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Tina Westveer

Google’s Most Asked Questions About Personal Injuries

Google’s Most Asked Questions About Personal Injuries

By Personal Injury

Navigating a personal injury claim can be challenging. To help, here are answers to Google’s most frequently asked questions about personal injuries.

What is a Personal Injury Claim?

A personal injury claim is a legal process to seek compensation for injuries caused by someone else’s negligence. This compensation can cover medical bills, lost wages, pain and suffering, and other related expenses.

How Do I Know if I Have a Personal Injury Case?

If you were injured due to someone else’s negligence, you might have a case. Factors include the severity of your injury, medical costs, and evidence of the other party’s fault. Consulting with a lawyer can help clarify your situation.

What Should I Do Immediately After an Injury?

  1. Seek Medical Attention: Your health is the priority. Get medical help right away.
  2. Document Everything: Take photos of the scene, your injuries, and gather witness information.
  3. Report the Incident: Notify relevant authorities or property owners.
  4. Contact a Lawyer: Legal guidance can protect your rights and help you navigate the process.

How Long Do I Have to File a Personal Injury Claim?

The time limit to file a claim, known as the statute of limitations, varies by state. In many states, it is typically two to three years from the date of the injury. Missing this deadline can forfeit your right to compensation.

What Compensation Can I Receive?

Compensation, or damages, can include:

  • Medical Expenses: Current and future medical bills.
  • Lost Wages: Income lost due to the injury.
  • Pain and Suffering: Compensation for physical pain and emotional distress.
  • Property Damage: Costs to repair or replace damaged property.

How is Fault Determined in a Personal Injury Case?

Fault is determined by examining evidence such as:

  • Accident Reports: Official documents detailing the incident.
  • Witness Testimonies: Statements from people who saw the accident.
  • Medical Records: Documentation of your injuries.
  • Expert Testimonies: Professionals who can provide insight into the cause and effects of the incident.

Do I Need a Lawyer for a Personal Injury Claim?

While not required, a lawyer can significantly improve your chances of a successful claim. They understand the legal process, can gather evidence, negotiate with insurance companies, and advocate for your best interests.

How Long Does a Personal Injury Case Take?

The duration of a personal injury case can vary. Factors include the complexity of the case, the extent of the injuries, and the willingness of parties to settle. Cases can take a few months to several years.

What If the Insurance Company Offers a Settlement?

Before accepting any settlement, consult with a lawyer. Initial offers may be lower than what you deserve. A lawyer can help evaluate the offer and negotiate for fair compensation.

Can I Afford a Personal Injury Lawyer?

Most personal injury lawyers, including Fielding Law, work on a contingency fee basis. This means you only pay if you win your case. This arrangement ensures legal representation is accessible to everyone.

Advocates for Your Rights

Understanding personal injury claims can be complex, but having the right information is essential. If you have more questions or need legal assistance, Fielding Law is here to help. Our experienced attorneys are ready to support you through every step of your personal injury case.

Call 833.88.SHARK today for a free consultation. Let us fight for the compensation you deserve while you focus on your recovery.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Airport Injury Responsibility

Injured at Airport? Know Liability

By Personal Injury, Premises Liability, Public Entity

Accidents can happen anywhere, including at airports. If you get injured at an airport, you might wonder who is responsible. Understanding airport injury responsibility is crucial to getting the help you need.

Potentially Liable Parties

Several parties could be responsible for your injury at an airport. Here are some common ones:

Airport Operators
Airports must ensure their premises are safe. They should fix hazards like wet floors or broken equipment.

Airlines
Airlines might be liable if your injury occurs during boarding, deplaning, or in an area they control.

Vendors and Concessionaires
Shops, restaurants, and other businesses within the airport must maintain safe premises. They can be responsible for injuries that happen in their areas.

Maintenance Contractors
Contractors who maintain airport facilities must perform their duties safely. Negligence on their part can lead to injuries.

