How is overtime pay handled in Texas?

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Midland, TX – Many different types of workers are eligible to receive overtime pay for working in excess of forty hours per week. The standard pay rate for overtime is one and one half times the employee’s standard rate. However, this can be a large expense for workplaces who have workers that routinely work long hours. Because of this problem, there is potential for abuse by employers who are looking to save money even though wage theft is illegal. Legal assistance is recommended for anyone who is experiencing issues or disputes due to their overtime pay.  

The definition of a work week

The concept of a week is important because overtime applies once the worker has logged more than forty hours in a week. However, there needs to be consistency in the definition of a week for employees to be paid accurately. 

The law allows for some small variability in how a week is classified depending on the particular employer and the days the employee works. However, the Texas Payday Law says that a week must include seven consecutive days. This means that a week does not need to start and end on a weekend, but it cannot be stretched out to include more than seven days, which would possibly eliminate some overtime hours. Any worker who has questions about how their workplace defines a week can ask their employer and ensure that there is compliance with the seven day period. The worker should also check their pay statements to ensure that there is no missing overtime if they have worked in excess of forty hours in that seven day period.  

The Fair Labor Standards Act

Texas chooses to follow federal regulations set out in the Fair Labor Standards Act for many issues related to pay. This means that wage laws in Texas tend to follow federal guidelines, with few differences. This includes rules for minimum wage, overtime, and paid time off or comp time. However, there are various exceptions that should be researched depending on the employee’s line of work. For example, certain seasonal and agricultural workers or professionals are generally not entitled to overtime under the FLSA. 

Different methods of calculating overtime

The Texas Workforce Commission allows for certain workers with irregular hours to have their overtime calculated in different ways. This can include dividing the worker’s salary by forty, then giving additional pay for the excess time worked. Anyone who needs specific help with determining how their employer uses this process should contact their payroll or human resources department, and retain a lawyer if necessary. 

Help from a local firm in Midland

Moore and Associates is a firm that handles unpaid wages and other labor issues in the Midland area. Potential clients can schedule a meeting to discuss their situation with a local attorney and determine whether a lawsuit is necessary. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How can a couple in New York make an agreement for an uncontested divorce?

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Brooklyn, NY – One of the best ways for a couple living in New York to end their marriage while saving time and money is to agree to most of the crucial matters regarding their divorce. This is called an uncontested divorce, and it means that the couple will not have to spend much time in court or in various forms of mediation because they have already decided on most of the large issues related to their separation. Courts in New York will allow these couples to file their agreement and end their marriage with relative ease as long as they meet some other requirements. 

Who can get an uncontested divorce?

Many couples who have decided to separate, meet the state’s residency requirements, and can come to terms on certain issues related to property division, alimony, and support payments can create a contract and end their marriage quickly. The process becomes slightly more complicated if there are minor children involved, but couples with children are still eligible for an uncontested divorce. Both child custody plans and support payment issues can be listed in the document. 

The New York Courts official website contains more information about this process and the required paperwork. It is recommended that any couple fills out these documents with professional legal help. 

What is included in the agreement? 

The formal documentation package for an uncontested divorce contains notices, summons, and orders that are included along with the filing of the agreement. These all need to be brought to a county clerk when completed. 

The agreement itself needs to cover all of the important aspects of a divorce case. There needs to be separate sections that list out property issues, children and child support issues, custody agreements, and spousal support if applicable. Individual couples may have certain other issues that need to be written into the documents depending on their personal situation. 

Reasons for ending the marriage

Marriages that are terminated through the process of a separation agreement are generally considered no fault divorces. This means that the couple can divorce for any reason, and there only needs to be a sentiment that the marriage has broken down and has no prospect of being fixed. With a no fault divorce, there does not need to be any specific allegations of adultery, abandonment, imprisonment, mental incapacity, or the traditional fault based grounds that are available in New York. 

