Living Will

Most people have plans in place to protect their family in case of a weather emergency- they know what steps to take, they’ve talked over the plan and if something does happen they are prepared. However, most people are not prepared for a health emergency. It’s not hard to understand why people don’t want to think about having a health problem that could unexpectedly affect their family- no one likes to imagine the worst case scenario. But, by not planning for the future many people leave their loved ones vulnerable to emotional and financial hardship. A Living Will (also called an Advance Healthcare Directive) is the best way provide the guidance and protection your loved ones will need in case of an emergency. The Living Will provides guidance on key decisions such as life support, mechanical ventilation, feeding tubes, hydration, pain management and other more particular handling of health care matters.
A Living Will is created to designate and agent and to inform the agent of your healthcare preferences should you become incapacitated and unable to express your wishes for your treatment. This means that if you have a Living Will in place, your family will not have to guess about what you would want. Without a Living Will your family will have no choice but to struggle amongst themselves, or more likely in Court, to come to a decision regarding your care. Court proceedings, such as conservatorships, can be cumbersome, intrusive and expensive.
Living Wills are not only for emergency situations, but for long term care as well. If you need to stay at healthcare facility for an extended period, such as going into a nursing home or assisted living facility
You can take care of business and financial arrangements creating a Durable Power of Attorney which will designate a trusted agent to handle your finances if it becomes necessary.
In situations that deal with the well-being of a loved one, emotions run high. Even people who are usually calm become far more likely to disagree about such important decisions. There is no reason to leave your loved ones in this difficult situation without a guide. Having a Living Will in place will eliminate any confusion about your decisions, and remove the burden from your loved ones.
Roberts and Associates has a long record of successfully helping people plan for the future by creating Living Wills. The worst case scenario isn’t something that people like to mull over- so we encourage you to take the steps you need to address the situation. With a Living Will in place you will not have to worry about the worst case scenario–you will have done your part to prepare. Call us today, and let us help you set your worries to rest on these important, life-and-death issues.

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Creating A Will

Having a Will is one of the most important things you can do to protect the people you care about. The loss of a loved one is a difficult enough experience, so the last thing that anyone needs is added stress and confusion about the final wishes of someone who has passed on. In our legal system after someone has passed, the debts and assets they leave behind go through a process called Probate.  In MS this happens in the Chancery Court.

If you do not have a Will providing a plan for your real estate and other property, the Chancery Court can only follow state law to resolve any claims or divisions regarding your Estate.  (This process is called intestacy.)  With a Will in place, the Court follows your plan, as long as it is validly made.

Although you may write a Will yourself, it is not advisable to do so. Informal, self-written Wills (if hand-written they are called holographic wills) are often  unclear and incomplete which results in the Will being contested or challenged. If this is the case, the Will stays in Court until complications are resolved. This problem often results in very expensive legal fees and considerable emotional turmoil for anyone personally connected with the Estate.

Since your Estate will go through Court it is more practical and secure to work with a lawyer when you create your Will. A lawyer can make sure that you fully understand all the aspects of your Will and assure that it has valid legal status. Fortunately, for most people making Will is not complicated or costly.Wills appoint an executor or executors who will have the authority to act on your behalf and fairly execute your Will.  A Will should leave distinct instructions for the division of all your possessions and assets among your designated beneficiaries, who can be one person, several people, or even an institution that you select to receive part or all of your Estate.

However, some Wills are complicated, and there are many different choices to consider. Particularly when step families or family businesses are involved, it is highly advisable to seek the advice of a competent attorney.

At Roberts and Associates we have over 25 year of experience providing people with the legal counseling they need to set their final affairs in order by creating a Will. We can promise that when the time comes, those you love will have a concise record detailing your chosen path for the resolution of your Estate. We understand that in a time of mourning, a caring professional guide through the legal system is exactly what people need. Contact us and we will help you take care of this important step for securing you future.

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Traumatic Brain Injury

The brain is the control center of the body, managing everything from simple physical tasks to complicated thoughts and even someone’s personality. Therefore, a traumatic brain injury, or TBI, caused by an accident or purposefully inflicted can cause some of the most severe and life altering changes for a victim and their families. After sustaining a TBI a victim may become physically and intellectually impaired, preventing them from continuing to work, or even being able to take care of their own basic personal needs.

