Services
As a litigator, Nick is responsible for managing all phases of litigation, including working with paralegals, other attorneys and in-house counsel in the development of case and trial strategy, drafting and responding to pleadings, written discovery, pre-trial motions, conducting depositions, interviewing witnesses, examining and preparing evidence used as exhibits in court, drafting and presenting pre-trial motions and representing the client during trial. Further, Nick routinely evaluates the value of a claim against the risks and costs associated with litigation in preparation of mediation and settlement conferences to resolve matters without the necessity of trial.
Appellate Law
When the verdict does not align with justice, Linholm & Associates can provide seasoned appellate law expertise.
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Why Choose Linholm & Associates for Appellate Law?
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Appellate Mastery: With a wealth of experience in appellate law, we have a deep understanding of the intricacies involved in appeals. Linholm & Associates will strategically craft and argue compelling appeals on your behalf.
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Legal Prowess: We excel in legal research, persuasive writing, and oral advocacy, essential components in building a strong appellate case. Linholm & Associates is your partner in presenting a compelling and persuasive appeal to higher courts.
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Case Review and Evaluation: Unsure if your case is eligible for appeal? Linholm & Associates offers comprehensive case reviews, evaluating the merits of your case to determine the viability of an appeal. We provide clear guidance on the best path forward.
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Strategic Counsel: Appeals require a strategic approach. Linholm & Associates collaborates closely with clients, developing tailored strategies to navigate the appellate process efficiently and effectively.
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Appellate Specialties:
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Civil Appeals: Whether it is a civil judgment or a complex legal issue, Linholm & Associates specializes in crafting persuasive appeals to rectify unjust outcomes.
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Administrative Appeals: Linholm & Associates provides skilled representation in administrative appeals, ensuring fair treatment in government proceedings.
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Ready to elevate your legal strategy and pursue justice through the appellate process? Schedule a consultation with Linholm & Associates today. We are committed to fighting for your rights on appeal.
Business Law
Navigating the intricate landscape of business law requires more than just legal ability—it requires a strategic ally who understands the complexities of commerce. Linholm & Associates is your dedicated partner in business law, seamlessly merging legal excellence with the success of your business.
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Why Choose Linholm & Associates for Business Law?
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Comprehensive Business Insight: At Linholm & Associates, we go beyond just understanding the law to gain insights into the intricacies of your business by providing strategic counsel that aligns with your goals and ambitions.
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Contracts and Agreements: Crafting airtight contracts and agreements is the backbone of a thriving business. Linholm & Associates excels in creating legally sound documents that protect your interests and promote successful business transactions.
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Entity Formation and Structuring: Whether you are launching a startup or restructuring your business, Linholm & Associates guides you through the complexities of entity formation, ensuring compliance and best structure for long-term success.
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Regulatory Compliance: Stay ahead of the regulatory curve with Linholm & Associates. We will keep you informed and ensure your business adheres to industry regulations, minimizing risks and fostering a compliant environment.
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Dispute Resolution: In case of disputes, Linholm & Associates is your advocate. W specialize in swift and effective dispute resolution, protecting your business interests and keeping healthy client relationships.
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Business Law Specialties:
Commercial Contracts: From negotiation to drafting, Linholm & Associates excels in creating contracts that safeguard your business interests and facilitate successful partnerships.
Corporate Governance: Ensure your business operates seamlessly with expert guidance on corporate governance practices from Linholm & Associates.
Business Litigation
When legal disputes threaten the vitality of your business, turn to Linholm & Associates, your partner in business litigation law. We specialize in navigating the complexities of commercial disputes, ensuring your business emerges stronger and more resilient.
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Why Choose Linholm & Associates for Business Litigation?
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Proven Record: Nick Linholm has successfully represented businesses in a diverse range of litigation cases, delivering favorable outcomes and protecting their interests.
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Strategic Legal Insight: Business litigation demands more than legal expertise—it requires strategic insight. We combine legal prowess with a deep understanding of business dynamics, offering comprehensive solutions tailored to your specific situation.
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Efficient Dispute Resolution: Time is of the essence in business litigation. Swift and efficient dispute resolution minimizes the impact on your business operations and bottom line.
