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Nov 30
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Distracted Driving Accident Claims In Oxnard, CA

By | Distracted Driving, Oxnard, CA | No Comments

Distracted driving remains a huge public safety problem in our communities. According to information from the Centers for Disease Control and Prevention (CDC), approximately 3,330 Americans are killed and another 365,000 are injured in distracted driving car accidents each and every year.

Victims of distracted driving accidents in Oxnard, CA are entitled to full financial compensation for their losses. Yet, unfortunately, proving that a distracted driver actually caused an accident is far more challenging than it might seem. The big insurance companies often work aggressively against victims, attempting to limit their financial recovery.

To ensure that their legal rights and financial interests are fully protected, distracted driving accident victims should always work with a qualified attorney. For immediate help with your personal injury case in Oxnard, CA please do not delay in contacting the Quirk Law Firm LLP today.

Distracted Driving Is Negligent Driving

California is a pure comparative fault jurisdiction. In essence, this means that parties will be held legally liable for a personal injury in direct proportion to their level of fault for causing that injury. Generally, in a California car accident case, the fault is established by proving negligence. Put another way, you can hold another driver (or their insurance company) liable for your injuries if you can prove that the other driver did something unsafe and that those unsafe actions played a role in causing your accident. Distracted driving is one of the most blatant forms of negligent driving. If you can prove that your accident was caused by another driver’s distraction, then you will be able to hold them liable for your crash.

How to Prove Distracted Driving

Of course, distracted driving is not always easy to prove. In many cases, the car accident victim may not even know that the other driving was texting or talking on the phone at the moment when the crash occurred. Sadly, in all too many cases, drivers will simply lie to responding police officers and insurance companies. These drivers will falsely claim that their attention was always on the road and that they were not affected by any distractions. This is one reason why an auto crash in Oxnard requires a vigorous investigation by a qualified injury attorney. A skilled attorney will be able to determine whether or not distracted driving played any role in your collision. Ultimately, the strong supporting evidence is the key to a successful legal claim. There are many different types of evidence that can help prove the distraction, including:

  • Accidental or intentional admissions by the other driver;
  • The crash report;
  • Police officer testimony;
  • Witness testimony;
  • Cell phone records;
  • Videos or photographs; and
  • Expert crash scene analysis.

Contact Our Car Accident Lawyer Today

At Quirk Law Firm LLP, our top-rated California car accident lawyer Trevor Quirk has extensive experience handling distracted driving accident claims. Mr. Quirk can help you recover the full and fair injury compensation that you deserve. If you were hurt in a crash with a distracted driver in Oxnard, CA, please contact our office today to set up your free legal consultation.

This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California93003
Phone: 805-650-7778

Jul 28
0

Announcing The 2017 First Generation & Foster Child Scholarship Winners

By | Uncategorized | No Comments

This year was another great year for our First Generation Scholarship. We received hundreds of submissions throughout the year. After multiple days of reviewing all applications, the Quirk Law Firm is pleased to announce the winners of the 2017 First Generation Scholarship.

The 2017 winners is:

Antonio Borjas
First Generation Scholarship

Antonio Borjas - 2017 Quirk Law Firm Scholarship Winner

Antonio is from Clovis, California and is planning on attending Grand Canyon University. We were very impressed with his application and wish him nothing but success.

We are still in the process of selecting the winner of the Foster Child Scholarship. This blog post will be updated with information about the winner once we finalize it.

We would like to thank all of the applicants who applied for either of our scholarships. We also want to wish both Antonio all the luck in the world as he continues improving his education at the college of his choice.

Apr 18
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slip and fall accident oxnard

The People’s Playbook For Slip & Fall Injuries In Oxnard, California

By | Oxnard, CA, Slip & Fall | No Comments

A slip and fall accident can happen almost anywhere in Oxnard, California, and it can result in serious injuries. When a slip and fall injury in Oxnard occurs, the injury victim may be able to file a premises liability lawsuit. Under California law, the owner (or renter) of premises is “under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.” If the person in control of the property fails to exercise such care and someone else gets hurt, then the property owner can be held accountable under a theory of negligence.

