As a leading New Jersey personal injury attorney, I’ve spent decades working through the intricacies of New Jersey’s car accident laws to secure justice and maximum compensation for clients. Understanding these laws is crucial to protecting your rights after an accident. In this guide, we’ll break down every aspect and highlight all of the essentials.
In this guide will explain to you everything you need to know about New Jersey Car Accident Laws, Lawsuits, Claims, and Settlements.
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Dealing with the aftermath of a car accident in New Jersey requires a clear understanding of the laws that govern liability, insurance coverage, and compensation. Being informed about your rights and responsibilities can make a significant difference in protecting your interests.
In this chapter, we’ll cover the essential car accident laws in New Jersey to help you build a strong foundation for your case.
New Jersey car accident laws include no-fault insurance requirements, comparative negligence rules, and a two-year statute of limitations for personal injury claims. Drivers must also report accidents resulting in injury, death, or significant property damage.
New Jersey follows a no-fault insurance system, meaning drivers must rely on their own Personal Injury Protection (PIP) coverage for medical expenses, regardless of who caused the accident.
Key points about no-fault insurance:
Under New Jersey’s modified comparative negligence rule, you can recover damages as long as you are less than 50% at fault for the accident. Your compensation is reduced by your percentage of fault.
Example:
This rule ensures fair outcomes but requires strong evidence to minimize fault attributed to you.
How long do you have to file a car accident claim in New Jersey?
The statute of limitations for filing a personal injury claim in New Jersey is two years from the date of the accident. For property damage claims, the limit is six years.
Failing to meet this deadline can result in losing your right to seek compensation. Exceptions may apply, such as cases involving minors or government entities.
New Jersey law requires you to report any car accident resulting in:
How to report an accident:
Failing to report can result in fines, penalties, and complications with insurance claims.
This chapter sets the foundation for understanding the critical legal framework in New Jersey. Now that you know the basics of car accident laws, let’s explore Chapter 2: Filing a Car Accident Claim in New Jersey, where we’ll detail step-by-step instructions to file your claim successfully.
Filing a car accident claim in New Jersey is a critical step toward securing compensation for your injuries and losses. Understanding the process can help you avoid delays, ensure your claim is complete, and maximize your settlement potential.
In this chapter, we’ll walk you through the essential steps, from gathering evidence to negotiating with insurance companies. Let’s explore how to effectively file a car accident claim in New Jersey.
To file a car accident claim in New Jersey, report the accident to your insurance company, gather evidence, calculate damages, and submit your claim within the insurer’s timeline. If needed, consult a personal injury lawyer to pursue additional compensation.
Filing a car accident claim can feel overwhelming, but knowing the steps can ensure you protect your rights and receive the compensation you deserve. Below, we’ll guide you through the process step-by-step, ensuring you meet all legal and insurance requirements.
New Jersey law requires drivers to notify their insurance company as soon as possible after an accident. Delayed reporting could result in claim denial.
Key details to provide when notifying your insurer:
Pro Tip: Stick to factual information. Avoid admitting fault or providing speculative details during initial conversations.
Strong evidence is critical to building a solid car accident claim. The more documentation you have, the stronger your position will be during negotiations or legal proceedings.
Types of evidence to collect:
Accurately calculating your damages ensures you receive fair compensation. Damages fall into two categories:
Economic Damages:
Non-Economic Damages:
Once you’ve gathered evidence and calculated damages, you’re ready to file your claim. This involves submitting the following to your insurance company or the at-fault driver’s insurer:
After filing your claim, the insurance company will assign an adjuster to review your case. Be prepared for negotiations, as insurers often aim to minimize payouts.
Tips for successful negotiations:
You should consult a lawyer if:
A personal injury lawyer can help you file a lawsuit if negotiations fail, ensuring you receive fair compensation.
Filing a car accident claim is just the beginning of your journey to compensation. In Chapter 3: Determining Fault and Liability in New Jersey Car Accidents, we’ll explain how liability is established under state law and its impact on your settlement.
Understanding how fault and liability are determined after a car accident in New Jersey is crucial for securing fair compensation. Fault directly impacts the amount you may recover, making it essential to grasp the principles of liability and the evidence required to prove it.
In this chapter, we’ll explore the key factors used to establish fault and how liability influences your claim.