According to the CDC, falls, auto accidents and assaults account for over 60% of traumatic brain injury cases, but there are other causes as well. Not all of the warning signs for a TBI are necessarily obvious. If after any kind of head injury someone experiences unexplained weakness, decreased coordination, numbness, slurred speech, repeated vomiting and nausea or a constant headache that worsens they may have a TBI and should contact emergency healthcare services right away.

In many TBI cases, legal action also needs to be undertaken immediately on behalf of the injured person. If the injury was sustained in the workplace, at a hospital, in an auto accident, or intentionally inflicted, then the course of action is clear. Victims and their families deserve justice and compensation for the financial, physical and emotional costs caused by a TBI.

At Roberts and Associates our firm has successfully represented multiple clients suffering from a TBI. We are well versed in the complicated nature of these cases and have handled a wide variety of TBI claims including cases caused by shaken baby syndrome, hypoxia (low oxygen), stroke injury from a premature ER discharge and victims suffering from reflex sympathetic dystrophy- also known as phantom limb pain. Our considerable experience with these clients and others like them makes Roberts and Associates an excellent choice for anyone seeking representation in a TBI case. We have the knowledge, skills and compassion to help our clients through the difficult circumstances they face. If you, or someone you know is seeking representation, contact our office. Initial consultations are free, and we would be glad to advise you on these legal matters.

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No one likes to consider the possibility of being charged with a DUI. But, there are important facts about Mississippi’s DUI laws that should be known in order to protect your rights should you or someone you know be charged. If charged with a DUI, you never go to court alone, or just plead guilty. Always contact a legal representative before handling any charges against you, otherwise you may face conviction when you could have been cleared of  all charges.

Another important fact to consider is the high cost of a DUI conviction. Not only could you be faced with paying considerable fines, but your license, your job, your reputation, and even jail time could await you if you have not prepared yourself for the very serious pending charges. A DUI conviction can severely damage your future, and follow you for the rest of your life. It is always in your best interest to protect yourself by hiring a lawyer who can give you the defense you need.

In the state of Mississippi, an officer must have “probable cause”, or good reason, to believe someone is driving drunk.  If the officer can show probable cause, they will request that the driver take a chemical breath test- also known as a breathalyzer- to determine the level of intoxication. The breathalyzer is the most common intoxication test, but blood or urine samples can be tested as well.

Mississippi’s implied consent law states “When you operate a motor vehicle in the state of Mississippi, you are giving your implied consent to testing for the presence of intoxicating substances in your body.” It is common mistake to believe that taking a breath, blood or urine test is absolutely required. You may refuse to take any test for intoxication but, if you exercise your right to refuse testing, greater penalties can only be applied if you are found guilty. However, additional defenses may be available to you if there is no valid test to prove you were intoxicated.

If you do find yourself charged with a DUI, the ticket will list a “plea date” which will tell you when and where you will be expected for your first court appearance.  At this point, you need to call an attorney to enter a plea of not guilty as soon as possible. It is extremely unwise for anyone to go to court without a lawyer, but especially in this case you will need a highly skilled attorney who has experience defending DUI charges.  A DUI conviction is far from automatic, and with the right attorney, you will be able to prepare a solid defense for your case.

Roberts and Associates is a law firm committed to aggressively defending our clients by using our years of experience and sophisticated insight into the legal system. Should you or someone you know be charged with a DUI, call us as soon as possible. The more quickly you take action, the more effectively our firm will be able to defend you.

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First Circuit Court of Appeals upholds the right to video arrest

The United States Court of Appeals recently upheld the decision of a trial court to deny qualified immunity to a group of police officers who arrested a man for taking video of their arrest of another man.

The plaintiff in the original suit, Simon Gilk, was walking past the Boston Common when he saw three police officers arresting a young man. Concerned that the officers were hurting the suspect, Gilk took out his cell phone and began recording the arrest. Later, one of the officers approached Gilk and inquired whether his cell phone recorded audio as well as video. When Gilk replied in the affirmative, he was arrested for violation of the Massachusetts wiretap statute.

Gilk brought his claim against the arresting officers, claiming that his First and Fourth Amendment rights had been violated: the First Amendment right to record the officers’ actions in a public space, and the Fourth Amendment right to be arrested only with probable cause.