If you recently sustained a person injury in Oxnard as a result of a slip and fall accident, it is important to seek help from experienced Ventura County injury lawyer Trevor Quirk. Many slip and fall accident victims want to know more about the process of a premises liability claim in California. We would like to walk you through the steps of your lawsuit.

Initial Slip and Fall Accident: What Should You Do?

The initial slip and fall can be disorienting and painful. As we mentioned, slips, trips, and falls can happen almost anywhere. According to a fact sheet from the National Safety Council (NSC), the most common locations for slip and fall accidents include but are not limited to:

  • Areas prone to spills or wetness
  • Uneven surfaces
  • Doorways
  • Ramps
  • Cluttered hallways
  • Areas with heavy traffic
  • Unguarded heights
  • Unstable work surfaces
  • Ladders and
  • Stairs

If you do get hurt and are able to process the situation, it is important to gather evidence that you will be able to use in your personal injury lawsuit. Most significantly, you do the following:

  • Obtain witness information: did anyone see your slip and fall accident happen? Did anyone see the dangerous condition that caused the incident, such as a liquid spill or an area of uneven flooring? Be sure to obtain the name and contact information for anyone who can support your claim.
  • Take photographs: use your cell phone to take photographs at the scene. Be sure to take close-up pictures that clearly show the dangerous condition that caused your fall, as well as wider shots that show where the dangerous condition existed in related to the rest of the room or space.

Seeking Medical Attention For Your Slip & Fall Injury

After your slip and fall injury, it is extremely important to seek medical attention. Many of these injuries are very serious, and it will be necessary to have medical documentation when it comes time to file your lawsuit. According to a fact sheet from the National Floor Safety Institute (NFSI), slips and falls account for more than one million visits to emergency departments each year. Some of the most common injuries include but are not limited to:

  • Arm fractures
  • Wrist fractures
  • Leg fractures
  • Hip fractures
  • Spinal cord injury and other neck injuries
  • Traumatic brain injury and
  • Muscles sprains and strains

Your healthcare provider will assess your injuries and will discuss your treatment options with you. When you reach out to an Oxnard accident law firm, your attorney will want to ensure that you have medical records as evidence for your lawsuit.

Meeting With An Oxnard Injury Law Firm

Once you have obtained medical attention for your personal injury, it is extremely important to begin working with a premises liability lawyer in Ventura County. At Quirk Law Firm LLP, we can meet with you and answer any questions you have about filing a claim before getting started on your case. In California, a premises liability plaintiff must be able to prove the following essential factual elements in order to be successful:

  1. Defendant owned, leased, occupied, or otherwise controlled the property where the slip and fall accident occurred; and
  2. Defendant was negligent in using or maintaining the property; and
  3. Plaintiff got hurt; and
  4. Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

As we mentioned previously, a defendant can be negligent when she or he does not exercise a reasonable duty of care. Typically, a person in control of a property in Ventura County, whether she owns or is renting it, must take reasonable measures to ensure that dangerous conditions are not present. And if there are hazardous conditions that cannot immediately be cleaned up or remedied, the defendant has a duty to warn people on the property so that they do not get hurt.

Your Oxnard premises liability lawyer will be able to discuss your options for proving these elements and filing a successful claim against the property owner where your accident happened. Whether you settle your claim or take it to court, your lawyer will advocate for your right to compensation.

Final Steps: Obtaining Compensation In Oxnard

If a plaintiff’s premises liability claim is successful, then his or her case will end happily. The defendant’s negligence will result in the defendant providing damages to the plaintiff. Generally speaking, slip and fall plaintiffs can be eligible to receive two types of compensatory damages, both designed to compensate for losses:

  1. Economic damages, which compensate for objective economic losses (such as that initial visit to the emergency room and subsequent medical treatment); and
  2. Non-economic damages, which compensate for subjective losses (like pain and suffering).

Contact a Ventura County Premises Liability Attorney

Did you get hurt in a slip and fall accident in Oxnard? An experienced premises liability attorney in Ventura County can assist with your case. Contact Quirk Law Firm LLP today to get started on your claim.

