounts is essential to proving fault and the full extent of losses.

Key Elements and Steps in a Pedestrian Injury Case

Successful pedestrian injury claims typically rely on establishing duty, breach, causation, and damages. Important practical steps include documenting injuries and the scene, obtaining a police report, identifying witnesses, working with medical professionals to track treatment needs, and estimating future care costs. Insurer negotiations often require detailed demand packages and credible evidence. When settlement is insufficient, filing a lawsuit in Sacramento County may be necessary. Each phase requires close attention to deadlines, evidence preservation, and legal rules that determine admissibility of proof.

Key Terms and Glossary for Pedestrian Accident Claims

Understanding common legal and medical terms can make the claims process less confusing. This glossary highlights phrases you will encounter while pursuing a pedestrian injury claim, explaining their relevance to evidence, valuation, and procedural steps. Clear definitions help clients evaluate settlement offers, understand medical billing, and communicate effectively with insurers and medical providers. Familiarity with these terms supports more informed decisions about treatment options, financial recovery, and case strategy as matters progress in Elverta and Sacramento County.

Comparative Negligence

Comparative negligence is a legal rule used to allocate fault when more than one party shares responsibility for an accident. In California, if a pedestrian is partially responsible for an incident, their recoverable damages are reduced by their percentage of fault. For example, if a jury assigns 20% fault to the injured pedestrian and awards $100,000, the pedestrian’s recovery would be reduced to $80,000. Understanding this concept is important when evaluating settlements and deciding whether to pursue litigation in cases with shared responsibility.

Demand Package

A demand package is a formal presentation to an insurer requesting compensation for injuries and losses, supported by medical records, bills, photos, witness statements, and a valuation of damages. The demand outlines the facts of the accident, the legal basis for liability, and a proposed settlement figure. Preparing a thorough demand package increases the likelihood of a fair offer by presenting clear documentation of injuries, treatment needs, expected future care, and financial losses. This document is a central part of prelitigation negotiation.

Liability

Liability refers to legal responsibility for causing harm. In pedestrian accident cases, liability may rest with a driver, property owner, or government entity depending on circumstances such as roadway design, signage, or negligent driving. Establishing liability requires showing that the defendant owed a duty of care to the pedestrian, breached that duty through negligent conduct, and that the breach proximately caused the pedestrian’s injuries. Accurate determination of liability guides settlement negotiations and potential legal claims.

Damages

Damages are the monetary losses a victim seeks to recover for injuries caused by another party. They commonly include medical expenses, lost wages, loss of earning capacity, rehabilitation costs, and non-economic damages such as pain and suffering. In some cases, punitive damages may be pursued when conduct was particularly reckless. Properly calculating damages involves medical records, economic analysis, and documentation of daily life impact to ensure the claim reflects both immediate and long-term needs.

Comparing Legal Options After an Elverta Pedestrian Accident

After a pedestrian collision, victims typically choose between handling matters directly with insurers, seeking attorney-assisted negotiation, or pursuing a lawsuit. Each option has trade-offs: direct negotiation can be faster but risks undervaluation; attorney-assisted negotiation brings experienced case preparation and bargaining but may involve fees; litigation can secure larger awards when liability or damages are disputed but requires time and court procedures. Evaluating these paths depends on the severity of injuries, clarity of liability, and the willingness of insurers to offer fair compensation.

When a Limited Claims Approach Might Be Appropriate:

Minor Injuries with Clear Liability

A limited approach may suffice when injuries are minor, medical costs are low, and fault is obvious. In such cases, direct negotiation with the insurer or a simple demand package often yields a fair settlement without extensive investigation. However, even with seemingly minor injuries, hidden complications can arise, so it is important to document treatment and watch for ongoing symptoms. If the insurer offers a prompt and reasonable payment that covers all related expenses and future care needs, accepting a limited resolution might be appropriate.

Quick Resolution Desired and No Disputed Liability

Victims who prioritize a quick resolution and face clear liability from the other driver may opt for a limited handling of their claim. This can avoid prolonged negotiations and legal fees when insurer cooperation is evident. Before accepting such an approach, ensure that the settlement accounts for any potential future medical needs and that release language does not inadvertently waive claims not yet apparent. Clear documentation and a careful review of offers help prevent accepting less than full compensation for lasting impacts.