Divorce lawyers in Brooklyn

Elliot Green Law Offices assists people in Brooklyn and other nearby parts of New York with their divorces and family law issues. Any person who is going through these issues can contact the firm to get professional advice and representation throughout their case. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

What happens when a defective vehicle causes an accident in Iowa City?

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Iowa City, IA – There are occasionally problems with cars that can become very serious if there is a sudden malfunction or defective parts that cause issues while a person is driving. From a legal standpoint, the companies that are involved with the manufacturing process can be liable, and they may issue a recall to prevent similar incidents from happening again. Anyone who was injured due to their mistakes or an improper design can file a products liability lawsuit. These are similar to other types of personal injury cases, but there are some important differences. 

Products liability law

As a general rule, companies that produce various kinds of products and release them into the stream of commerce are responsible for them to function as intended without causing injuries. In most cases, the business will be considered to either be strictly liable for not ensuring that their products were safe before releasing them, but the business may also be sued under a negligence theory. Because of this potential for losses, major car manufacturers routinely issue recalls as soon as problems are discovered to prevent additional accidents, injuries, and lawsuits.  

Types of defects

There are a few general types of problems recognized in products liability lawsuits. A defective design is when a product was created and designed in a manner that will cause problems such as injury or death, even when used for its intended purposes. This is because the company that created and designed the product did not conduct enough safety testing or other forms of research that would have discovered the problem before consumers were harmed. 

A manufacturing defect is due to some kind of mistake with one item or unit that caused it to be released in an unsafe condition. At times, there may be various companies in the manufacturing process of chain of custody that can be liable for their role in overlooking the problem. 

Damages for victims

As in other kinds of civil lawsuits, the victim can be compensated for any losses that are directly tied to the defective product and the negligence of the manufacturer. Damages generally include things like the costs of property repairs, medical treatment, lost wages, and non-economic losses tied to pain and suffering. If there are also projected future losses due to the victim’s inability to work or needs for additional healthcare, these become part of damages as well. 

Assistance from local personal injury firms

Eells and Tronvold Law Offices is a trusted firm that focuses on accident lawsuits in the Iowa City area. When someone needs help from a local attorney, the firm is available to schedule a meeting and discuss the process of representation.  

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

Police Brutality In Michigan: Can I Get Compensation For Being Injured By A Cop?

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Thanks to the power of mass media, the US and the world at large have become well aware of police brutality – perhaps more so than ever before. That being said, it’s probably not realistic to get rid of this issue completely, as police officers are human like the rest of us and are subject to human error. 

 

However, there is an easy first step you can take toward law enforcement reform: know your rights. Police officers must operate under the law when they do their job, and they may never deprive a citizen of their rights that have been granted under the United States constitution. 

 

Were you injured by a police officer in Traverse City, Michigan? If so, you may be entitled to compensation under the law. Get in touch with Neumann Law Group. With a team of seasoned personal injury lawyers at your side, you can approach this situation with dignity and efficiency. Call today, and we can hold police officers accountable for what they have done.  

 

Is it hard to sue the police in Michigan? 

 

As a government body, the police department has a virtually endless amount of time and money to battle each and every lawsuit that comes their way. On top of that, police officers by default are granted “qualified immunity,” which means they have certain unique privileges over the average citizen to help them uphold the law. For example, a regular citizen cannot walk up to someone else, pin them on the ground, and put them in handcuffs. Police however are granted this privilege, as well as the right to use weapons and violence – as long as it is reasonably necessary to apprehend a suspect. This means that police will always argue that whatever force they used on a suspect was justified based on the circumstance. 

 

What are the laws on police brutality? 

 

The 4th Amendment of the constitution prohibits unreasonable searches and seizures, the 5th Amendment ensures due process, while the 8th Amendment prohibits “cruel and unusual punishment.” 

 

“Cruel and unusual punishment” is of course subjective based on the circumstances of the incident, and this is why an experienced police brutality lawyer is important to have on your side. 

 

How much compensation am I entitled to? 