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Collaborative Approach: We view our clients as partners in the litigation process. Linholm & Associates collaborates closely with you to understand your business objectives, tailoring our strategies to align with your long-term goals.
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Industry Specialization: From contract disputes to complex commercial litigation, Linholm & Associates specializes in various facets of business litigation, providing expert representation across industries.
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Common Areas Requiring a Business Litigation Attorney:
Contract Disputes:
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Breach of Contract: Allegations that one party failed to fulfill the terms of a valid contract.
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Contract Interpretation: Disputes over the meaning or interpretation of contract terms.
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Employment Litigation:
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Wrongful Termination: Claims of unjust dismissal or termination of employment.
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Discrimination: Allegations of discriminatory practices in hiring, promotion, or treatment.
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Harassment: Claims of workplace harassment, including sexual harassment.
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Real Estate Litigation:
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Property Disputes: Disputes over ownership, boundaries, or land use.
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Lease Disputes: Conflicts arising from disagreements between landlords and tenants.
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Tortious Interference:
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Business Interference: Allegations that a third party intentionally interfered with contractual or business relationships.
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Fraud and Misrepresentation:
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Business Fraud: Claims of intentional deception or misrepresentation in business transactions.
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Debt Collection:
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Collection Actions: Legal proceedings to recover debts owed to a business.
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Insurance Disputes:
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Coverage Disputes: Conflicts over the extent of insurance coverage for a particular claim.
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Bad Faith Claims: Allegations that an insurance company acted in bad faith in handling a claim.
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Environmental Litigation:
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Pollution Claims: Legal actions related to environmental contamination and liability.
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Car Accident
Car accidents can create many hardships, from dealing with physical pain and emotional distress, to the worry of potential debt, the result of medical expenses. In these challenging times, clarity is crucial. Linholm & Associates is here to guide you through the process, ensuring your rights are protected and advocating for your recovery.
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Why Choose Linholm & Associates for Your Car Accident Case?
Car accidents can lead to severe injuries requiring extensive treatment, affecting your ability to care for your family or return to work. While prioritizing health is crucial, pursuing action against the at-fault party is also essential. Managing a claim or lawsuit can be overwhelming, but an experienced attorney can ease your burden, allowing you to focus on treatment.
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Linholm & Associates has the experience and resources to thoroughly investigate, determine compensation, and advocate for your rights. If an acceptable settlement cannot be reached, we are fully prepared to present your case at trial.
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Do I Need an Attorney for a Car Accident?
You are not required to consult a lawyer following a car accident. You may think that you do not need a lawyer if someone else is at fault as proving what happened should be simple.
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However, while you are focused on recovering, navigating a car accident claim can be overwhelming, especially if you have never pursued a personal injury claim. Remember, insurance companies want to save money by denying claims or reducing their value. They will look for evidence to avoid having to pay a settlement.
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Hiring an experienced attorney can lessen your burden, allowing you to concentrate on your recovery.
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When Should I Call an Attorney After a Car Accident?
Your physical and emotional well-being should be your highest priority. Following a car accident, you should immediately seek medical attention. This is important, as seemingly minor injuries may hide internal damage. Fully comply with all recommended medical treatment. Be sure to save all documentation, including medical records, bills, and receipts, as these documents will help in establishing your claim.
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While calling a lawyer may seem unnecessary, prompt action is crucial as evidence preservation and witness interviews become paramount. An experienced attorney will also anticipate potential complications, ensuring a smoother process and avoiding missed deadlines.
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How Much Do Car Accident Attorneys Charge?
Similar to most car accident attorneys, Linholm & Associates works on a contingency basis, meaning the lawyer will not collect their legal fees and their costs incurred while representing you. A contingency fee is based on a percentage of your recovery, pending a successful outcome. Since payment is contingent on recovering compensation, if you do not get compensation from the insurance company or at trial, we will not get paid.
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It is essential to discuss fee arrangements with your attorney to ensure transparency and understanding.
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Insurance Disputes
Are you facing challenges with your insurance claim? Do not let the complexities of insurance disputes overwhelm you. Let Linholm & Associates be your dedicated legal partner, guiding you through the intricate world of insurance claims with confidence!
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Why Choose Linholm & Associates?