Why a Comprehensive Legal Approach Often Produces Better Outcomes:

Complex Injuries or Disputed Fault

When injuries are severe, faults are disputed, or insurers minimize claims, a comprehensive approach is often necessary. This involves detailed investigation, coordination with medical and economic professionals, and preparation for litigation if settlement talks fail. Comprehensive representation helps ensure all current and future costs are considered, that liability issues are thoroughly explored, and that persuasive evidence is presented to insurers or a jury. For many serious cases in Elverta, this level of diligence is key to securing adequate compensation.

Potential for Long-Term Care and Lost Earnings

If injuries result in long-term medical needs, vocational limitations, or significant lost income, a full-service legal approach better captures the long-term financial impact. Professionals can calculate future care costs and lost earning potential, obtain expert medical opinions when necessary, and protect against premature settlement offers. Planning for likely future expenses and demonstrating long-term consequences of injuries supports a claim for compensation that aligns with the injured person’s ongoing needs.

Benefits of a Comprehensive Legal Strategy for Pedestrian Claims

A comprehensive legal strategy brings organized evidence collection, consistent communication with insurers, and thorough valuation of damages. This approach reduces the risk of overlooking future medical needs, ensures witnesses and scene documentation are preserved, and increases leverage during settlement negotiations. For many claimants, this method results in higher recoveries and avoids delays that can worsen financial strain. It also provides guidance on medical treatment choices and timing so recovery and compensation remain aligned.

Comprehensive representation also helps minimize stress by managing administrative burdens, such as medical billing disputes and insurer investigation. When negotiations stall, having a prepared case ready for litigation increases the likelihood of better settlement offers. The ability to coordinate with medical professionals and accident reconstruction resources supports a persuasive presentation of facts and consequences. For residents of Elverta facing serious injury claims, this approach helps protect long-term financial stability and supports meaningful recovery.

Accurate Valuation of Damages

A central benefit of full representation is accurately valuing both current and future losses. This includes compiling medical bills, estimating rehabilitation and assistive care, documenting lost income and diminished earning capacity, and placing a fair value on non-economic impacts. Proper valuation often requires collaboration with medical providers and economists to present a realistic financial picture. Accurate estimates protect clients from accepting lowball offers that do not cover the long-term effects of injuries sustained in pedestrian accidents.

Preservation and Presentation of Evidence

Comprehensive cases emphasize preserving crucial evidence like photos, surveillance footage, witness statements, and medical records. Early steps to secure these materials prevent loss or destruction and strengthen a claim’s credibility. Thorough evidence presentation to insurers or a court demonstrates the sequence of events, the nature of injuries, and the defendant’s responsibility. By organizing the facts clearly and professionally, a strong case supports better negotiation outcomes and prepares the client for any necessary courtroom proceedings.

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Practical Tips After a Pedestrian Accident in Elverta

Seek Immediate Medical Care and Keep Records

After any pedestrian collision, seek medical attention as soon as possible, even if injuries seem minor at first. Prompt medical evaluation documents your condition and links treatment to the accident, which is important for insurance claims. Keep copies of all medical records, imaging, prescriptions, and billing statements. Detailed medical documentation supports a stronger claim for both current and anticipated future care. Maintain a file with dates, provider names, and treatment summaries to ensure comprehensive evidence for negotiations or potential court proceedings.

Document the Scene and Collect Witness Information

If you are able, take photos of the accident scene, vehicle damage, road markings, traffic signage, and your injuries. Record contact information for witnesses and a brief summary of what each witness observed. Preserve any available video evidence from nearby cameras or dashcams. These materials provide a clearer account of how the accident occurred and can counter inaccurate insurer narratives. Good documentation gathered early can be decisive when establishing liability and strengthening your overall claim.

Avoid Giving Detailed Recorded Statements to Insurers Without Guidance

Insurance companies may request recorded statements soon after an accident. Before providing detailed statements, consider speaking with a legal representative to understand potential impacts. Statements can be used to minimize liability or create inconsistencies later. Providing basic facts such as your name, contact details, and immediate medical care is reasonable, but avoid speculating about fault, assigning blame, or downplaying symptoms. Taking measured steps protects your claim while allowing time to gather additional evidence and medical documentation.

Reasons to Consider Legal Help After an Elverta Pedestrian Collision

Choosing legal assistance after a pedestrian accident helps ensure that all damages are identified and pursued. Victims often face mounting medical bills, lost income, and uncertainty about future care needs. An attorney can evaluate the claim’s value, gather proof of liability, communicate with insurers, and advocate for appropriate compensation. Legal help is especially important when the other party disputes fault, the injuries are severe, or insurers offer quick settlements that do not address long-term consequences. Professional guidance reduces the risk of accepting insufficient compensation.