Steps to Take After an Airport Injury

Taking the right steps after an airport injury can protect your health and legal rights. Here is what to do:

1. Seek Immediate Medical Attention
Your health comes first. Get medical help immediately, even if the injury seems minor.

2. Report the Incident
Notify airport security or staff about your injury. Ensure they document the incident.

3. Collect Evidence
Take photos of the accident scene and your injuries. Get contact information from any witnesses.

4. Keep Detailed Records
Document your medical treatments, symptoms, and any changes in your condition.

Understanding Your Legal Rights

Knowing your legal rights is essential after an airport injury.

Determining Liability
Identifying who is responsible for your injury can be complex. Multiple parties might share liability.

Filing a Claim
A personal injury claim can cover medical expenses, lost income, and other damages.

Statute of Limitations
Be aware of the deadlines for filing a claim. Missing them can forfeit your right to compensation.

How Fielding Law Can Assist

Fielding Law has extensive experience handling airport injury cases. Our dedicated team will:

Provide Personalized Attention: We offer tailored legal strategies for your unique case.

Advocate Aggressively: We are committed to fighting for your rights and achieving the best possible outcome.

Offer Compassionate Support: We provide empathetic, caring support throughout the legal process.

Call 833.88.SHARK to speak with our skilled attorneys today. Your recovery and well-being are our top priorities. Injuries at airports can be stressful and confusing. Understanding airport injury responsibility and knowing your legal rights are crucial. Fielding Law is here to provide the expert legal support you need to navigate this challenging time.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

woman looking at an x-ray

What to Do After a Spinal Cord Injury

By Catastrophic Injury, Personal Injury

Immediate Steps to Take

A spinal cord injury can be life-altering. If you suffer one after an accident, immediate action is crucial. Here is what you should do:

1. Seek Immediate Medical Attention

Call 911 or have someone else do it. Do not try to move, as any movement can worsen the injury.

2. Get a Thorough Medical Examination

Even if you feel fine, some injuries are not immediately apparent. A complete medical check-up can identify hidden damage.

3. Follow Medical Advice

Adhere to all medical advice and treatment plans. This can include surgery, medication, physical therapy, and other interventions.

4. Document Everything

Keep detailed records of your medical treatments, symptoms, and any changes in your health. Take photographs of visible injuries and write down your experiences.

Why Hire Fielding Law

Navigating the aftermath of a spinal cord injury can be overwhelming. At Fielding Law, we understand your challenges and are here to help. Our experienced attorneys can:

Investigate Your Accident
We thoroughly investigate to identify all liable parties and gather evidence.

Handle Insurance Claims
We manage all communications and negotiations with insurance companies.

Maximize Your Compensation
We fight to ensure you receive the maximum compensation for your injuries, medical expenses, lost wages, and pain and suffering.

Contact us at 833.88.SHARK for a free consultation. Let us take on the legal burden so you can focus on your recovery.

Understanding Your Legal Rights

After ensuring your immediate health needs are addressed, understanding your legal rights is essential. Here is why:

Liability Determination
Determining who is at fault in the accident is crucial. This can involve the other driver, vehicle manufacturers, or even road maintenance entities.

Filing a Claim
A personal injury claim can cover medical expenses, rehabilitation costs, lost income, and compensation for pain and suffering.

Statute of Limitations
Be aware of the statute of limitations for filing a claim. Missing this deadline can forfeit your right to compensation.

How Fielding Law Can Help

Fielding Law has extensive experience handling spinal cord injury cases. Our dedicated team will:

Provide Personalized Attention
We understand every case is unique and provide tailored legal strategies.

Advocate Aggressively
We are committed to fighting for your rights and achieving the best possible outcome.

Offer Compassionate Support
We offer empathetic, caring support throughout the legal process.

Call 833.88.SHARK to speak with our skilled attorneys today. Your recovery and well-being are our top priorities.