 

This depends entirely on the severity of your damages and the circumstance of your case. Something like a false arrest usually yields a few thousand dollars in damages, while a serious personal injury from police brutality can end up being seven or eight-figure lawsuits. 

 

Were you injured by a police officer who stepped outside their legal boundaries? 

 

Connect with Neumann Law Group today. As a client for personal injury veterans like them, you can expect them to get the best possible results. 

 

Neumann Law Group

Traverse City

300 E Front St #445

Traverse City, MI 49684

What is the process to sue a police department in California?

Sexual Harassment New Mexico: When to Call An Attorney

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In March of 2020, New Mexican legislators in Albuquerque signed HB 21, a new law that prohibits employers from forcing employees into signing non-disclosure agreements (NDAs). The bill states that:

 

“A private employer shall not, as a term of employment, require an employee to sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment, discrimination or retaliation in the workplace brought by the employee…” 

 

In the past, employers were able to force their workers into NDAs which meant that in the event of being sexually harassed, they wouldn’t be able to say anything to anyone about it, let alone file a lawsuit or complaint. Considering that coming forward about sexual harassment is already difficult as it is, with the vast majority of incidents going unreported, having an NDA in place makes it virtually impossible for a victim to get justice. 

 

 With HB 21 in effect, new doorways open up for those who have been harassed at work. Additionally, victims are protected by multiple laws prohibiting sexual harassment. 

 

Were you sexually harassed at work? You may be entitled to compensation. Get in touch with a qualified New Mexico attorney today to see what your options are. Even if you’re not sure about whether or not you have a case, an experienced lawyer can usually assess your situation and recommend the best course of action. 

 

What exactly is sexual harassment? 

 

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as: 

 

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical

conduct of a sexual nature when:

  •  Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual’s employment, or

  • Submission to or rejection of such conduct by an individual is used as a basis

for employment decisions affecting such individual, or

  • Such conduct has the purpose or effect of unreasonably interfering with an

individual’s work performance or creating an intimidating, hostile, or

offensive working environment.

 

If these terms are confusing, we can think of sexual harassment as two main different things: 

 

  • Quid pro quo: this is when someone in a company or organization tries to reward someone lower than them for sex. For example, an office manager telling an intern that he’ll promote her if she sleeps with him. 
  • Hostile work environment: This encompasses any sort of misconduct or behavior that puts the victim in a “hostile work environment.” Some examples are: Unwanted touching or sexual advances, rude or lewd comments, unsolicited nude or sexual photos, spying, or stalking. 

 

Did you experience either of these two scenarios? 

 

If so, you may be entitled to compensation. To begin the legal process of a sexual harassment lawsuit, victims first have to file a claim with the EEOC to obtain a “right to sue.” To get help with this process, contact your local New Mexico sexual harassment lawyer. 

What are the legal rights of a parent whose baby was injured by a defective product in Florida?

What are the legal rights of a parent whose baby was injured by a defective product in Florida?

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Daytona Beach, FL—Product manufacturers, especially those that supply items intended for babies are required to meet certain standards to ensure the product is safe for use. If a product manufacturer allows a defective product or one with a flaw in its design to make it onto the market for consumers to purchase and an infant or toddler gets injured, the company may be liable for providing the family with compensation.

When an infant or toddler suffers an injury that was caused by a defective item, a parent may be able to file a product liability lawsuit against the maker of the product. Filing a lawsuit may allow them to recover compensation for their child’s pain and suffering, medical expenses, and any other losses they may have incurred as a result of the incident.

Of course, a parent will be required to prove that the product was defective or contained a flaw in its design and that is what caused their child to suffer injuries. Those who are unsure of how to do this or would like assistance can retain a Daytona Beach, FL personal injury attorney to help them.

 

Examples of Defective Baby Products

 

There are many products that make it onto the market that are unsafe for infants and toddlers to use. Unfortunately, it is common for consumers to only learn of the dangers associated with using the product after an accident occurs and someone gets hurt as some companies fail to disclose this information.

