Tina Westveer

When a vehicle crashes into a business or property, determining liability is not always clear-cut. While the driver is often the primary party at fault, building owner liability in car crashes may also come into play under specific circumstances. Business and property owners need to understand when they could be held liable for damages or injuries resulting from these types of incidents.

Inadequate Safety Measures

One of the main reasons building owner liability in car crashes is established is due to a lack of adequate safety measures. Property owners have a responsibility to protect their building and its occupants from potential vehicle-related accidents. Failing to take proper precautions can lead to liability. Some common examples of inadequate safety measures include:

• No protective barriers (like bollards or guardrails)
• Poorly designed parking areas that make vehicle accidents more likely
• Missing or inadequate signage to guide drivers safely

If a crash could have been prevented by better safety measures, the building owner may be liable for damages.

Poor Property Maintenance

Property owners are also responsible for keeping their premises well-maintained. If poor maintenance contributes to a vehicle crash, building owner liability for a car crash may apply. Examples of negligent maintenance that could increase liability include:

• Uneven or cracked pavement that confuses or misguides drivers
• Overgrown landscaping or obstructed signage that reduces driver visibility
• Insufficient lighting in parking lots or driveways that impairs safe navigation

When a lack of proper maintenance plays a role in a vehicle colliding with a building, the owner could face liability for the resulting damage and injuries.

Legal Considerations for Building Owner Liability

In determining whether building owner liability for a car crash applies, several legal factors are taken into account. These include:

• The driver’s behavior and condition at the time of the accident
• Whether the property had known hazards or unsafe conditions
• If prior incidents occurred, signaling the need for additional safety measures

If it is determined that the building owner neglected to maintain the property or failed to implement proper safety precautions, they could be partially or fully liable for the damages.

Why Hire Fielding Law

Fielding Law understands the complexities of building owner liability in car crashes. Our experienced legal team provides empathetic and capable support to help clients navigate these challenging situations. Whether you are a building owner facing liability concerns or have been impacted by a crash, our team is here to guide you through the legal process. Contact Fielding Law at 833.88.SHARK for compassionate and skilled legal representation to protect your rights and secure 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.

When someone is injured and sues a third party for damages, a hospital lien may come into play. A California hospital lien is a legal claim that requires the defendant (the party being sued) to pay the hospital for medical services provided to the injured person. If the defendant settles the case without paying the hospital, they can still be held responsible for those medical costs.

California Hospital Lien Act

The California Legislature created the Hospital Lien Act to help hospitals recover costs for medical care given to patients who are pursuing claims against others. The lien can cover any emergency and ongoing medical care that the hospital provided. Even if there were gaps in treatment, the hospital might still be able to recover costs for all care provided.

It is essential to understand that the hospital lien applies only to money received from third parties, such as settlements or awards. It does not cover first-party claims, like underinsured motorist benefits.

Valid Notice Requirements

For a California hospital lien to be valid, the hospital must notify the defendant before any payment is made to the injured party. This notice must include:

1. Name and address of the injured person
2. Name and location of the hospital
3. Date of the accident
4. Amount claimed for medical care
5. Names of individuals or companies who may be liable

Reasonable and Necessary Charges

In California, the amount a patient can recover for medical expenses is based on what the hospital actually accepted as payment, not necessarily what they billed. This means if a hospital accepted a lower payment, the injured party can only claim that amount plus any copayments.

Because of this, it is vital to examine the charges the hospital is asserting. Make sure they are reasonable and related to the treatment of injuries caused by the accident.

Why Hiring an Attorney is Important

Navigating California hospital liens and personal injury claims can be complex and challenging. Hiring an attorney like Fielding Law ensures that your rights are protected. An experienced attorney can help:

• Communicate with the hospital to negotiate lower lien amounts.
• Ensure proper notice and documentation are handled correctly.
• Challenge unreasonable or excessive charges from the hospital.
• Assess whether the client truly owes any debt to the hospital based on various factors like insurance coverage.

With a caring and empathetic approach, Fielding Law is committed to maximizing your recovery and simplifying the process for you. You deserve support during this challenging time, and having a knowledgeable attorney on your side can make all the difference.

If you need assistance, do not hesitate to reach out to Fielding Law at 833.88.SHARK for a free consultation.

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

Bullying in schools is a serious issue, especially when it escalates to physical violence. Such violence can qualify as assault, leading to significant injuries for the victims—both physical and emotional. If you or your child has suffered injuries from bullying in a school setting, knowing who might be liable is crucial for pursuing a personal injury claim.