Another reason to consider legal representation is the complexity of dealing with multiple insurers or governmental entities when roadway factors contribute to an accident. Claims involving dangerous intersections, inadequate crosswalks, or local maintenance issues may require additional investigation and procedural steps. Properly handling these matters often requires knowledge of claims processes, evidence preservation techniques, and local filing deadlines. Legal assistance supports a coordinated response that maximizes recovery while protecting claimant rights in Elverta and Sacramento County.

Common Circumstances That Lead Pedestrians to Seek Legal Help

Many pedestrians contact an attorney after collisions involving distracted drivers, impaired operation, failure to yield at crosswalks, or accidents in poorly marked areas. Additional triggers include hit-and-run collisions, disputes about fault, significant medical treatment needs, or long-term impairments. In cases involving multiple defendants, or when local roadway design contributed to an accident, claimants often require legal assistance to investigate and pursue damages. These circumstances make legal guidance valuable to protect both immediate and future interests.

Hit-and-Run Incidents

Hit-and-run pedestrian accidents present unique challenges because the fleeing driver may be unidentified. In these situations, legal help can assist with alternative recovery options such as uninsured motorist claims if your own policy covers such collisions, or working with investigators to locate the responsible party. An attorney can also coordinate with law enforcement and follow investigative leads that may uncover evidence like witness accounts or surveillance footage. Pursuing these avenues can improve the chances of obtaining compensation despite an initial lack of driver identification.

Disputed Liability Between Driver and Pedestrian

When fault is contested, insurers may minimize or deny claims by arguing that the pedestrian shared responsibility. Legal representation helps reconstruct events, preserve witness testimony, and obtain objective evidence, such as traffic camera footage or cell phone records, to counter disputed narratives. Attorneys can explain how California’s comparative negligence laws affect recovery and prepare a persuasive case for negotiation or litigation. A well-documented approach increases the likelihood of obtaining fair compensation even when liability is unclear.

Serious or Long-Term Injuries

Serious injuries that require surgery, ongoing rehabilitation, or long-term care demand a careful calculation of future medical needs and lost earning capacity. In such cases, legal assistance is valuable to document projected costs, secure expert opinions when necessary, and negotiate for compensation that addresses lasting impacts. Attorneys can work with vocational and economic specialists to quantify future losses and ensure settlement offers reflect the full scope of the injury’s effects on quality of life and financial stability.

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We’re Here to Help Pedestrian Injury Victims in Elverta

If you were injured as a pedestrian in Elverta, Law Republic APC is available to discuss your situation and options. We provide a careful review of your accident, explain how local law applies, and outline steps to preserve evidence and pursue compensation. Our goal is to guide you through the claims process while reducing stress and ensuring important deadlines are met. Contact us to schedule a consultation, learn about potential recovery paths, and receive clear next steps tailored to your unique circumstances.

Why Choose Law Republic APC for Your Pedestrian Injury Case

Law Republic APC represents clients throughout California, including Elverta and Sacramento County, with a focus on personal injury matters. Our approach combines thorough investigation, careful documentation of injuries and damages, and persistent negotiation with insurers. We prioritize client communication, so you understand the strategy, timeline, and likely outcomes. By coordinating medical documentation and evidence collection, we aim to present a persuasive case that maximizes recovery while minimizing additional stress for injured parties.

Clients who work with our firm benefit from dedicated case management and a focus on practical solutions. We help preserve evidence, consult with medical and economic professionals when needed, and prepare robust demands that reflect actual and future needs. Whether a claim settles in prelitigation negotiations or requires filing suit in Sacramento County, our preparation is designed to support the best possible outcome. We also keep clients informed so they can make confident decisions about settlement offers and case direction.

Our team understands the pressures injured pedestrians face, such as mounting medical bills and lost income, and we work to address those concerns promptly. We provide straightforward advice about insurer tactics, claim valuation, and procedural steps. With a focus on clear communication and thorough preparation, we assist clients in pursuing fair compensation while handling the administrative and legal work that follows a pedestrian collision in Elverta.