On appeal, the officers argued that they were entitled to qualified immunity because the law establishing a First Amendment right to record police officers carrying out their public duties was unclear.

The United StatesCircuit Court of Appeals, First Circuit, held there was no qualified immunity because:

  • Both the press and private citizens have the undoubted right to gather news from any source inside the law.
  • Gathering information about government officials in a form that can be easily distributed to others serves the fundamental First Amendment interest in protecting and promoting the free discussion of governmental affairs by United States citizens.
  • The First Amendment protects the right to gather information about what public officials do on public property, particularly as they relate to matters of public interest. This is particularly relevant in the case of law enforcement officials, who are given a lot of discretion with their power, and could easily use it to deprive citizens of their civil liberties.


Gilk filmed the police officers in the Boston Common, the oldest city park in the United States; this location is the epitome of a public area. He filmed the officers from a reasonable distance and did not speak to or hinder them in any way. Peacefully recording an arrest in a public space does not interfere with the performance of the officers’ duties and is a basic, vital, and well-established civil liberty safeguarded by the First Amendment. The fact that the officers were not happy about being recorded does not make Gilk’s exercise of the First Amendment a crime.

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Roberts Settles Employment Law Case Against City of Hattiesburg

Roberts and Blackledge recently settled a case against the City of Hattiesburg on behalf of a Richard Tapp, an employee of the Hattiesburg Police Department. Our client brought the suit against his former employer because he was not granted the due process to which he was entitled by the police department’s own policies and procedures. In the suit, Tapp sought damages for back pay and front pay, as well as attorney fees and other emotional damages.

Richard Tapp, a former chaplain and fleet manager with the Hattiesburg Police Department, was fired for insubordination after he refused to make a statement about a sexual harassment charge without a lawyer present. Tapp had already been cleared of the same sexual harassment allegation months earlier in an internal investigation.

Sexual harassment is a valid social issue, but it was not the material issue of law that was the subject of this case. The Hattiesburg Police Department has a detailed protocol for providing due process to employees, and they did not follow it. Tapp, like all other terminated officers at the Police Department, have a right to due process before being terminated.

While the settlement reached with the Police Department did not admit any fault on the part of the defendant, Tapp certainly felt vindicated by the result.

The lesson to be learned by all employers is this: when you have a handbook, or in this case governmental policies and procedures, following the written policies is essential. Failing to follow policies may cause liability on the part of the employer.

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How to Handle Alleged Employee Misconduct

•You should have a working knowledge of the process of handling allegations of employee misconduct so you won’t have to learn while dealing with a stressful situation.
•Learn how to investigate allegations of employee misconduct thoroughly and legally. It can save stress, time, and money.
•Become apprised of some recent trends and current concerns regarding employee misconduct.

•Having a plan in place for dealing with employee misconduct will minimize stress if a need for that plan should arise.
•Clear planning and maintenance of company policies will always help guide employers if misconduct is alleged, and in some cases, can even prevent misconduct.
•Prevention is always the best policy!

•Breach of Employer Confidentiality
•Theft or Fraud
•Sexual Harassment
•Violation of Internet Policies
•Drug Abuse

•Most lawsuits against employers are filed only AFTER reporting a problem internally and the problem is left unaddressed.
•According to the National Whistleblowers Center, 89.7% of employee misconduct that led to a lawsuit was reported internally first and ignored.
•If a lawsuit does arise, you will be more prepared to handle it if you have investigated first.
•Internal investigation of claims proves that you take your code of conduct seriously.
•Encouraging employees to report misconduct can help you detect problems early.
•Investigating a claim can save you the expense and negative publicity of a lawsuit.
•Can help you develop better employee training and policies through detection of patterns in misconduct claims.


Take Action Right Away
•Do not ignore the claim or let it drag on. If you respond promptly, it sends the message that you take the allegation seriously and that you are concerned.
•Take immediate steps to protect the accuser if there is any violence or harassment reported. You can do this even before conducting an investigation.

Select the Right Person to Investigate
•The person you select must be impartial and objective.
•They should not have a history with the employee being investigated.
•An HR representative is often the best choice, or an attorney if necessary.