Advocates for Your Rights

A spinal cord injury from an accident can be devastating, but you do not have to face it alone. Taking immediate steps to protect your health and understanding your legal rights are crucial. Fielding Law is here to provide the expert legal support you need.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Injured During a Marathon

Injured During a Marathon Due to Negligence?

By Personal Injury

Running a marathon can be a very exciting accomplishment. Although the journey can be tainted with an unexpected injury. Fielding Law is committed to helping runners navigate the complexities of a race injury, ensuring you receive the support and compensation you need to recover. 

When Would the Race Organizer be Held Liable? 

Race organizers have a duty to make sure your experience is as safe as it is exciting. They can be held liable if negligence or unsafe conditions contributed to your injury. This can include: 

  • Poor route planning 
  • Inadequate medical support 
  • Lack of safety measures
  • Failure to address known hazards

If the organizers did not take reasonable steps to protect you, you deserve justice and compensation.  

What if I Signed a Waiver?  

Signing a waiver does not necessarily mean you have no legal recourse. While waivers can limit liability, they do not absolve organizers from negligence or willful misconduct. Consulting with Fielding Law can help guide you through the complexities of waivers. 

What to Do if You Are Injured?

If you are injured during a marathon due to negligence:  

Seek Medical Attention Immediately

Your well-being is the main priority. Let a paramedic on sight check your injuries or visit a first aid tent as soon as possible. 

Document Your Injuries  

Pictures are worth a thousand words. Take pictures of what your injuries look like at the time of the incident and as it progresses. 

Gather Details 

Take photos of the scene, if possible, especially of what caused the injury. Be sure to grab any evidence that can prove fault or negligence. 

Gather Contact Information  

Grab phone numbers and other important details of any witnesses at the scene.  

Reporting the Injury 

Let marathon officials know what happened, file a formal incident report, and collect a copy of the report for your record. Having proper documentation will help your attorney build a strong case. 

Contact Fielding Law  

Having a trusted attorney by your side can help you start your path to justice and compensation. Call us anytime, 24/7, with your questions at 833.88.SHARK

How Fielding Law Can Help? 

At Fielding Law, we understand the physical, emotional, and financial toll that a marathon injury can take. Our experienced team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Let us handle the legal complexities so you can focus on your recovery after a marathon injury. Call us at 833.88.SHARK for a free legal consultation. 

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

metro de Los Ángeles

Herido en el Metro de Los Ángeles?

By Español, Train Accident

Los Ángeles puede ser conocido por sus extensas autopistas y su cultura de viajeros, pero el sistema Metro Rail aún ve un uso diario significativo. Con aproximadamente 344,000 pasajeros cada día, los accidentes, aunque raros, pueden resultar en lesiones graves. Si ha resultado herido en un accidente en el Metro de Los Ángeles, comprender sus derechos y los pasos a seguir es crucial. Fielding Law está aquí para ofrecer asistencia compasiva y experta. 

Lesiones Comunes en Accidentes del Metro de Los Ángeles 

Cuando ocurren accidentes en el Metro de Los Ángeles, a menudo conducen a lesiones graves. La fuerza del impacto puede lanzar a los pasajeros contra las paredes del tren o al suelo. Las lesiones comunes incluyen: 

Lesiones Cerebrales: Las conmociones cerebrales y las lesiones cerebrales traumáticas pueden ocurrir, a veces con síntomas que aparecen días o semanas después.  

Lesiones de la Médula Espinal: Estas lesiones pueden resultar en parálisis parcial o completa. 

Amputaciones: Los accidentes graves pueden llevar a la pérdida de extremidades. 

Quemaduras: Incendios o problemas eléctricos pueden causar quemaduras significativas.  

Lesiones Internas: El sangrado interno y el daño a los órganos son riesgos serios. 

Trastorno de Estrés Postraumático (TEPT): El trauma de un accidente puede llevar a problemas psicológicos a largo plazo. 