Fault in New Jersey car accidents is determined by analyzing evidence such as police reports, witness statements, and accident scene photos, along with applying the state’s modified comparative negligence rule.
Establishing fault is critical to resolving a car accident claim, as it directly impacts the compensation you may receive. In New Jersey, this process involves gathering evidence, interpreting state-specific laws, and sometimes relying on legal expertise.
New Jersey follows a modified comparative negligence rule, meaning your compensation may be reduced if you are partially at fault. However, if you are more than 50% at fault, you cannot recover damages.
Example of comparative negligence in action:
This rule emphasizes the importance of minimizing your share of fault during claims or lawsuits.
Evidence like police reports, accident scene photos, witness testimonies, and proof of traffic law violations are key to establishing fault in New Jersey.
To determine fault, the following types of evidence are analyzed:
Pro Tip: Retain all evidence and share it with your attorney to strengthen your claim.
In New Jersey, your compensation is reduced by your percentage of fault under the comparative negligence rule. If you are more than 50% at fault, you cannot recover damages.
Fault plays a critical role in personal injury cases. Under New Jersey’s modified comparative negligence law, determining fault percentage is crucial for calculating compensation.
Here’s how it works:
Fault Percentage | Total Damages | Adjusted Settlement |
---|---|---|
0% (Not at Fault) | $100,000 | $100,000 |
20% (Partial Fault) | $100,000 | $80,000 |
50% (Partial Fault) | $100,000 | $50,000 |
51% (Majority Fault) | $100,000 | $0 |
Understanding this calculation ensures realistic expectations during negotiations or legal proceedings.
Disputes often arise over:
Hiring a personal injury attorney can help overcome these disputes through a thorough investigation and expert witness support.
Determining fault is just one part of the process. In Chapter 4: Types of Compensation Available After a Car Accident, we’ll delve into the types of damages you may recover, including economic, non-economic, and punitive damages.
After a car accident in New Jersey, understanding the types of compensation you may be entitled to is essential for recovering your losses. From covering medical expenses to addressing pain and suffering, compensation can help rebuild your financial and emotional well-being.
In this chapter, we’ll break down the various categories of damages available and how they apply to your claim.
After a car accident in New Jersey, you may recover economic damages, non-economic damages, and in rare cases, punitive damages, depending on the circumstances of the accident.
Understanding the types of compensation available ensures that you seek and receive the full amount you’re entitled to. These damages are categorized to address financial losses, emotional suffering, and punitive measures against egregious negligence.
Economic damages compensate for tangible financial losses resulting from the accident. These include:
Example of economic damages calculation:
Category | Cost |
---|---|
Medical Bills | $30,000 |
Future Treatment | $10,000 |
Lost Wages | $15,000 |
Vehicle Repairs | $5,000 |
Total Economic Damages | $60,000 |
Non-economic damages address intangible losses that don’t have a clear monetary value. These damages often require expert testimony to quantify:
Example of non-economic damages evaluation:
Courts may use a multiplier method, where economic damages are multiplied by a number (typically 1.5 to 5) based on the severity of your injuries.
Punitive damages are rare in car accident cases and are awarded only when the at-fault party acted with extreme negligence or intentional misconduct, such as:
Key points about punitive damages in New Jersey:
Compensation is determined based on several factors, including:
Understanding the types of compensation available helps you build a stronger claim and ensures no damages are overlooked. In Chapter 5: Statute of Limitations and Filing Deadlines in New Jersey, we’ll explore how timely action is critical to protecting your rights.
Car accident claims in New Jersey must adhere to strict legal deadlines, known as the statute of limitations. These deadlines determine how long you have to file a claim after an accident and can have a significant impact on your ability to recover compensation. Understanding these timeframes is crucial to protecting your legal rights and maximizing your claim.
In New Jersey, you have two years from the date of the accident to file a personal injury claim under Revised Statute § 2A:14-2. For property damage claims, the statute of limitations extends to six years, as outlined in Revised Statute § 2A:14-1. Missing these deadlines can prevent you from recovering compensation for your injuries or vehicle damage.
The statute of limitations exists to ensure that claims are filed while evidence is still fresh and available. Over time, key details like witness memories and physical evidence may fade, making it harder to establish fault and liability.