Develop a Strategy for Your Investigation
•Decide who you need to interview and in what order.
•Learn what physical evidence (documents, records, tapes, etc.) you need to collect.
•Determine if any additional personnel are needed. For example, an independent auditor or forensic accountant should be engaged for fraud investigations.
•Set a timeline so it’s done promptly.

Secure the Investigation
•Make sure there is a locked or password-protected file for everything obtained in the investigation.
•The investigator should be the only person with access.
•Nothing should be updated in personnel files until after the investigation is finished.

Conduct the Interviews
•Conduct interviews in private and with appropriate representatives if requested.
•First interview the accuser, next the accused, and after that, any person with relevant information in order of importance.
•Tell the employee why they are being interviewed, but do not be overly specific.
•Ask the employees to be discreet. Do not promise confidentiality, but maintain it as much as possible.
•When interviewing the accused, tell them each of the allegations and give a chance to refute them.
•Find out how employees got their information. Carefully check all hearsay to rule out that it is a rumor.

Make Sure Information is Documented Properly
•Take detailed notes about when the interviews are conducted, who is present, and what is said.
•Make sure that enough specific information is obtained to refute or substantiate claims.

•Write a detailed memo after each interview and ask the employee to review it, make changes if necessary, and sign it.
•Keep everything about the interview process organized and easy to access in case it is needed later.

•Follow up with the complaining and the accused employee after the investigation is complete, regardless of whether a claim is substantiated or refuted.
•If the claim of misconduct is substantiated, decide what the consequences will be. If you decide to give an employee another chance, make it clear that future misconduct will not be tolerated and enforce your policies strictly.
•Keep the investigation files separate from personnel files. Only documents about the result of the investigation (disciplinary documents, etc.) should be placed in the employee’s personnel file. This practice helps prevent defamation claims.
•If the misconduct could have resulted from unclear company policy, revise the rules pertaining to the infraction and provide all employees with an update.


•The EPPA states that an employer may not require an employee in the private sector to submit to a polygraph test, and that the employee may not be subject to any disciplinary action for refusing to take the polygraph test.
•There are several exceptions to the EPPA, the most important being that an employer may require a polygraph test if they are reasonably suspected of involvement in misconduct that resulted in a substantial economic loss or injury to the employer.
•In cases where the economic loss or injury exception is being utilized, the employer still MUST provide a statement with the following:
1. Identification of the specific loss or injury.
2. Description of employee’s access to the property that is the subject of the investigation.
3. Detailed description of the basis of the suspicion that the employee is involved.
4. Signature of a person authorized to legally bind the employer.

•Use of social networking sites like Facebook, Twitter, Tumblr, etc. in determining and sanctioning employee misconduct is a fast-growing concern for employers.
•Case law is being decided and refined constantly, as new social networking sites and technologies arise. Here are some important decisions and trends as of the end of 2011.
•As a general rule, the courts are upholding individual companies’ policies regarding employee privacy and use of social networking sites.
•This is why it is so important to craft a clear set of policies for your company, and to examine and refine them regularly to keep up with current technological advances.
•In some cases, use of social media to post confidential or unflattering information about an employer or company can be grounds for an investigation and disciplinary action.
•If an employer has clearly defined policies about what is and is not personal and private in social media, then it is easier to prove that there is no “reasonable expectation of privacy” and posts on social media may be used against an employee in a misconduct investigation.
•In several recent cases, courts have ruled that there is NO reasonable expectation of privacy in electronic communication, if it occurs on company equipment, like a cell phone or computer issued for work.
•Even if an account is personal and password protected, if the communication is conducted on work equipment, it can be accessed for an investigation.

•Using social media to determine employee misconduct is a potential minefield for employers since the case law is in its infancy, and precedent frequently does not exist.
•However, accessing public records is a time-honored and unambiguously legal way to check up on your employees.
•The exception is running a credit check, for which you must have the employee’s consent.
•You can access and view public records pertaining to your employees through online search services like Accurint and KnowX.
•For a small fee or a subscription, these companies can generate detailed reports about an employee based on public record. For example: if they have any judgments pending against them, if they have declared bankruptcy, if they have an arrest record, and other useful information.
•Learning that an employee is having financial trouble can lend credibility to an allegation of theft or fraud.
•Learning that an employee has an arrest record for an offense similar to that which they’ve been accused can help substantiate allegations of all kinds.