Responsabilidad Legal del Metro de L.A. por Lesiones 

La Autoridad de Transporte Metropolitano del Condado de Los Ángeles (LACMTA) es responsable de la seguridad de sus pasajeros. Si una lesión ocurre debido a la negligencia de un empleado del Metro, como un conductor o un mecánico, LACMTA puede ser responsable según la ley de California. Aquí está lo que necesita saber sobre la responsabilidad legal: 

Negligencia 

LACMTA puede ser responsable si la negligencia de un empleado causó la condición peligrosa que llevó al accidente. 

Condiciones Peligrosas 

Si la propiedad estaba en una condición peligrosa y LACMTA sabía o debería haber sabido de ello, pueden ser responsables. 

Acciones de los Empleados 

LACMTA es responsable indirectamente por las acciones negligentes de sus empleados si esas acciones ocurrieron dentro del ámbito de su empleo. 

Presentar una Demanda Contra una Entidad Gubernamental 

Presentar una demanda contra una entidad gubernamental como LACMTA implica pasos específicos: 

Demanda por Agravio del Gobierno 

Debe presentar una demanda formal dentro de los seis meses posteriores al incidente. El período de seis meses comienza desde la fecha del accidente. Esto es crucial debido al estatuto de limitaciones para presentar demandas contra entidades gubernamentales. 

Presentación Correcta 

Asegúrese de presentar la demanda con la agencia correcta para evitar la desestimación de su reclamo. 

Consultar a un Abogado 

Debido a las complejidades y los plazos cortos, consultar con un abogado de lesiones personales rápidamente es crucial. 

¿Por Qué Contratar a Fielding Law?

Navegar una reclamación por lesiones personales contra una entidad gubernamental puede ser un desafío. Fielding Law tiene la experiencia y la dedicación para manejar estos casos complejos. Nuestro equipo trabaja rápidamente para presentar reclamaciones y asegurar que todos los procedimientos se sigan correctamente, ayudándole a obtener la compensación que merece. Contáctenos al 833.88.SHARK para una consulta gratuita y permítanos ayudarle en este momento difícil. 

Los accidentes del Metro de Los Ángeles pueden resultar en lesiones que cambian la vida. Si usted o un ser querido ha resultado herido en un accidente del Metro de Los Ángeles, no dude en buscar asistencia legal. Fielding Law está aquí para proporcionar el apoyo y la representación que necesita para recuperarse y seguir adelante. 

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Summer Auto Accidents

Protect Yourself From Summer Auto Accidents

By Car Accident

Summer is a time for vacations, but it is also a season that poses unique challenges for drivers. The combination of increased traffic and high temperatures can lead to a higher risk of accidents. At Fielding Law, we want you to stay safe these next few months with essential information to prevent summer auto accidents.  

Risks of Driving in Excessive Heat 

The intense summer heat can affect your vehicle’s performance, increasing the risk of breakdowns and accidents. Understanding these risks and taking proactive measures can help prevent accidents and ensure a safer driving experience.  

Car Maintenance Checklist  

Tire Care

Tires are especially vulnerable in the summer because of the hot pavement. It is crucial to have your mechanic check the tire pressure, as the heat causes it to fluctuate. Make sure they also inspect the tread and look for signs of wear and tear. Properly inflated and well-maintained tires provide better traction and can prevent blowouts, reducing the risk of summer auto accidents. Regular tire rotations are also important for maintaining optimal safety and performance.

Cooling System  

Your car’s cooling system plays a vital role in preventing your engine from overheating. Let your mechanic know to check the coolant levels and inspect hoses and belts for any signs of damage. A well-functioning cooling system ensures that your engine runs smoothly, even in the hottest weather. 

Battery Check  

Have your mechanic check on your vehicle’s battery life. With the summer heat, it can strain your vehicle’s battery resulting in unexpected breakdowns. Ask your mechanic if they recommend a new battery for your car to handle the summer heat.  

Engine Oil Maintenance

Ensure your car’s oil and filter are changed according to the recommended schedule, typically between 3,000 and 10,000 miles. Consult your auto technician to determine the best maintenance schedule for your vehicle. 