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Decades of Expertise: With more than 30 years of experience, Linholm & Associates thoroughly understands the nuances of insurance policies, ensuring you receive the comprehensive coverage you rightfully deserve.
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Results-Driven Advocacy: Linholm & Associates is committed to achieving favorable outcomes for our clients. Whether it is a denied claim or delayed payments, we have a history of success in resolving insurance disputes efficiently.
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Personalized Approach: Recognizing the uniqueness of each case, Linholm & Associates adopts a personalized approach. Our strategies are meticulously tailored to your specific circumstances, enhancing your chances of success.
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Transparent Communication: No legal jargon or confusing terms. Linholm & Associates believes in clear, transparent communication. We keep you informed every step of the way, providing a clear understanding of your case and the path forward.
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Areas of Expertise:
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Property Insurance Claims: Whether it is damage to your home or business property, Linholm & Associates is well-versed in handling property insurance disputes.
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Auto Insurance Claims: From accidents to comprehensive coverage, Linholm & Associates is here to help you in getting the compensation you deserve for your auto insurance claims.
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Personal Injury Claims: If you have been injured and your insurance claim is being contested, Linholm & Associates will fight tirelessly to secure the compensation you need for medical bills and recovery.
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Commercial Insurance Claims: Businesses facing insurance disputes can trust Linholm & Associates to safeguard their interests, ensuring minimal disruption to operations.
Products Liability
At Linholm & Associates, we recognize the expectation that manufacturers and retailers provide safe products, ensuring users can trust in their proper functionality. However, when designers, manufacturers, and distributors allow defective or hazardous products into consumers' hands, innocent individuals may suffer severe injuries or even loss of life. If you or a loved one has been harmed by a defective product, you may be entitled to financial compensation.
Why Linholm & Associates?
Product liability cases are inherently complex, requiring the injured party to establish that a defective product posed an unreasonable danger leading to injury. Proving causation and product defects can be challenging. At Linholm & Associates, we possess the expertise to construct compelling and persuasive claims on behalf of our clients. Well-versed in product liability litigation, we have the resources to effectively pursue claims against major manufacturers and other liable entities. Let us manage the legal intricacies, allowing you to focus on obtaining the necessary medical care for your recovery and moving forward with your life.
When you choose Linholm & Associates, you receive attentive, personalized representation from the outset to the conclusion of your case. We take care of all legal details, ensuring you can concentrate on your healing process.
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Compensation for Defective Products
A successful settlement can alleviate the burdens resulting from injuries and cover various aspects, including:
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Pain and Suffering: Documenting injuries and pain to illustrate their impact on your life.
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Medical Expenses: Calculating past and future medical costs associated with injuries.
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Lost Wages and Loss of Earnings: Compensating for work missed due to injuries or permanent job loss.
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Property Damage: Providing coverage for damage caused to your property by the defective product.
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In cases of wrongful death due to a defective product, Linholm & Associates will relentlessly pursue justice for your loved ones.
Common Product Defects
Product liability holds companies accountable for injuries caused by their faulty products. You may have grounds for a lawsuit if you have been affected by defects in products such as:
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Pharmaceutical over-the-counter medications;
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Medical devices, including surgical implants;
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Electronics, including personal computers, commercial equipment, and chargers;
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E-cigarettes and vapes;
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Automobiles and auto parts, such as seatbelts, airbags, and engine components;
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Guns, ammunition, and firearm-related accessories;
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Children’s products, such as toys, cribs, car seats, and bottles;
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Household cleaning supplies, chemicals, and appliances; and
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Industrial and agricultural tools, equipment, and supplies.
Types of Product Liability
There are three types of product liability:
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Product Defect: Design flaws or inherent dangers may make designers liable for resulting injuries. A product with a defective design has been designed in such a way that it is inherently unsafe for normal use. Even when the consumer uses the product as intended, he or she is at an unreasonable risk of foreseeable injury.
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Manufacturing Defect: When products become contaminated or a flaw is introduced during the production phase, they are said to have manufacturing defects. In such cases, the actual design of the product is sound, but the flaw makes it unreasonably unsafe for normal use. If a product is manufactured poorly, causing defects, the manufacturer may be liable for subsequent injuries.