What Is Bullying as Assault?

Bullying involves repeated aggressive actions intended to intimidate or harm another person. When this behavior turns into physical violence, it can qualify as assault. Assault involves actions that cause someone to fear immediate harm or inflict physical injury. In a school setting, this can include:

• Physical Fights: Hitting, pushing, or any other physical contact meant to cause harm.
• Sexual Assault: Any unwanted sexual contact or advances.
• Severe Psychological Harm: In some cases, severe psychological abuse that results in physical injury can also be a basis for legal claims.

Who Can Be Held Liable for Injuries?

Several parties might be liable for injuries caused by bullying:

• The Bully: The person who engaged in the violent behavior can be held liable for the harm caused. Recovering damages from a minor might require pursuing claims against their parents or guardians.
• The School: Schools must provide a safe environment. If the school knew about the bullying but failed to act, it might be liable. This includes:
  • Negligent Supervision: If staff members were aware of the bullying but did not intervene.
  • Failure to Enforce Policies: Schools must have and enforce anti-bullying policies. Failure to do so can lead to liability.
• School District: The district may be responsible for systemic failures or inadequate policies that fail to address bullying effectively.
• Parents or Guardians of the Bully: In some cases, the bully’s parents or guardians might face liability, especially if they knew about the behavior and did nothing to stop it.

Steps to Take if Injured by Bullying

Follow these steps if bullying has led to injury:

1. Seek Medical Attention: Get medical help for any injuries and document all treatments.
2. Report the Incident: Inform school officials about the bullying. Ensure they take appropriate action to address and prevent further incidents.
3. Document Everything: Keep detailed records of the bullying incidents, including dates, descriptions, and any communication with school officials. Gather medical records and reports related to the injuries.
4. Consult an Attorney: Reach out to an attorney from Fielding Law to explore your legal options. Our experienced attorneys can guide you through filing a personal injury claim.

Proving Your Case

To win a personal injury claim for injuries from bullying, you must:

• Prove the Bullying Occurred: Provide evidence that bullying happened and involved physical violence.
• Show Liability: Demonstrate that the responsible parties, such as the school or the bully, breached their duty of care.
• Document Injuries and Damages: Show that the bullying caused physical or emotional injuries and outline the damages you suffered.

Compensation You May Be Entitled To

Winning your claim may entitle you to compensation for:

• Medical expenses
• Therapy and counseling costs
• Pain and suffering
• Lost wages (if applicable)
• Other related damages

Why Choose Fielding Law?

Fielding Law understands the impact bullying can have on students and families. Our attorneys offer compassionate, yet effective legal representation. We will work diligently to secure the compensation and justice you deserve.

Bullying as assault in schools involves serious legal issues. If bullying has resulted in injury, understanding potential liability and the necessary steps is essential for a successful personal injury claim. Contact Fielding Law today at 833.88.SHARK for a free consultation to discuss your case and protect your rights.

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

If you have a personal injury settlement and are a Medicare beneficiary, you may need to establish a Medicare Trust Set Aside (MSA). This legal arrangement ensures that money is reserved from your settlement to cover future medical expenses related to your injury. It is crucial to protect both your Medicare benefits and your settlement. Here is an explanation of how Medicare trust set asides work and why legal guidance is essential.

What is a Medicare Trust Set Aside?

A Medicare trust set aside is a financial arrangement that sets aside a portion of your personal injury settlement to cover future medical care costs related to your injury. This is necessary because Medicare will not pay for these expenses until the funds in the set-aside account have been exhausted.

When a settlement is reached, Medicare requires that a reasonable portion of it be allocated for future medical costs that Medicare would otherwise cover. This ensures that the burden of your medical expenses does not fall solely on Medicare.

When is a Medicare Trust Set Aside Necessary?

Not every personal injury settlement requires an MSA. However, if you meet certain criteria, setting one up may be mandatory. An MSA is typically required if:

• You are currently a Medicare beneficiary and receive a settlement for a personal injury.
• You expect to become a Medicare beneficiary within 30 months of the settlement and the settlement amount exceeds a specific threshold.
• Your injury will require future medical care that Medicare would otherwise cover.

Failing to establish an MSA when required could result in Medicare refusing to pay for future treatments, which could leave you covering these expenses out of pocket.