Brakes Inspection  

Your car’s braking system is your first line of defense in avoiding collisions. Let your mechanic know to inspect your brakes for any signs of wear, such as squeaking or reduced responsiveness. Replacing worn brake pads and ensuring your brake system is in top condition can help keep you safe on the road.  

What to Do if You Are Injured?

If you are injured in a car accident this summer, it is important to seek medical attention immediately, even if you feel fine. Some injuries may not be apparent right away. Document the accident scene, gather contact information from witnesses, and report the incident to your insurance company. Consulting with Fielding Law can help you understand your rights and options for compensation.  

How Fielding Law Can Help? 

At Fielding Law, we are dedicated to helping those who have been injured in auto accidents. Our experienced attorneys understand the complexities of personal injury cases and are committed to securing the compensation you deserve. We offer personalized legal support, guiding you through the process with compassion and expertise. If you have been injured in a summer auto accident, contact us today for a free consultation at 833.88.SHARK.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Looking inside a car from drivers side door

Hidden Dangers of Everyday Items in Your Car

By Personal Injury

We often overlook the potential hazards of everyday items. While they may seem harmless, certain objects can cause accidents or make injuries worse. Here are a few unexpected culprits and how to stay safe.

Hair Accessories

Hair accessories such as claw clips, barrettes, chopsticks, and other larger hard accessories are popular due to their convenience and style. However, they can pose a risk, particularly during a car accident. For instance, a claw clip can potentially cut into your scalp or neck, leading to neck and back injuries, or even more severe injuries. To prevent this from happening:

  • Wait to Style: It is best to wait and put in your hair accessories after you arrive at your final destination.
  • Use Soft Alternatives: Consider using softer hair ties or clips that are less likely to cause injury if you need to rest your head against something or if you’re involved in an accident.

Sunglasses in Low Light Conditions

Sunglasses protect our eyes from the sun, but wearing them in low light conditions can impair your vision, increasing the risk of accidents. This is especially true when driving at dusk, during cloudy weather, or indoors. To prevent this:

  • Remove Sunglasses: When it is not sunny, take off your sunglasses to ensure you have the best possible vision.
  • Use Transition Lenses: Consider using lenses that adjust to different lighting conditions. These can provide clear vision in varying environments without needing to change your eyewear.

Flip Flops or Slippers

Flip flops and slippers are comfortable but can be dangerous in a car due to their lack of support and grip. They can easily slip off or cause your foot to slip off the pedals or get caught on/under the pedals while driving, leading to accidents. To minimize the risk:

  • Choose Supportive Footwear: Opt for shoes with proper support and grip, especially if you plan to drive long distances or engage in physical activity.
  • Be Cautious: If you must wear flip flops or slippers while driving, be extra cautious with your foot placement and ensure they do not interfere with pedal operation.

Loose Jewelry

Loose jewelry, such as bracelets, necklaces, and rings, can easily catch on objects and cause injuries. This is especially risky in busy environments or when performing physical tasks. To avoid accidents:

  • Avoid Loose Jewelry: Choose fitted accessories that are less likely to catch on things. Avoid wearing long necklaces or dangling bracelets when engaging in physical activities.
  • Be Mindful of Movement: Remove jewelry when working with machinery, participating in sports, or engaging in activities where they might get caught.

Cords and Chargers

Cords and chargers are common items in cars that can create distractions and even pose tripping hazards if not properly managed. To stay safe:

  • Organize Cords: Keep cords neatly organized and out of reach to prevent distractions while driving.
  • Secure Cords: Use cord organizers or ties to bundle them together and keep them off the floor to avoid tripping hazards.