Some examples of defective baby products that have been sold and either were or are being recalled include:

  1. Infant bath seat. According to the U.S. Consumer Product Safety Commission (CPSC), a recall was issued for an infant bath seat that failed “to meet the federal safety standard for infant bath seats, including requirements for stability.” The CPSC stated that the seat could potentially tip over while an infant was bathing which posed as a drowning hazard.
  2. Inclined infant sleep products. Between January 2005 through June 2019, CPSC says it received reports that indicated 1,108 incidents had occurred involving inclined infant sleep products. It also stated that 73 infant deaths were recorded. According to the agency, sleepers with “higher angles do not provide a safe sleep environment for infants.”

 

Timeline to Sue a Product Manufacturer in Florida

 

A parent whose child was injured by a defective or dangerous product generally has four years to file a lawsuit against the product’s manufacturer.1 This means that even if the child suffered an injury months ago, their parent may still have the grounds to come forward with their lawsuit.

 

Pappas and Russell, P.A. Can Help a Parent Get Their Product Liability Lawsuit Filed

 

If a manufacturer knowingly sold a defective product or failed to warn consumers of one or more dangers associated with using their product and a child suffered serious or fatal injuries, Pappas and Russell, P.A. can determine if their parent has the grounds to sue. The Daytona Beach, FL personal injury attorneys at Pappas and Russell, P.A. will evaluate a parent’s case, determine what it is worth, and will help them fight for a fair and favorable outcome.

 

Pappas and Russell, P.A. is located at:

 

213 Silver Beach Avenue

Daytona Beach, FL 32118

Phone: 386-254-2941

Website: www.pappasrussell.com

 

Source:

  1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
Common Hazards Restaurant Workers Are Exposed To

Common Hazards Restaurant Workers Are Exposed To

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Miami, FL—Working in the restaurant industry can be rather challenging. Workers are not only required to spend countless hours on their feet, walking back and forth tending to guests, but they are also exposed to plenty of hazards that could potentially cause them to suffer injuries and illnesses. According to the Occupational Safety and Health Administration (OSHA), there are three groups of workplace hazards restaurant workers are exposed to. These include:

 

Safety Hazards

According to OSHA, safety hazards are those that cause “immediate accidents and injuries.” Slippery floors, sharp utensils, and ovens are just a few hazards that could cause an employee to suffer an injury at work. If a restaurant employee slipped and fell at work or suffered an injury while handling a sharp knife, they may be entitled to recover workers’ compensation benefits.

Most employers in the State of Florida are required to carry workers’ compensation insurance and provide coverage to most if not all employees. Of course, there are some individuals who may be exempt from receiving benefits, and an individual’s employer should be able to determine if they are or are not eligible to receive them.

Important: If an employee has been informed that they aren’t covered by their employer’s workers’ comp insurance, yet they believe they should receive benefits, they can contact a Miami, FL workers’ compensation lawyer to find out if they are being provided with accurate information.

 

Ergonomic Hazards

Repetitive tasks and heavy lifting are two examples of ergonomic hazards. Individuals who engage in heavy lifting or perform the same task on a continual basis are at risk of suffering a sprain or strain. Those who do strain or sprain one or more areas of their body while working in a restaurant might also be entitled to recover workers’ compensation benefits.

Workers’ compensation insurance will generally cover the cost of medical care needed to treat the injury or condition and it will even provide a worker with wage replacement benefits if their doctor says they cannot work and they missed more than seven days.

 

Other Health Hazards

Chemicals, stress, and heat are examples of health hazards restaurant workers may also be exposed to according to OSHA.

 

Reporting a Work-Related Injury

 

If an individual suffered a work-related injury while working in a restaurant in Miami, they should report the incident to their employer as soon as possible. Their employer should then document the accident and contact their insurer so that a claim can be opened. The severity of the injury will play a large role in determining what type of benefits the injured worker can collect (e.g. permanent disability benefits, temporary disability benefits, etc.).