Audio Recording Laws
•Under Federal and Mississippi law—the Electronic Communications Privacy Act (ECPA)—you can audio record a conversation as long as one of the parties participating in the conversation consents. The recording party can also be the party to consent.
•Hidden audio recording equipment is illegal.

Video Recording Laws
•Visible video recording equipment is legal as long as the camera is in a non-private place. They can record audio as well, as long as one party consents under the ECPA.
•Hidden cameras are legal as long as they are in non-private areas and they do NOT record sound.
•In Mississippi, employee break rooms and lunch rooms are considered private areas.

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Roberts negotiates settlement for victim of law enforcement abuse

Roberts and Blackledge recently negotiated a settlement for a Seminary man who filed suit against Covington County and a Covington County sheriff’s deputy in March, alleging abuse and false imprisonment.

Toby Davis, a resident of Seminary, stated in his lawsuit that last January, a Covington County sheriff’s deputy followed his vehicle for six miles to his residence in a patrol car without flashing any lights or attempting to stop him. The deputy then accused Davis of illegal possession or sale of a controlled substance. Davis fled to the back of his house in fear after the incident escalated physically, and was beaten and shocked repeatedly with a stun gun by the deputy.

After the depositions in the case were taken, the defendants offered Toby Davis a settlement. Judge Keith Starrett entered an order dismissing the case on October 18. Robin L. Roberts, Davis’s attorney, says that although the defendants did not admit liability for the incident, the settlement offer was satisfactory to his client.

Robin Roberts has represented quite a few clients whose civil rights have been violated, taking their cases to federal court.  Your civil rights are some of your most important rights as an American citizen, and if you have been treated unfairly by a law enforcement officer, the attorneys at Roberts and Blackledge can help you.

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Estate Planning Information

Every person owning forestlands should work with a professional to develop an estate plan, tailored to the individual needs of their family.  To develop this plan, you should obtain and follow the professional advice of a trusted attorney, accountant, forester and others.  Then you should work with your attorney to execute a will that addresses disposition of your assets, and also execute appropriate documentation concerning decisions that others will be able to make on your behalf.

Having a will is the most basic and most important part of planning for the future of your heirs.  A will directs the disposition of assets at the time of your death and it puts you in control of how your assets will be distributed.  If you die without a will, your property may be passed to your heirs according to state law, regardless of your wishes.  You should engage a knowledgeable attorney who has experience drafting complex wills to handle your estate plan.  The will you create with the help of your attorney should clearly identify your heirs, divide your assets, name an executor, address tax planning, create any trusts that are appropriate, and address any concerns regarding the unique and specific circumstances of your estate.

Trusts are legal entities that hold assets, established by a settlor for specific beneficiaries.  A trustee or a manager appointed by the trustee manages the trust.  The trustee you name has fiduciary duties, including good faith and fair dealing, trust, and confidence, to the trust and the beneficiaries.  Some trusts, established by a will, are called testamentary trusts.  Other types of trusts that may be applicable to an estate include asset protection, business, real estate, credit shelter, irrevocable life insurance, and others.  You should speak with your attorney at length about whether a trust best serves your wishes in your estate plan.  Working with the attorney, you can create trusts that will accomplish the disposition of your assets in the way that you envision for your estate.

Many landowners today have also begun to structure the ownership of their forest to take advantage of limitations of liability, and to obtain insurance to help cover risks of litigation.  Families can use the family limited partnership to facilitate their goals with their family forestland.  In family limited partnerships, one general partner manages the land and the remaining owners who do not participate in management are limited partners.  The general partner is liable for the acts and debts of the family limited partnership, but the limited partners only have risk to the extent of the value of their interest.  You can work with your attorney to form a family limited partnership—formation is completed by filing a certificate of limited partnership with the Secretary of State and having the partners execute a partnership agreement.  It is a good vehicle for gifting interests in property while retaining management, and is being utilized more and more frequently in estate plans for families who own forestland.