Advocates for Your Rights

Being aware of the hidden dangers of everyday items in your car can help prevent accidents and injuries. However, even with precautions, accidents can still happen. If you have been injured in a car accident, you need experienced legal support. Fielding Law is here to help. Call 833.88.SHARK for a free consultation. Our caring and capable team is ready to assist you in getting the compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Compensación de trabajadores

Compensación de Trabajadores vs Casos de Lesiones Personales

By Español

En el ámbito de las reclamaciones legales, es primordial comprender las distinciones entre las reclamaciones por lesiones de compensación para trabajadores y los casos de lesiones personales. Cada tipo de reclamo opera bajo reglas y procedimientos únicos, lo que afecta la forma en que se busca y obtiene la compensación. Permítanos investigar estas diferencias para ver cómo Fielding Law puede ayudarlo de manera efectiva. 

Naturaleza de la Lesión 

  • Compensación de Trabajadores: Cubre principalmente las lesiones sufridas en el lugar de trabajo, incluidas las enfermedades ocupacionales. 
  • Lesiones Personales: Abarca las lesiones resultantes de la negligencia o mala conducta de otra parte, como accidentes automovilísticos o incidentes de resbalones y caídas. 

Culpa y Compensación 

  • Compensación de Trabajadores: Opera en un sistema sin culpa, donde los empleados reciben beneficios independientemente de quién causó la lesión. Sin embargo, generalmente no pueden demandar a su empleador. 
  • Lesiones Personales: Opera en un sistema basado en la culpa, donde la víctima debe probar que la negligencia de la otra parte provocó la lesión. La compensación puede incluir facturas médicas, pérdida de ingresos, dolor y sufrimiento, y otros daños. 

Tipos de Compensación 

  • Compensación de Trabajadores: Por lo general, cubre gastos médicos, salarios perdidos, costos de rehabilitación y beneficios por discapacidad potencialmente permanente.  
  • Lesiones Personales: Permite una compensación por facturas médicas, pérdida de ingresos, angustia emocional, dolor y sufrimiento, y otros daños económicos y no económicos. 

Proceso Legal 

  • Compensación de Trabajadores: Implica presentar un reclamo ante la compañía de seguros del empleador, lo que puede conducir a una mediación o audiencias para resolver disputas.  
  • Lesiones Personales: Requiere establecer negligencia y responsabilidad a través de investigaciones, negociaciones con compañías de seguros y, potencialmente, litigios en los tribunales. 

¿Por qué Contratar a Fielding Law? 

Fielding Law se distingue por ofrecer apoyo legal integral tanto para reclamos de lesiones de compensación laboral como para casos de lesiones personales. Nuestro equipo encarna un enfoque atento, amable y empático, a la vez que es altamente capaz en la defensa y estrategia legal. Con Fielding Law, usted tiene un socio de confianza que navegará por las complejidades de su caso con habilidad y compasión. Contáctenos al 833.88.SHARK para una consulta gratuita y permítanos guiarlo hacia la resolución que se merece. 

Nota: La información proporcionada es para fines educativos y no constituye asesoramiento legal. Siempre consulte con un abogado calificado para inquietudes legales.

questions about wrongful death

Frequently Asked Questions About Wrongful Death

By Wrongful Death

Losing a loved one is a painful experience, and when it happens due to someone else’s negligence or wrongful actions, it can be even more challenging to navigate the legal aspects. At Fielding Law, we understand the complexities of wrongful death cases and strive to provide clarity and support to those seeking answers. Here are some frequently asked questions (FAQs) about wrongful death:

What Is Wrongful Death?

Wrongful death refers to a situation where a person dies due to the negligence or misconduct of another party. This can include accidents, medical malpractice, or intentional harm.

Who Can File a Wrongful Death Claim?

In most cases, immediate family members such as spouses, children, and parents of the deceased can file a wrongful death claim. Some states also allow extended family members or dependents to file.

What Damages Can Be Recovered?

Damages in a wrongful death claim can include medical expenses, funeral and burial costs, lost income and financial support, and compensation for the emotional pain and suffering of survivors.

What Is the Statute of Limitations for Filing a Claim?

The statute of limitations varies by state but generally ranges from one to three years from the date of death. It is crucial to act promptly to avoid missing the deadline.