Contact Law Republic APC for a Free Case Review

How the Legal Process Works at Our Firm for Pedestrian Claims

Our process begins with a free consultation to review the accident, injuries, and evidence. We then investigate the scene, collect medical records and witness statements, and prepare a detailed demand package for insurers. If a fair settlement cannot be reached, we will prepare and file a lawsuit while continuing discovery and expert preparation. Throughout the process, clients receive regular updates, billing transparency, and guidance on medical and financial matters related to their recovery and claim.

Step 1: Case Intake and Immediate Actions

During intake we gather initial facts, assess medical needs, and recommend immediate steps to preserve evidence and protect legal rights. We can advise on communicating with insurers, securing witness contact information, and obtaining police or incident reports. Timely actions at this stage, such as photographing the scene and obtaining medical documentation, strengthen the foundation of the claim. We also assess applicable deadlines and explain possible insurance coverages that may apply to the loss.

Initial Evidence Collection

Quickly collecting evidence is essential to a strong claim. This includes photos of the scene and injuries, witness statements, and any available video footage. We work to secure such materials promptly to avoid loss or alteration. Early documentation also helps correlate medical treatment to the accident timeline and supports demands for compensation. Preserving evidence at the outset reduces disputes over details and helps create a persuasive narrative for insurers or a court.

Medical Documentation and Treatment Planning

We assist clients in documenting medical care, obtaining complete records, and coordinating with providers to ensure treatment is well-documented and linked to the accident. This includes tracking bills, imaging results, and rehabilitation needs. Proper medical documentation clarifies the extent of injuries and supports claims for future treatment costs. Our guidance helps clients make informed decisions about care that both aids recovery and strengthens the legal case.

Step 2: Demand Preparation and Negotiation

Once evidence and medical documentation are collected, we prepare a demand package outlining liability, damages, and a settlement request supported by records. We present this package to insurers and open negotiations. This stage often involves back-and-forth offers, requests for additional information, and possible mediation. Our goal is to secure a fair settlement without litigation when appropriate, while remaining prepared to litigate if insurers do not negotiate in good faith.

Preparing a Strong Demand Package

A strong demand package includes a clear narrative of the accident, medical records and bills, wage loss documentation, and evidence of ongoing care needs. We include photographs, witness statements, and any expert opinions that underline liability or damages. Presenting a complete and organized package increases pressure on insurers to offer reasonable compensation and reduces opportunities for them to undervalue the claim.

Negotiation and Mediation Options

Negotiations may be handled directly with insurers or through formal mediation when needed. We evaluate offers in light of medical prognosis, long-term costs, and client priorities. Mediation can provide a structured forum to resolve disputes without a trial. If negotiation is unsuccessful, we prepare to proceed with litigation while continuing to pursue resolution through settlement discussions when appropriate.

Step 3: Litigation and Trial Preparation

If settlement negotiations fail or liability remains contested, we prepare to file suit in the appropriate court and proceed through discovery, expert preparation, and trial readiness. Litigation involves depositions, exchange of evidence, and pretrial motions, all aimed at building a persuasive case. While many cases settle before trial, thorough preparation ensures the client is positioned to pursue full recovery if court resolution becomes necessary.

Discovery and Expert Collaboration

During discovery we gather detailed evidence from all parties, take depositions, and retain professionals such as medical or accident reconstruction consultants when needed. These steps clarify liability and quantify damages. Effective discovery can expose weaknesses in opposing positions and strengthen settlement leverage. We coordinate the collection and presentation of this information to create a clear and convincing case foundation.

Trial Preparation and Court Proceedings

Trial preparation includes organizing witness testimony, exhibits, and legal arguments to present to a judge or jury. We prepare clients and witnesses for testimony and develop a strategy that highlights the strongest evidence of liability and damages. If a trial occurs, our goal is to secure full and fair compensation through a persuasive presentation of the facts and the consequences of the injury on the claimant’s life.

Frequently Asked Questions About Pedestrian Accident Claims in Elverta

What should I do immediately after a pedestrian accident in Elverta?

Seek immediate medical attention and report the collision to law enforcement if possible. Medical care not only protects your health but also creates documentation linking injuries to the accident. Gather information at the scene including photos, witness contact details, and the other vehicle’s description if safe to do so. Notify your insurance company and consider contacting a law office to discuss evidence preservation and next steps. Document every treatment visit, keep records of bills and lost wages, and avoid providing detailed recorded statements to insurers before consulting with counsel. These steps help protect your claim while you focus on recovery and allow a legal advisor to guide interactions with insurers and investigators.