Certain exceptions can extend or shorten the time you have to file:
Failing to file within the statute of limitations can result in your claim being dismissed by the court. This means you forfeit your right to seek compensation for your injuries, no matter how valid your case may be.
To ensure you meet all filing deadlines:
Pro Tip: Acting quickly not only ensures compliance with legal deadlines but also strengthens your case by preserving critical evidence and testimony. Time is a critical factor in achieving a favorable outcome.
With a proven track record of success, Mattiacci Law has helped countless clients recover the compensation they deserve by handling every aspect of their car accident claims promptly and efficiently. Our team ensures that no deadlines are missed, giving you the best opportunity to achieve justice.
Understanding how the statute of limitations works is only one part of the puzzle. In the next chapter, we’ll walk you through the steps to take immediately following a car accident to protect your rights and maximize your compensation. Stay prepared and informed!
After a car accident in New Jersey, dealing with insurance companies can feel overwhelming. These companies often aim to minimize payouts, making it essential to approach the process strategically. In this chapter, you’ll learn how to communicate effectively with insurers, protect your rights, and secure the compensation you deserve.
To effectively deal with insurance companies after a car accident in New Jersey, promptly report the accident, provide accurate information, avoid admitting fault, and consult legal counsel before agreeing to any settlement. These steps help protect your rights and maximize your compensation.
When dealing with insurance companies, avoid admitting fault, providing recorded statements without an attorney, or accepting initial settlement offers. These actions can negatively impact your claim.
Insurance companies frequently employ strategies to lower payouts. Being aware of these tactics can help you counter them effectively:
The timeline for resolving car accident insurance claims in New Jersey typically ranges from a few weeks to several months. Delays can occur due to ongoing medical treatment, fault disputes, or policy issues.
Factors influencing claim timelines:
Providing strong evidence improves your claim’s credibility and ensures fair compensation:
Pro Tips for Handling Insurance Companies
By following these strategies, you can protect your interests and ensure that the insurance company treats your claim fairly. However, understanding how insurance companies operate is only part of the equation. It’s equally important to know what legal options are available if negotiations fail, which brings us to the next chapter: What Are Your Legal Options After a Car Accident in New Jersey?
Car accidents can leave victims overwhelmed with medical bills, lost wages, and emotional trauma. In New Jersey, there are several legal pathways to pursue compensation for your losses. Knowing your options empowers you to make informed decisions about your case and protect your rights.
After a car accident in New Jersey, understanding your legal options is crucial to protecting your rights and securing fair compensation. Filing a personal injury lawsuit allows you to recover damages for medical bills, lost income, and emotional suffering when negotiations with insurers fail. The process involves structured steps to present your case effectively.
With the guidance of an experienced personal injury lawyer, you can ensure all legal requirements are met while focusing on recovery. This chapter breaks down the key steps involved in pursuing a lawsuit, the potential benefits, and important factors like comparative negligence laws.
Filing a car accident lawsuit in New Jersey involves evaluating your claim, consulting a personal injury lawyer, filing a formal complaint, serving the defendant, engaging in discovery, negotiating a settlement, and proceeding to trial if necessary. These structured steps ensure your case is effectively presented and increases your chances of securing fair compensation.
The timeline for resolving a car accident lawsuit can range from several months to multiple years. Factors influencing this timeline include the complexity of the case, the availability of evidence, and court scheduling. Some cases settle quickly, while others require extensive litigation.
Filing a lawsuit may seem daunting, but it offers several potential benefits:
New Jersey’s comparative negligence law affects the compensation you can receive. Your award will be reduced by your percentage of fault. For example:
This system ensures fairness but underscores the importance of solid evidence to minimize fault attribution.
Common mistakes when filing a car accident lawsuit in New Jersey include delaying action beyond the two-year statute of limitations, failing to document evidence like injuries and damages, and accepting an initial settlement offer that may not fully cover your losses.
Pro Tip for Lawsuit Success: Keep detailed records of all expenses and communications related to your case. Organized documentation strengthens your claim and helps your attorney present a compelling argument in court.
Legal action after a car accident requires careful planning and strong evidence to succeed. With your options clarified, the next chapter will guide you through how settlements are negotiated and finalized in New Jersey car accident cases.