Do I Need an Attorney for a Wrongful Death Claim?

While it is possible to file a wrongful death claim without an attorney, having legal representation can significantly improve your chances of success. An experienced attorney can navigate the complexities of the legal process and advocate for your rights.

How Long Does a Wrongful Death Case Take?

The duration of a wrongful death case can vary widely depending on factors such as the complexity of the case, negotiations with insurance companies, and court proceedings. It is essential to have realistic expectations and patience throughout the process.

Why Hire Fielding Law

At Fielding Law, we understand that you may have questions about wrongful death. Our compassionate team is here to offer guidance, support, and legal expertise to assist you during this challenging time. We prioritize communication, transparency, and personalized attention to ensure that you achieve the best possible outcome for your case. Contact us at 833.88.SHARK to schedule a free consultation and discover how we can help you.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Child Sexual Abuse

Attorneys for Victims of Child Sexual Abuse

By Sexual Assault & Abuse

In a groundbreaking move for victims of child sexual abuse, Arizona has taken significant steps to reform the statute of limitations for survivors. This reform is creating new opportunities for healing, justice, and accountability. On May 27, 2019, Governor Doug Ducey signed into law Arizona’s victims’ rights bill, HB2466, resulting in the passing of ARS § 12-514. This new law offers renewed hope and a path to justice for survivors.

Arizona’s New Law: Addressing the Need for Change

A critical aspect of this new law was opening a one-time window suspending the statute of limitations for all claims. This allowed many survivors who were abused decades ago to file previously time-barred suits alleging child sexual abuse.

The Arizona victims’ rights bill includes the following key provisions:

  • Extended Age Limit: The age limit to bring a claim against a perpetrator has been extended by 12 years, from the current age of 20 to the new age of 30.
  • Temporary Filing Window: A temporary window was opened for survivors older than 30 to file civil claims against their perpetrators and the institutions that knew or had actual notice of misconduct that created an unreasonable risk of sexual abuse, regardless of when the abuse occurred.
  • Closing of Temporary Window: This temporary window closed on December 31, 2020, for survivors 30 years of age and older.

The Difference It Makes for Survivors

Governor Ducey stated, “We cannot overstate the pain and trauma suffered by victims of child sexual abuse. We know victims need time to process and understand what happened. They deserve the time to come forward.”

Recovering from sexual assault or abuse often takes years before the victim can come forward. Even after the physical damage has healed, a survivor’s mental scars may persist for a lifetime. Before this bill was passed, the statute of limitations was generally two years from the child’s 18th birthday. This limited the time to file a lawsuit against a sexual predator or the organization that employed or enabled that predator. This left many victims without recourse as they grew older. Now, survivors have more time to seek justice.

Holding Institutions Accountable

A troubling fact concerns how some institutions, businesses, and organizations have knowingly allowed abusers to continue working within their ranks, especially with children. If such an entity fails to take common-sense preventative measures, it may be found negligent. This negligence can make the institution or employer legally responsible for the harm to the child, in addition to the perpetrator.

Without enablers, abusers often would not have access to their victims. They wouldn’t have the credibility and trust gained through their employment. This trust frequently makes such abuse possible. The law permits employers to be held accountable if they fail to conduct basic background checks on employees who work with children or allow dangerous employees to remain in their positions.

Why It Is Important to Reach Out

If you were a victim of sexual abuse as a minor, it is vitally important that you reach out to us right away. There are many reasons to act promptly:

  • Witnesses tend to forget facts over time
  • Records can be destroyed
  • Entities may go out of business

If you wonder if Arizona’s new law will revive your claim, contact us for a free consultation. Your information will remain completely confidential.

Compassionate Legal Support

At Fielding Law, we are dedicated to fighting for justice and ensuring that survivors have the support and representation they need. Reach out to us today at 833.88.SHARK to learn more about your rights and options. We are here to guide you every step of the way, providing the compassionate and capable assistance you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

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