California’s statute of limitations for most personal injury claims is generally two years from the date of the injury, though there are exceptions. If a government entity may be responsible, shorter deadlines and notice requirements can apply, making prompt action important. Missing filing deadlines can bar recovery, so it is important to act quickly to preserve rights. Consulting with an attorney early helps identify applicable deadlines and necessary notice requirements for claims against private parties or public agencies. Timely investigation also preserves evidence and witness memories that are important to building a strong case.

California follows a comparative negligence rule that reduces a claimant’s recovery by their percentage of fault. If a pedestrian is found partially responsible, the final award is adjusted accordingly. For example, a 20% fault allocation would reduce recovery by 20 percent. Understanding how fault is apportioned is key to evaluating settlement offers and deciding whether to pursue litigation. Legal representation can help challenge inaccurate fault assignments and gather evidence to show the driver’s primary responsibility. Negotiation and litigation strategies aim to minimize any misplaced claims of pedestrian fault and maximize a fair recovery for injuries and losses.

Victims can seek compensation for economic and non-economic losses. Economic damages include medical bills, rehabilitation, prescription costs, out-of-pocket expenses, and lost wages. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In certain cases, damages for future care and reduced earning capacity are also pursued. A complete claim will document immediate expenses and project future needs. Gathering medical reports, employment records, and expert assessments supports a comprehensive valuation that accounts for long-term consequences and helps avoid undercompensating the injured party.

You should evaluate any settlement offer carefully before accepting, particularly early offers that may be lower than the true value of your claim. Insurers sometimes make prompt offers to close claims quickly, but these may not cover future medical costs or long-term impacts. Review offers with a legal advisor who can assess whether the payment fully addresses present and anticipated needs. If an offer does not account for ongoing treatment or lost earning capacity, it may be prudent to reject it and seek further negotiation. Accepting a release typically ends your right to pursue additional compensation for the same incident, so careful consideration is essential.

If the driver fled the scene, you may still have recovery options through uninsured motorist coverage if your policy includes it, or by working with law enforcement to locate the responsible party. Legal assistance can help coordinate these efforts and navigate applicable coverages. Documenting the scene, witness accounts, and any surveillance footage increases chances of identifying the driver. Even when the motorist is not immediately located, pursuing available insurance claims and coordinating with investigators can lead to compensation or eventual identification. Early legal guidance helps preserve avenues for recovery and guides the collection of evidence while memories remain fresh.

Medical records are among the most important evidence in a pedestrian injury claim because they establish the nature and extent of injuries and link treatment to the accident. Detailed notes, imaging reports, and provider statements help quantify medical costs and substantiate claims for future care. Keeping consistent treatment records improves credibility when presenting the claim to insurers or a court. Coordinate with medical providers to ensure records are complete and include dates, diagnoses, treatments, and provider opinions about prognosis. Legal counsel can help obtain records, organize them chronologically, and use them effectively in settlement demands or litigation.

Many pedestrian injury cases settle before trial through negotiation or mediation, especially when liability and damages are clear. Settlement is often faster and less costly than litigation, but the outcome depends on insurer cooperation and the strength of the evidence. An attorney can negotiate aggressively to reach a fair settlement that accounts for medical and long-term needs. When disputes over liability or the extent of injuries persist, litigation may be necessary to secure full compensation. Preparing for trial involves discovery, witness depositions, and expert preparation, all aimed at persuading a judge or jury of the claimant’s entitlement to damages.

Proving liability in a crosswalk accident involves showing that the driver failed to exercise reasonable care, such as failing to yield, speeding, or being distracted. Evidence like witness statements, traffic camera footage, road markings, and police reports help establish what occurred. Photographs of the scene and vehicle positions support reconstruction of events and demonstrate whether the crosswalk was clearly marked. Medical timelines that link injuries to the collision, combined with objective evidence of driver behavior, strengthen the claim. A thorough investigation aims to reconstruct the accident narrative and demonstrate the driver’s responsibility for the pedestrian’s injuries.

A police report documents the scene and can include officer observations, statements from involved parties, and citations issued. While not determinative, it is often influential in establishing a factual record and may be used by insurers and attorneys. Obtaining the incident report soon after the accident helps preserve an official account of events and initial findings. Police reports can also point to witnesses and record the responding officer’s assessment, which supports a claim’s credibility. However, supplemental evidence such as photos, medical records, and independent witness statements remains important to fully prove liability and damages.

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