This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California93003
Phone: 805-650-7778

Mar 28
0

Can I File A Clam If I Was Injured While Attending A Professional Sporting Event?

By | Injured At Sporting Event, Premises Liability | No Comments

When you attend a sporting event, the last thing on your mind is the risk of injury. Unfortunately, injuries sustained at sporting events affect dozens of people every year, with injuries occurring as a result of everything from foul balls to rowdy fans to facility defects.

If you have been injured while attending a professional sporting event, you may be able to file a claim against the at-fault party. However, it’s important that you understand a few key elements first, which may affect your ability to recover damages. If you have questions or want answers specifically related to your case, don’t hesitate to contact the Ventura County personal injury law firm of the Quirk Law Firm, LLP.

Assumption of Risk & Waivers

When you attend a pro sporting event, you are assuming a certain level of risk. For example, if you attend a baseball game, a fly ball that is hit into the stand isn’t common, but it does happen. When you attend that game, you are knowingly choosing to go to the game despite the fact that the risk – which you should also know about – exists. As such, if you are harmed in an accident during an activity that you could have foreseen and yet choose to partake in regardless, the defense may argue that you assumed risk, and therefore the defendant cannot be held liable.

In fact, in some cases, a waiver of liability may even be printed on your ticket (you should always look at your tickets before attending a game). This waiver may state that you are waiving all rights to file a lawsuit for injuries that are incurred during the event.

Premises Liability – A Whole Different Ballgame

While you may be assuming the risk of being hit by a foul ball when attending a baseball game, you may not have any idea that the escalator at the game you’re attending is defective, and that it will result in your fall accident that leads to serious injuries. When a part of the premises that you’re on is not maintained to a reasonably safe standard and a hazard or defect exists that the property owner should have remedied, and when this hazard causes an injury, you may be able to file a negligence-based premises liability claim against the owner of the property.

What About Injuries from Rowdy Fans?

If a rowdy fan assaults you, you may be able to pursue a personal injury claim against that party depending upon the circumstances. If you participated in or encourage the assault, you may be found partially negligent for your injuries, and your damages will be reduced as such.

How We Can Help

At the Quirk Law Firm, LLC, Ventura personal injury attorney Trevor Quirk and team care about you. If you are injured at a professional sporting event, we will thoroughly review your claim to determine whether or not you have a case and how much your claim may be worth. Contact us today for a free case review.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Mar 14
0

How We Can Help People Involved in Public Transportation Accidents

By | Automobile Accidents, Car Accidents, Pedestrian Accidents, Public Transportation Accidents | No Comments

Injury attorney Trevor Quirk has recovered millions of dollars for his clients against public entities. He recently recovered 1.6 million dollars for a client who slipped and fell at a public school and 3.5 million dollars from a public entity on his clients’ behalf.

Being injured in an auto accident involving a type of public transportation can raise questions about liability and getting paid for damages. If you have been involved in this type of accident in Ventura County, our experienced public transportation accident lawyers at the Quirk Law Firm, LLP want to meet with you. Here’s how we can help you if you have been involved in a public transportation accident–

Investigating the Accident

We investigate the cause of a public transportation accident to determine who should be held liable for the accident and exactly what happened. This is true whether you were involved in a bus, train, taxi, limousine, trolley, cab accident, or an accident involving any other type of vehicle.

It is important that you contact us as soon as possible after your crash so that we can open the investigation while evidence is still intact. In addition to visiting the scene of the accident and gathering important data ourselves, we also hire experts, such as accident reconstruction experts, who can assist in building your claim.

Filing Your Claim

Filing a claim against a government entity after a public transportation accident, such as a city bus accident, has its challenges. For example, the time limit for filing your claim is different than it would be if you were filing a claim against a private party – when you file a claim against a public entity, you must do so with within six months from the date of your injury (see: How to File a Claim published by the state of California).