 

Mario Trespalacios P.A. Can Help With The Workers’ Compensation Claims Process

 

If an injured restaurant employee in Miami is having a hard time obtaining workers’ compensation benefits or they have a question regarding the benefits they are currently receiving, a Miami, FL workers’ compensation lawyer would be happy to address their concerns. Mario Trespalacios P.A. is a workers’ compensation law firm located in Miami that assists injured workers with recovering the benefits they are entitled to as well as helping them resolve any issues they may encounter.

Mario Trespalacios P.A. offers free consultations and can be reached at 305-261-5800.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

How much does workers’ compensation pay in death benefits in Florida?

How much does workers’ compensation pay in death benefits in Florida?

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Miami, FL—Workers’ compensation insurance will generally provide an individual who suffered an injury or illness from working with medical and wage replacement benefits. This allows an injured worker to obtain the medical treatment they need to get better or reach a point of Maximum Medical Improvement (MMI) without having to pay for care themselves. In addition, an injured worker may also be entitled to collect a percentage of their wages so they can take the time they need to heal at home.

In most cases, wage replacement benefits are only paid to an injured or ill worker who missed more than seven days of work and has been informed by their doctor that their condition prevents them from returning to work.

 

When a Work-Related Injury or Illness Causes a Worker’s Death

 

In the event a worker in Miami suffers fatal injuries as a result of an accident or they pass away within one year after the incident occurred, certain dependents of theirs may be entitled to collect death benefits. Family members might also be eligible to collect death benefits if the worker passed away within five years after the accident if they suffered a disability.

 

Benefits Available to the Decedent’s Family

 

After an individual passes away as a result of a work-related accident, their family may be provided with up to $7,500 to cover their loved one’s funeral expenses. Florida Statute § 440.16 states that the employee’s employer is required to pay the funeral expenses within 14 days after receiving the bill. If a family member is experiencing an issue with collecting what they are due to cover these costs, they can always contact a Miami, FL workers’ compensation attorney for legal assistance.

In addition to being provided with compensation to cover some or all of the decedent’s funeral expenses, certain dependents might also be entitled to collect up to $150,000 in death benefits.

 

How does a dependent know if they are entitled to receive the full $150,000?

 

If a family member of a deceased worker would like to find out if they are entitled to collect both the funeral benefits and the full $150,000, they are encouraged to contact Mario Trespalacios P.A. to receive a free case evaluation. There are certain factors that may come into play that will influence how much the dependent is entitled to collect.

The best way to find out if any factors would reduce the amount a dependent is eligible to receive, they should have a Miami, FL workers’ compensation attorney review their case. Mario Trespalacios P.A. has been in practice for more than 25 years and can be reached at 305-261-5800.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

What if a Miami, Florida police officer causes an individual to suffer an eye injury?

What if a Miami, Florida police officer causes an individual to suffer an eye injury?

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While some encounters with police officers are civil, others turn violent when a suspect refuses to comply with an officer’s commands or an officer oversteps their authority and applies excessive force. In the event a Miami police officer abused their power and caused an individual to suffer an eye injury, they or their department may be held financially liable for covering the cost associated with the care the individual needed to have rendered along with the other expenses they incurred.

 

Eye Injuries and their Symptoms

 

The eye is a very sensitive part of the body that can easily become injured with little contact. Depending on the type of incident that occurred, a person’s eye can become bruised, scratched, or punctured.1 Some common types of eye injuries include:

  1. Black eye. An individual might suffer a black eye after experiencing a blow to the face. The area around the eye becomes bruised and may even swell which can interfere with a person’s ability to see clearly, according to the Cleveland Clinic.
  2. Corneal abrasion. If the eye is hit with a foreign object or something like a fingernail, it can scratch the cornea.
  3. Orbital fractures. This is when the bones around the eye socket become fractured and is usually caused by “trauma or blunt force.” This can happen after an individual has been punched in the eye.
  4. Retinal detachment. Trauma to the eye can lead to retinal detachment. This can cause a person to experience permanent vision loss, according to the Cleveland Clinic.