When filing a car accident claim in New Jersey, you’re likely to encounter resistance from insurance companies focused on minimizing payouts. These companies employ various tactics to dispute liability, undervalue damages, or delay settlements. By recognizing these strategies, you can take proactive steps to protect your rights and ensure fair compensation.
Insurance companies aim to reduce payouts by disputing liability, undervaluing claims, and pressuring victims to settle quickly. Knowing these tactics helps you approach the claims process more effectively.
Common tactics include:
Disputing Liability: Adjusters may argue you were partially or fully at fault.
Undervaluing Claims: Insurers often lowball medical expenses and pain and suffering.
Delaying Settlements: Prolonging the process pressures victims into accepting less.
Surveillance: Companies may monitor your activities to dispute injury severity.
Exploiting Prior Injuries: Adjusters might claim pre-existing conditions caused your injuries.
To protect your rights, gather strong evidence, avoid recorded statements, and hire an experienced personal injury lawyer.
Table: Effective Strategies to Counter Insurance Tactics
Strategy | Action | Why It Works |
---|---|---|
Document Evidence | Collect photos, police reports, and witness statements. | Strengthens your claim with undeniable proof. |
Avoid Recorded Statements | Decline to provide detailed statements until consulting with an attorney. | Prevents adjusters from twisting your words. |
Work with a Lawyer | Hire an experienced attorney to handle negotiations and legal paperwork. | Ensures fair treatment and maximized settlements. |
Insurers cannot deny claims without valid reasons, but ambiguous policy terms or insufficient evidence can lead to denials.
Insurance companies sometimes misrepresent policy terms or use vague language to justify denials. For instance, they may claim you didn’t meet a filing deadline or suggest your injuries were pre-existing. This is why keeping thorough documentation, including medical reports and correspondence, is crucial to challenging unfair denials.
Pro Tip: If your claim is denied unfairly, consult an attorney to appeal and potentially file a bad-faith claim.
Under New Jersey’s comparative negligence law, compensation is reduced by your percentage of fault, with recovery barred if you’re over 50% at fault.
Example:
This law ensures fair accountability while allowing partial recovery.
Insurance claims may be delayed due to incomplete medical records, liability disputes, and prolonged negotiations.
Insurance companies often delay settlements by requesting additional documentation, disputing fault, or claiming a lack of complete medical treatment records. These tactics can frustrate claimants, but persistence and legal representation can keep the process on track. Timely responses and organized evidence are key to minimizing delays.
Insurance companies may act in bad faith by unfairly denying claims, delaying payouts, or misrepresenting policy terms to reduce compensation.
Common signs of bad faith include:
If you believe your insurer is acting in bad faith:
Avoid these mistakes to streamline your claim:
Understanding insurance tactics is essential, but legal expertise can level the playing field. In the next chapter, we’ll explore how a lawyer can support your claim and maximize your settlement.
A car accident can leave you overwhelmed with medical bills, insurance negotiations, and legal complexities. Understanding the vital role a lawyer plays in protecting your rights and maximizing your compensation can make a significant difference. Below, we delve into how a New Jersey car accident lawyer can assist you every step of the way.
A lawyer helps by navigating legal processes, protecting your rights, and maximizing your compensation in car accident cases. They handle all aspects of your claim, from gathering evidence to negotiating with insurers or representing you in court, ensuring you can focus on recovery.
With decades of experience representing car accident victims in New Jersey, Mattiacci Law has a proven track record of securing substantial settlements and verdicts for our clients. This chapter will explore the specific ways a lawyer can support your case and why hiring an attorney can significantly improve your outcome.
Legal representation is vital because New Jersey’s car accident laws, such as comparative negligence and no-fault insurance rules, can complicate claims. A lawyer ensures your rights are protected and helps overcome challenges like:
The following table summarizes the primary roles a lawyer plays during your car accident case:
Responsibility | What It Involves |
---|---|
Evidence Collection | Gathering police reports, medical records, and witness statements. |
Claim Preparation | Filing all necessary documents accurately and promptly. |
Damage Assessment | Evaluating the full scope of economic and non-economic damages. |
Negotiation | Engaging with insurance companies to secure a fair settlement. |
Litigation | Representing you in court if a settlement cannot be reached. |
Hiring a local car accident lawyer offers benefits such as familiarity with New Jersey laws, local court procedures, and connections with area experts. This local expertise allows your lawyer to efficiently navigate your case and anticipate challenges specific to the state.