Negotiating Your Claim

It’s not just enough to make sure that your claim is filed on time and that you have the appropriate amount of evidence necessary to prove negligence and damages; you may also need to negotiate for a fair settlement amount. Claimants are not always offered the compensation that they deserve, in hopes that they will accept any offer that is made. Our Ventura personal injury law firm determines exactly how much your claim is worth and the extent of damages that you have suffered, and then advocates for you during the settlement process. If a settlement cannot be reached, we are prepared to take your claim to trial.

Contact Our Law Offices Today

Injury attorney Trevor Quirk knows how scary accidents can be. He also knows that filing a claim against a government entity after an accident involving public transportation can be intimidating. Throughout the entire process, he will competently guide you through how to file your claim and how to maximize your settlement amount. He has the experience and compassion for his clients that our claim deserves.

If you are injured in a public transportation accident in Ventura, Oxnard or any other surrounding area and want to learn more about your rights and options, please contact our law firm today. We are reachable online or by phone 805-650-7778, and a consultation with our lawyers is always free.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Feb 28
0

Can You Recover Punitive Damages In A Wrongful Death Claim

By | Wrongful Death | No Comments

There is nothing more shocking than losing a loved one in an accident caused by the wrongful act or neglect of another. Not only is death a very emotional occurrence to process, but it can also lead to a number of questions with elusive answers, including: What happens next?

While nothing can restore a loved one to you once they have passed, filing a wrongful death claim for damages can help your family recover the financial compensation that they need. One type of damages that may be recoverable in a wrongful death action are punitive damages, with certain exceptions.

Punitive Damages Are Not Typically Allowed in Wrongful Death Actions

Punitive damages, also called exemplary damages, are a type of damages in a civil suit that is intended to punish the defendant rather than compensate the plaintiff. In a standard personal injury action, these types of damages are permitted when the defendant committed the wrongful act out of malice, oppression, or fraud. However, in wrongful death actions, punitive damages are almost never recoverable. There are two exceptions to this:

  • Homicide based on a felony. The first exception to this rule is in the event that the death of the decedent was the result of a homicide for which the defendant has been convicted of a felony charge. For example, if a person was driving their vehicle while intoxicated and killed the decedent (on whose behalf the wrongful death action has been filed), and then pled guilty to a felony charge, the plaintiff could recover punitive damages. This is found in section 3294 of California Civil Code.
  • If the injured person did not die immediately. The second exception to the law which bars the recovery of punitive damages in a wrongful death action is in the case that a wrongful death survivorship action has been filed and the decedent did not die instantly after sustaining their fatal injuries. A survival action can only be brought when the decedent did not die immediately and allows for exemplary damages. Case law supports this – see Ford Motor Co. v. Superior Court (1981) 120 Cal.App.3d 748, 751.

Our Law Firm Is Here for You

Understanding what punitive damages are and when they are recoverable in a wrongful death action can be overwhelming, and when you are coping with the loss of your family member, the technicalities of the law are the last thing you need to worry about. When you hire our Ventura, California wrongful death and injury case attorneys at the Quirk Law Firm, we will support you and guide you through the entire civil process. Injury attorney Trevor Quirk will work hard for you and your family and improve your chances of recovering your maximum compensation amount in a wrongful death claim, including punitive damages when allowable.

To schedule your free consultation with Ventura wrongful death attorney Trevor Quirk today, call our law offices now: 805-650-7778. Our job is to provide you with the legal support you need during this difficult time.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Feb 14
0

What to Do if You Are Involved in a Parking Garage Auto Accident

By | Car Accidents, Parking Garage Accidents | No Comments

While the most tragic of accidents are often those that occur on major roads and highways when drivers are traveling at high speeds, accidents also occur in parking garages with frequency. While these accidents are often less severe than those that occur on roads, parking lot accidents can still cause damage to the vehicle and injuries. If you are involved in an auto accident in a parking garage in Ventura, California or surrounding areas, here’s what you need to do:

Gather Information About the Other Driver

You should ask the driver for all of their information, which you will need when filing an insurance claim. This includes the driver’s driver’s license number, vehicle registration information, insurance policy type and number, and the make and model of the car. You should also ask the driver for their name and contact information so that you can get in touch with them in the future.