How Does a Medicare Trust Set Aside Work?

Once the settlement is reached, a portion of the money is placed in the MSA account. These funds are used solely to pay for future medical care related to your injury. The amount to be set aside is based on a calculation of your future medical needs, often determined by medical and legal professionals.

Medicare will only step in to cover your medical expenses after the funds in the MSA have been fully depleted. It is important to track all expenses accurately and ensure that the funds are spent properly, or you risk losing Medicare coverage for those medical costs.

Why You Need an Attorney for a Medicare Trust Set Aside

Setting up an MSA requires careful planning, and mistakes can lead to serious consequences. An attorney experienced in Medicare trust set asides can help you navigate the process and ensure that everything is handled correctly. Here’s why legal guidance is crucial:

1. Compliance with Medicare Rules

Attorneys ensure that your MSA complies with all Medicare regulations. This includes calculating the appropriate amount to be set aside and managing the paperwork required by Medicare.

2. Protecting Your Settlement

An attorney will work to ensure that only the necessary amount of your settlement is allocated to the MSA, leaving the rest for your other expenses, such as lost wages, pain and suffering, or future care not covered by Medicare.

3. Managing the MSA

An attorney can assist in creating a plan to manage the MSA, including how to track medical expenses and ensure that funds are spent correctly. This ensures that Medicare will cover your expenses when the set-aside is exhausted.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of Medicare trust set asides and can guide you through the entire process. Our caring and capable attorneys will work to protect your settlement while ensuring compliance with Medicare’s requirements. Let Fielding Law help you secure your future medical care and preserve your financial recovery. Call us at 833.88.SHARK today for a free consultation.

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

When navigating a personal injury claim, understanding federal ERISA liens is crucial. These liens can significantly affect your settlement and the amount you receive. Here, we will explain what federal ERISA liens are, what you need to know about them, and why having an attorney by your side is essential.

What Are Federal ERISA Liens?

Federal ERISA (Employee Retirement Income Security Act) liens arise from health insurance claims that your employer-sponsored plan pays on your behalf. When you pursue a personal injury claim, your health insurance may seek reimbursement for the medical expenses it covered. This is where ERISA liens come into play.

ERISA was established to protect employee benefits, including health insurance. If your health insurance plan is governed by ERISA, it has the right to assert a lien against any compensation you receive from your personal injury settlement. This means that a portion of your settlement could go towards repaying your health insurance provider.

What Do You Need to Know About Federal ERISA Liens?

Understanding how ERISA liens work is vital for anyone pursuing a personal injury claim. Here are key points to consider:

• Reimbursement Obligations: If your health insurance covered your medical bills related to your injury, it may be entitled to reimbursement from your settlement.
• Documentation: Proper documentation from your insurance provider is necessary to validate the lien. Without it, you may face challenges when settling your case.
• Negotiating Liens: An experienced attorney can negotiate the amount owed to your insurer, potentially reducing your repayment obligation.

Why an Attorney Can Help

Navigating federal ERISA liens can be complex. Here are several reasons why having an attorney is beneficial:

• Legal Expertise: Attorneys understand the intricacies of ERISA laws and can help interpret your rights.
• Negotiation Skills: A skilled attorney can negotiate with insurance companies on your behalf. They can often secure a better deal than you might obtain on your own.
• Avoiding Pitfalls: An attorney will help ensure that you do not overlook critical details that could jeopardize your claim or lead to a larger repayment obligation.

Why You Should Not Go It Alone

Handling a personal injury case without legal representation can be risky. Here are a few reasons why you should consider working with an attorney:

• Complex Legal Process: Personal injury claims involve various legal procedures, paperwork, and timelines. An attorney ensures that everything is handled correctly.
• Maximizing Compensation: Experienced attorneys know how to accurately value your claim, ensuring that you pursue the compensation you deserve.
• Protection Against Lowball Offers: Insurance companies often try to settle claims quickly for less than their value. An attorney will advocate for your best interests.

Why Choose Fielding Law?

At Fielding Law, we understand that dealing with federal ERISA liens and personal injury claims can be overwhelming. Our compassionate team is dedicated to guiding you through the process. We will work diligently to protect your rights and secure the compensation you deserve.

With our experience and knowledge, we can navigate the complexities of your case, including any liens that may arise. You do not have to face this alone.

Contact us at 833.88.SHARK for a free consultation. Let Fielding Law help you get the justice and 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.