Key advantages include:
Selecting the right attorney is critical to your case’s success. Consider asking:
Not every car accident requires legal representation. Minor accidents with minimal damages may be resolved without a lawyer. However, consult an attorney if:
Lawyers prove non-economic damages like pain and suffering through medical records, expert testimony, and personal impact statements. These damages require compelling evidence since they do not have a direct monetary value.
Strategies to demonstrate non-economic damages:
Understanding the role of a lawyer is essential, but knowing when to seek legal assistance and how to choose the right attorney can make all the difference. In Chapter 10, we’ll explore the courtroom process in New Jersey car accident cases, guiding you through what to expect if your case goes to trial.
Insurance coverage plays a critical role in determining the outcome of car accident settlements in New Jersey. Understanding how policies, coverage limits, and state laws interact can help you approach the claims process more effectively.
Insurance coverage plays a crucial role in determining car accident settlements in New Jersey. The amount of compensation you can receive often depends on the at-fault driver’s liability limits, your own insurance policy, and the state’s unique no-fault laws. Understanding how these factors work is essential for securing the maximum compensation.
With the state’s Personal Injury Protection (PIP) coverage requirements and optional add-ons like uninsured/underinsured motorist coverage, navigating the settlement process requires careful consideration. Let’s break down how insurance policies impact settlements.
Personal Injury Protection (PIP) is mandatory in New Jersey and provides immediate medical expense coverage after an accident, regardless of fault.
Feature | Details |
---|---|
Coverage | Medical bills, lost wages, and essential services |
Limits | Varies by policy, often ranging from $15,000 to $250,000 |
No-Fault Rule | Covers your expenses regardless of who caused the accident |
PIP ensures you receive prompt medical attention without waiting for fault to be determined. However, it does not cover pain and suffering, which is often pursued through a lawsuit.
Uninsured/underinsured motorist coverage protects you when the at-fault driver lacks adequate insurance to cover your losses.
This optional policy add-on can be invaluable, especially in severe accidents with high damages.
If the at-fault driver’s liability limits are too low to cover your damages, your claim may exceed their coverage. In this case:
New Jersey follows comparative negligence laws, which reduce compensation based on your percentage of fault.
It’s essential to work with an attorney to ensure fault is accurately assessed and minimize reductions to your claim.
Proper documentation of insurance policies and related paperwork is crucial for a successful car accident claim in New Jersey. Essential insurance documents include your insurance policy declaration page, PIP claim forms, correspondence with the insurance company, and any written statements from adjusters. These records provide clarity on coverage limits, policy terms, and settlement negotiations.
Maintaining organized records ensures a smoother claims process and provides the foundation for negotiations or litigation, if necessary.
Understanding how insurance policies affect your settlement is critical, but successfully navigating these systems requires expertise. In the next chapter, we’ll explore how to document and build a strong case to maximize your compensation.
Settlement negotiations are a critical stage in resolving a car accident claim, where both parties aim to reach a fair agreement without going to trial. Understanding how the process unfolds and what to expect can significantly influence the outcome. This chapter delves into the mechanics of settlement discussions, strategies for success, and the role your attorney plays in securing maximum compensation.
Settlement negotiations involve discussions between your attorney and the at-fault party’s insurance company to reach an agreement on fair compensation for your damages. This process typically includes presenting evidence, calculating damages, and countering offers until both parties agree on a settlement amount.
With decades of experience in New Jersey personal injury law, Mattiacci Law has successfully navigated numerous settlement negotiations to achieve favorable outcomes for our clients. This chapter outlines what to expect during settlement discussions and strategies to improve your chances of securing a just settlement.
Here’s a step-by-step overview of how settlement negotiations typically proceed:
Several key factors influence the success of settlement negotiations:
Factor | Impact on Settlement |
---|---|
Strength of Evidence | Comprehensive evidence supports your claim and increases leverage. |
Severity of Injuries | Severe injuries often result in higher compensation. |
Policy Limits | Insurance coverage caps may limit the total settlement amount. |
Attorney Experience | Skilled negotiators can maximize your compensation potential. |
Insurance adjusters evaluate settlement offers by analyzing the severity of injuries, available evidence, and the potential liability of their insured party. Adjusters use formulas, policy limits, and case precedents to calculate compensation, often aiming to minimize payouts.