Report the Accident to the Police

While parking garages are private property, you should still report the accident to the police, especially if damages are serious and absolutely if someone is injured in the event. A police report can serve as a valuable type of evidence when filing a claim at a later date.

Document What Happened

It is very important that you document as much as you can about the auto accident, including what happened, what you were doing at the time of the parking lot car wreck, and whether or not there were any witnesses to the accident. If there were witnesses, ask them for their names and contact information, and get a brief statement right then and there.

You should also record any immediate injuries that you suffer, as well as future injuries (i.e. pain that develops in a few days, an inability to lift your grocery bags because of pain, etc.).

Seek Medical Care

If you have been injured in the parking lot accident, you should seek medical care. Because cars are not often traveling at high speeds in parking garages, you may not have broken bones or sustained other obvious and acute injuries, but could have very well sustained a whiplash or other soft tissue injury type.

File a Claim and Contact an Attorney

If your vehicle is in need of repair, or if you have suffered injuries and need to be compensated, you should file a claim with the insurance company as soon as possible after the crash. While your insurance will likely cover some damages depending upon your policy type, California maintains an at-fault insurance system, which means that if the other driver was responsible for the accident, their insurance policy should pay for your losses.

If an insurance company denies your claim, if your injuries are severe, or if you feel that you have been offered less than you deserve, you should contact an experienced lawyer to represent you during the claims process. At the Quirk Law Firm, personal injury attorney Trevor Quirk will work diligently on your behalf to improve your chances of getting the compensation that you deserve. Contact us today for a free consultation: 805-650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Jan 03
0

How To Deal With Insurance Companies After An Auto Accident

By | Automobile Accidents, Car Accidents, Insurance Companies | No Comments

It is imperative that your report your car accident, truck accident, or motorcycle accident to your insurance company as soon as you can after being involved in an auto accident. As soon as you report your accident, your insurance adjuster will open an insurance claim, which will include asking you dozens of questions about the crash. Here are some tips for dealing with your insurance company after being involved in an auto accident.

Stick to the Facts and the Basics

Your insurance adjuster will ask you to provide an account of what happened. First, do not agree to give a recorded statement unless you are being represented by a Ventura auto injury law firm. Second, when you do provide your account of what happened, stick to the facts and the basics; do not provide details that your insurance adjuster does not need to know. Make sure you answer questions honestly, and never exaggerate or hyperbolize. If you do not know the answer to a question, simply say that you do not know rather than making up an answer.

Do Not Admit Fault

You should never admit fault when dealing with an insurance adjuster. This includes saying things such as, “This would have never happened if I wouldn’t have…” or, “I’m sorry…” or, “I feel terrible about…” Even if you did contribute to the accident, this is information that should only be shared with your personal injury attorney.

Be Prepared to Reject a First Settlement Offer

It can be tempting to accept an initial settlement offer; after all, who doesn’t want to get the money they are owed and wipe their hands of the settlement process? However, accepting a first settlement offer is rarely in your best interests, as most insurance adjusters offer less than your claim is really worth the first go around. Make sure you show the offer to your attorney, who can advise you prior to accepting it. In most cases, you will want to reject the offer and negotiate for a higher amount.

Remember that even if the offer doesn’t seem fair, you should still be polite. Getting angry or treating an insurance adjuster with disrespect is never a smart move.

Hire a Ventura Personal Injury Attorney

Hiring a trial attorney who is ready to take your case to court if a settlement cannot be reached after an accident involving a motor vehicle is a smart idea. At the Quirk Law Firm, LLP, attorney Trevor Quirk and our accident lawyers in Ventura are prepared to fight for you. To learn more about how we can represent you when dealing with an insurance adjuster, contact us today online for a free consultation.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Dec 12
0

Top 3 FAQs We Hear About Wrongful Death Accidents

By | Wrongful Death | No Comments

When a person dies due to the wrongful act of another, their surviving family members have the right to pursue compensation by filing a wrongful death claim. Wrongful death claims are similar to personal injury claims in that plaintiffs must prove negligence, causation, and damages in order to recover compensation. However, there are some stark differences between wrongful death and personal injury claims, too. If you have lost a loved one due to the negligence of another, here are some answers to frequently asked questions about wrongful death accidents that may be helpful to you–

Who Can File a Wrongful Death Claim?