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Failure to Warn: Manufacturers must provide instructions for safe usage and warnings about potential dangers. A labeling or marketing defect refers to a product that is missing important safety information, instructions, warnings, or other labels. It can also refer to a product that is improperly marketed for off-label or untested use.
Do I Have a Products Liability Claim?
Any person injured by a defective product, regardless of purchase, can bring a claim against those involved in its distribution. Under Oklahoma law, bystanders injured by a defective product can also recover. Key criteria include:
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Using the product as directed when the injury occurred;
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A direct link between a product defect and significant harm; and
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The product remains unaltered between purchase and use.
Special Education Support
Is your child facing unique challenges due to a disability? Ensure they receive the tailored aid and services they deserve with our assistance in navigating the complex world of special education laws and regulations.
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Special Education Simplified:
By federal law, public schools must provide an appropriate education for children with disabilities, starting at age 3. However, the treatment is so expensive that many families cannot persuade their school districts to pay for it.
Our mission is to meet the distinct needs of your child, guaranteeing that students with disabilities receive the essential aid and services for effective progress. Special education laws and regulations are complex, but we are here to explain them, protecting your child's rights and ensuring they get the support they need.
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Parental Power for Academic Success:
Research, history, and experience confirm that active parental involvement enhances a child's academic performance. Empower yourself as an informed member of your child's special education team, offering them the best chance to learn, thrive, and enjoy their school experience.
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Your Trusted Guide in the Special Education Journey:
Concerned about your child's performance or suspect they may need special education services? Whether you are exploring the possibility or already navigating the process, we are here to help. Let us help you ensure your son or daughter receives the special education services mandated by law.
Together, we can effectively collaborate with the school as valued members of your child's special education team.
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Premises Liability
When visiting retail stores, restaurants, hotels, or other establishments, guests naturally expect a safe environment. Unfortunately, these places often harbor potential hazards, such as slippery surfaces, unmarked areas, unfenced pools, inadequate security, and more, creating the risk of serious injuries. By not maintaining a safe environment, the property owner can be financially responsible. If you believe that an unsafe condition contributed to your injury, pursuing financial compensation for resulting losses is a viable option.
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At Linholm & Associates, we help victims of premises liability, a category of personal injury cases where individuals are injured on another person's property. While slip and fall accidents are common, other conditions within the property owner’s control can result in serious injury.
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What does Premesis Liability mean?
In a premises liability case, the property owner’s failure to maintain a safe environment (negligence) is proven by showing specific factors, including ownership or maintenance of the property, knowledge of hazards, the occurrence of bodily harm, and direct causation by the at-fault party.
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Numerous factors can contribute to premises liability accidents, such as slippery surfaces, unsecured carpeting, cracked pavements, poorly lit stairways, unmarked hazards, and more. If your injury results from the property or business owner's negligence, you are entitled to compensation.
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Premises liability cases categorize victims based on their relationship with the property owner: invitees (customers or tenants), licensees (guests with permission), and trespassers (unlawful entrants). Typically, invitees become victims in these cases, while property owners are not responsible for trespassers' safety.
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First Steps:
After a premises liability accident, immediate steps include reporting the incident, taking pictures of the scene, collecting witness information, seeking medical attention, and preserving all relevant records. Hiring a premises liability lawyer, like those at Linholm & Associates, is vital to guide you through the legal process.
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In Oklahoma, a two-year statute of limitations applies to premises liability cases. Not filing within this period can result in case dismissal. Compensatory damages cover economic and non-economic losses, with specific caps on non-economic damages. Punitive damages, aimed at punishing the responsible party, also have limitations under Oklahoma law.
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Determining the value of a premises liability case involves assessing factors like injury severity, total expenses, economic and non-economic losses, missed income, duration of medical treatment, and family members' suffering. Linholm & Associates strives to secure the maximum compensation through skillful negotiations.
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Choosing Linholm & Associates for your premises liability case offers financial relief, with no upfront or ongoing legal fees. Working on a contingency basis, the firm only collects fees once compensation is secured. A free consultation is available to discuss your case and explore the best options for you, reducing the stress associated with financial burdens and ensuring you receive the compensation you deserve.
Wondering if we can help you? Reach out to Linholm & Associates and we will answer your questions or point you in the right direction.