 

Symptoms of an Eye Injury

 

Depending on the type of injury that was sustained, an individual might experience one or more of the following symptoms after suffering an eye injury:

  • Pain
  • Bruising
  • Redness
  • Changes in vision
  • Swelling
  • Changes in eye appearance
  • Inability to see
  • Permanent loss of vision

 

Steps to Take After Suffering an Eye Injury Caused by a Police Officer

 

If an individual suffered an eye injury during their recent encounter with a Miami police officer and they would like to gain a better understanding of their legal rights, they can contact Mario Trespalacios P.A. to speak with a Miami, FL personal injury lawyer. Although police officers have the authority to apply force, even deadly force, they are not authorized to apply excessive force.

Excessive force is any level of force that is deemed unreasonable. An officer who hits a suspect who poses no threat to them or the community and is complying with their commands would be guilty of applying excessive force.

If an individual would like to find out if they have the grounds to sue a police department and for how much, they can contact a Miami, FL personal injury attorney. Mario Trespalacios P.A. is a personal injury law firm located in Miami and offers free consultations.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

 

Source:

  1. https://my.clevelandclinic.org/health/diseases/16988-eye-injuries
Things Drivers Shouldn’t Do in the Days Following a Car Accident in Miami, Florida

Things Drivers Shouldn’t Do in the Days Following a Car Accident in Miami, Florida

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There are certain things drivers should do in the days following a car accident such as seek medical attention for any pain or discomfort they are experiencing and then there are things they should avoid doing. In this article, car crash victims will gain a better understanding of some of the things they should refrain from doing to ensure their right to compensation is protected.

 

Three Things Drivers Should Not Do After a Car Accident in Daytona Beach

 

  1. Provide a recorded statement to the insurance adjuster.

If it is clear that another driver was liable for causing an accident, their insurance company will likely reach out to the victim to gather details and find out how they are doing. Upon speaking with the insurance adjuster, a driver should avoid allowing the adjuster to take a recorded statement.

Recorded statements can sometimes be used against a driver and harm their chances of recovering the compensation they are due. Instead, of providing a recorded statement, admitting fault, or telling the adjuster they didn’t suffer injuries simply because they haven’t been evaluated by a doctor, they should consult with a Miami, FL personal injury attorney first.

 

  1. Admit fault.

Even if a driver thinks their actions may have contributed to the accident occurring, they shouldn’t rush to blame themselves. Until a Miami personal injury attorney has had time to conduct an investigation to determine how and why the accident occurred, it is best for a victim to refrain from blaming themselves for it. There are times when other factors such as defective tires, poor roadway conditions, driver fatigue, etc. play a role in causing an accident to occur, although they can sometimes be difficult to identify directly after an incident.

Therefore, a driver shouldn’t assume it was an error on their part that caused the entire accident.

 

  1. Avoid going to the doctor for minor pain.

Minor symptoms such as headaches, backaches, and even neck pain could be a sign of something serious. Rather than ignore the pain or treat it with over-the-counter medication, individuals are encouraged to seek medical attention to rule out any serious injuries. Concussions are one type of injury that often result in an individual experiencing headaches, nausea, and fatigue and if left untreated, the injury could lead to other serious conditions developing.

 

If a driver and/or their loved ones were involved in a car accident in Miami, FL and they want to be sure their right to compensation is protected, they can contact Mario Trespalacios P.A. for help. For over 25 years, Mario Trespalacios P.A. has been helping accident victims fight for the compensation they are due after being injured in an accident that wasn’t their fault, and currently offer free consultations to anyone who was recently involved in a wreck in Miami.

 

Mario Trespalacios P.A. can be contacted at:

 

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com