Only certain parties are allowed to file a wrongful death claim after losing a loved one in California. Per Section 377.60 of California Code of Civil Procedure, these parties include the decedent’s:

  • Spouse or Domestic partner;
  • Children;
  • Parents of the Decedent;
  • Stepchildren;
  • Relatives who would be entitled to the property of the decedent per the state’s intestate succession laws; and
  • Dependents who relied upon the decedent at the time of their death;
  • Any minor who resided with the Decedent for 180 days prior to Decedent’s death;

What Damages Are Recoverable in a Wrongful Death Claim?

The specific amount of damages that an individual can recover in a wrongful death claim in Ventura is dependent upon the amount of losses beneficiaries have suffered. That being said, the types of damages that are recoverable include burial expenses, funeral expenses, medical bills prior to death, the value of the decedent’s lost wages and benefits, loss of love and community, loss of guidance and moral support, and loss of household services and punitive damages.

How Much Does a Wrongful Death Law Firm Cost to Hire?

Most people want to know how much a wrongful death claim will cost them to pursue before they take action. At the Quirk Law Firm, LLP, our Ventura accident attorneys work on a contingency fee basis, which means you never have to pay for services upfront. Instead, if your case is successful, we will be paid based on a percentage of your winnings. We also handle all upfront fees, like the costs of hiring experts, so that you never have to worry about whether or not you can afford a wrongful death claim.

If you have more questions, contact our Ventura accident attorney, Trevor Quirk, today. Our personal injury and trial attorneys at our wrongful death law firm care about you and will work hard on your behalf.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Nov 28
0

What To Do If You’re A Pedestrian Involved In A Hit & Run Accident

By | Hit & Run Accidents, Pedestrian Accidents | No Comments

If you are a pedestrian victim of a hit and run accident, we can help you. Unlike a traditional car accident or truck accident, hit and run accidents make it more difficult to recover compensation. If you are an injured pedestrian, the attorneys at our hit and run law firm located in Ventura can guide you through your recovery options. Here are some steps to take after your hit and run:

  1. Gather as Much Evidence as Possible

Gathering as much evidence as possible about the accident will be a critical part of recovering compensation you are owed. This is because in California, most pedestrian accident claims are paid by the liability insurance of the at-fault driver. However, if a driver flees the accident scene, we may still recover compensation for you.

You should talk to witnesses, and ask any nearby businesses or parties if they recorded the accident on video. Report the accident to the police and provide all information that you remember about the accident. Working with an injured pedestrian attorney and accident reconstruction experts may be helpful in gathering clues to track down the at-fault driver.

  1. Understand Options for Recovering Compensation for Your Injuries

After a hit and run accident, finding the at-fault driver may be a critical part of recovering the money that you need to pay for your injuries and losses. If the driver is found, you can file a claim with the driver’s insurance, or file a lawsuit directly against the driver. If the driver is not found, some alternative ways of recovering compensation might include:

  • Your car insurance policy;
  • Your family member’s car insurance policy;
  • Your homeowner’s insurance policy;
  • The premises owner’s liability insurance policy;
  • Your health insurance company; and
  • Workers’ compensation insurance if your accident occurred while on-the-job or performing work-related duties; and

Contact our Pedestrian Injury Lawyers at the Quirk Law Firm

Pedestrian accidents involving motor vehicles happen far more frequently than they should. If you are involved in an accident with a hit and run driver, our experienced injury lawyers at the Quirk Law Firm want to help you. Accident attorney Trevor Quirk knows what it takes to open an investigation into an accident and work with the appropriate parties to track down a negligent driver, and will diligently explore all option for recovering compensation for your losses. Contact us today for a free case consultation 805-650-7778 or [email protected].

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California93003

Phone: 805-650-7778