Finally, if a successful transfer of family land is to occur, you must first create an appreciation for the land in your heirs.  You should develop shared values, educate family members who are not familiar with forestry, and make the learning process enjoyable.  It is easier for someone to care about a forest their family owns when they are active in its management.  Consider involving the family early on in major decisions about the management of your forest.  In this way you can work collaboratively to create a legacy for future generations before a transfer of responsibility occurs.  You might even consider transferring the majority of control of a family forest slowly to a trusted family member while you are still alive.

When you are discussing change of control in a company or within a family, you should honestly evaluate who has the skills, interest, and time to take on this responsibility to make decisions for the future.  You should also take the time to carefully choose your trustees and executors.  Entrusting these responsibilities to the right people is a vital part of creating a good estate plan, and should be considered with great care.

Every forest owner should plan for the future by developing a comprehensive estate plan.  By working closely with an experienced attorney, carefully reviewing options for your will, trusts and company structure, and including your family in the estate planning process, you are more likely to achieve your objectives for your family forest.

Many of these points were discussed in the recent article “Growing the next generation” by Gee Ogletree and Holmes Adams in the latest issue of Tree Talk.  The article raised several excellent points about the importance of estate planning for the owners of forestland.  I’d like to provide you with information about the estate planning services available here at Roberts and Blackledge.  I have enclosed a brochure outlining the services that our firm can provide for planning the future of your family forest.

The attorneys at Roberts and Blackledge have 38 years of experience in working with Mississippi landowners to develop personalized, complex and comprehensive estate plans.  Whether you own ten acres or several hundred, we can help you develop a plan that will serve your needs and secure your legacy in the way you choose.  Call us today at 601-466-5464 or email us at to set up a free consultation.

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What To Do If You Have a Car Accident

Each year, thousands of people are involved in traffic accidents during the Labor Day Weekend. If you are one of these unfortunate people this year, will you know what to do? Auto accidents always take a toll on everyone involved, both physically and financially. The chances are high that at some point you will be involved in a minor accident. Knowing what to do in the event of an accident can prevent further injuries, reduce costs and speed up the process.

If you are involved in a traffic collision, try to remain calm and follow these steps:

1. Make Sure You’re Okay. Take care of your medical needs and render first aid to the extent you are able to do so.

2. Be safe. If there are no serious injuries, you should move the cars to the side of the road and out of the way of oncoming traffic. Leaving cars in the middle of the road or an intersection can result in more accidents and injuries. If a car cannot be moved, everyone should remain inside with their seatbelts fastened until help arrives. Make sure to turn on your hazard lights.

3. Photograph the Accident and Take Notes. Use a disposible camera (keep one in the glove box) or your phone camera to document the damage to all the vehicles at the scene.  Take a written description of each car, including year, make, model and color.  Also write down the exact location of the collision and your account of how it happened. Never tell the other driver or the police that the accident was your fault, even if you think it was.

4. Exchange the Following Information With the Other Driver.

  • Name, address, and phone number.  If the driver’s is not the insured, determine their relationship to the insured and take down their name and address as well.
  • Insurance company and policy number.
  • Driver’s license number.
  • License plate number.
  • If there were witnesses to the accident, try to get their contact information too.  They may be able to help you if the other drivers dispute your version of what happened.

5. File An Accident Report. Always call the police after an accident.  Filing a police report will help insurance companies speed up the claims process after an accident.  If the police do not respond to your accident (in some states, they will only respond if there are injuries), accident reports are usually available at police stations and on the Department of Motor Vehicles website.

6. Notify Your Insurance Company. Drivers sometimes decide to handle the damages without involving their insurance companies, but this isn’t always a good idea.  The other driver may agree to pay for the damage to your car on the day of the accident, but later they may decide later that the repairs will be too expensive. You have no way of knowing whether another driver will change his mind and report the accident to his insurance company. The other driver could even claim injuries that weren’t apparent at the scene of the accident. If this is the case, you will probably wind up involved in a lawsuit. 

If you do become involved in a lawsuit dealing with a car accident, it is vital that you hire an attorney who will represent your interests, whether the accident was your fault or not.  The attorneys at Roberts and Blackledge are experienced in handling auto accident cases, having settled literally hundreds in their 25 years of experience.  They will work to get the matter resolved as quickly as possible, and will help to minimize the stress of your accident, both physical and financial.

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