Understanding how insurance adjusters calculate settlements can give you an advantage in negotiations. Key factors they consider include:
Evaluation Criteria | Adjuster’s Focus |
---|---|
Injury Severity | The extent of medical treatment, recovery time, and long-term effects on your life. |
Documentation Quality | Thoroughness of evidence, including medical records and accident scene photos. |
Fault Determination | Whether liability is clear or disputed, based on evidence like police reports. |
Policy Coverage | The limits of the at-fault party’s insurance policy. |
Precedent Cases | Outcomes of similar cases in the area influence their valuation of your claim. |
Yes, you can decline a settlement offer if it does not adequately compensate for your damages. Rejecting an initial offer often leads to more thorough negotiations and potentially higher compensation.
Your attorney will guide you through the process, ensuring you understand whether accepting or rejecting an offer aligns with your best interests.
Insurance companies often undervalue claims, but you can counteract these tactics by:
Here are actionable steps to improve your chances of a favorable settlement:
If settlement negotiations fail to produce a satisfactory outcome, your case may proceed to trial. The following chapter will discuss the litigation process, including court procedures, timelines, and what to expect when presenting your case before a judge or jury.
When a car accident claim cannot be resolved through settlement negotiations, the case may proceed to trial. This phase is often intimidating for claimants, but understanding the process can provide clarity and confidence. Trials are a structured opportunity to present your case and seek the compensation you deserve.
When settlement negotiations fail, your car accident case may proceed to trial, where a judge or jury decides the outcome based on presented evidence. During a trial, both parties present arguments, witnesses testify, and the court determines liability and compensation.
Trials can be complex and require a detailed presentation of evidence to support your claim. An experienced attorney ensures your case is compelling and adheres to courtroom procedures, giving you the best chance of securing compensation.
Understanding the trial process helps prepare you for what lies ahead. Below are the key stages involved:
Trial Stage | Description |
---|---|
Jury Selection | Jurors are selected to ensure a fair and unbiased trial. |
Opening Statements | Both parties outline their case and what they aim to prove. |
Presentation of Evidence | Witnesses, documents, and expert testimony are presented to support claims. |
Cross-Examination | Attorneys challenge the credibility of opposing witnesses. |
Closing Arguments | Each side summarizes their case and requests a favorable judgment. |
Jury Deliberation | The jury evaluates the evidence and reaches a verdict on liability and damages. |
Your lawyer will guide you through each step, ensuring all legal requirements are met and your rights are protected.
Preparation is essential to a successful trial outcome. Here’s how to make your case as strong as possible:
At the end of the trial, the court delivers a verdict. Possible outcomes include:
While trials offer a chance for higher compensation, they also come with risks. Weigh the following factors:
Your attorney will help you evaluate whether pursuing a trial is the best course of action based on your unique circumstances.
Proceeding to trial requires meticulous preparation and expert legal guidance. With a skilled attorney by your side, you can confidently face the courtroom and pursue justice for your injuries. Let’s explore how professional legal representation can make all the difference in your case.
If you’ve been injured in a car accident in New Jersey, you don’t have to face the challenges of seeking compensation alone. At Mattiacci Law, we are dedicated to fighting for the justice and financial recovery you deserve. With decades of experience and a proven track record of success, our team understands the complexities of personal injury cases and how to maximize your settlement or court award.
Call us today at (856) 219-2481 for a free, no-obligation consultation. Let us evaluate your case, answer your questions, and provide personalized guidance on the best path forward. Time is critical in personal injury cases, so don’t delay—take the first step toward securing the compensation you need to rebuild your life.
DISCLAIMER: Personal injury lawyer John A. Mattiacci, Jr. is an attorney at Mattiacci Law, LLC, which practices in PA & NJ. John and the firm only provide legal advice to clients after having entered into an attorney-client relationship. Our website does not create an attorney-client relationship. The description of awards and cases previously handled do not guarantee a similar outcome in current or future cases as every case is different. This website is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship. Super Lawyers, Rising Stars, Martindale-Hubbell, AVVO, and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.
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