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Tina Westveer

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Ryan Cooper Chapman Law Panelist at Admitted Students Day

By In the Community

Ryan Cooper, senior attorney at Fielding Law attorney and a proud alumnus of Chapman University Fowler School of Law, participated in an alumni panel at the Admitted Students Day event on Saturday. As a former student of the school, Ryan shared valuable insights about his journey from law student to practicing attorney, providing prospective law students with a glimpse of what to expect at Chapman Law and how the institution shaped his career.

Ryan Cooper’s Experience on the Alumni Panel

Ryan Cooper, alongside other Chapman alumni, faculty, and current students, took part in a panel discussion designed to offer future law students a closer look at the Chapman Law experience. “I always enjoy returning to campus.” Ryan said. “I’m proud of the foundation that Chapman gave me, and it was great to share that with the next generation of law students.”

The day also included a campus tour, mock law classes, and presentations from faculty members. However, it was Ryan’s perspective as an attorney and Chapman Law alumnus that provided a unique and inspiring viewpoint for attendees.

ryan cooper on a panel at Fowler School of Law

Photo from Chapman University Fowler School of Law Linkedin

A Continued Connection to Chapman Law

Chapman University Fowler School of Law posted photos from the event, including one of Ryan participating in the panel. Ryan proudly reposted this photo, continuing his support for the school that helped him launch his legal career.

At Fielding Law, we are proud to have Ryan Cooper as part of our team, where he combines the lessons learned from Chapman Law with his commitment to serving clients with excellence.

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

road closed sign in an Arizona desert

What Is Arizona’s “Stupid Motorist Law”?

By Personal Injury

Arizona is known for its monsoon season, which brings heavy rains and flash flooding. Many drivers underestimate the power of floodwaters, leading to dangerous—and sometimes fatal—situations. To discourage reckless behavior, Arizona enforces the Stupid Motorist Law,” which holds drivers financially responsible if they ignore road closure signs and require rescue. While this law is meant to prevent reckless driving, it also presents unique dangers for motorists.

What Is Arizona’s “Stupid Motorist Law”?

Arizona Revised Statute §28-910, commonly known as the “Stupid Motorist Law,” applies to drivers who enter flooded roadways that have been marked with barricades or warning signs. If emergency responders must rescue the driver, they can be held financially responsible for the cost of the rescue.

The law aims to prevent unnecessary risks, protect first responders, and reduce taxpayer costs. However, it also presents unintended dangers for motorists.

What Are the Risks of the “Stupid Motorist Law”?

While the law encourages safer driving, it may also create unique dangers for motorists, including:

  • Hesitation During Emergencies: Some drivers may fear financial consequences and attempt to escape floodwaters on their own instead of calling for help, putting themselves in greater danger.
  • Misleading Road Conditions: Floodwaters can rise quickly, and a previously safe road may become impassable in seconds, trapping unaware drivers.
  • Potential Insurance Issues: Drivers who are deemed liable under this law may have difficulty getting their insurance to cover damages or rescue costs.
  • Legal Confusion: Some drivers may not realize they are violating the law if barricades have been moved or if a roadway appears passable at first glance.

What Happens If You Are Rescued Under the Law?

If you are rescued after driving through a barricaded flooded road, you may face:

  • Financial Penalties: You could be required to reimburse emergency services for the cost of your rescue.
  • Traffic Citations: You may receive a fine or other penalties for reckless driving.
  • Increased Insurance Rates: Your insurance provider may increase your premiums or deny coverage for vehicle damage.

How Can Drivers Avoid Violating the Law?

To stay safe and avoid liability under the “Stupid Motorist Law,” follow these precautions:

  1. Turn Around, Do Not Enter: Never drive through a flooded roadway, even if it looks shallow.
  2. Follow Weather Alerts: Arizona’s monsoon season can change conditions rapidly, so check for warnings before driving.
  3. Obey Road Closure Signs: If a road is barricaded, find an alternate route.
  4. Do Not Assume You Can Make It: Floodwaters can be deceptive—just six inches of moving water can knock an adult off their feet, and 12 inches can carry away a small car.
  5. Seek Higher Ground If Trapped: If floodwaters begin rising around your vehicle, leave the car and move to a higher, safe location if possible.

Why Hire Fielding Law?

Navigating Arizona’s traffic laws, including the “Stupid Motorist Law,” can be complicated—especially if you are facing fines, insurance disputes, or personal injury claims after a flood-related accident. At Fielding Law, we help motorists understand their rights and explore legal options after unexpected roadway incidents.

If you need legal guidance after a flood-related accident, contact 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.

delivery driver getting out of van holding a package

What Happens If a Delivery Driver Hits You?

By Car Accident, Rideshare Accident

What Happens If a Delivery Driver Hits You?

Delivery drivers from companies like Amazon, Uber Eats, and DoorDash are constantly on the road, making fast deliveries to meet customer demands. Unfortunately, this increase in traffic also leads to a higher risk of accidents. If you have been hit by a delivery driver, you may be wondering who is liable and how you can seek compensation.

Who Is Responsible If a Delivery Driver Hits Me?

Liability in a delivery driver accident depends on several factors, including the driver’s employment status and whether they were on duty at the time of the crash. In many cases, liability could fall on:

  • The delivery driver – If the driver was negligent, such as running a red light or speeding, they could be personally liable.
  • The delivery company – Some companies provide insurance coverage for their drivers while they are working.
  • A third party – If another driver or hazardous road conditions contributed to the crash, liability may be shared.

Does Amazon Cover Accidents Caused by Its Delivery Drivers?

Amazon has different types of drivers, which impacts liability:

  • Amazon Flex Drivers – These drivers are considered independent contractors and use their own vehicles. Amazon provides liability coverage when they are actively making deliveries.
  • Amazon DSP (Delivery Service Partner) Drivers – These drivers work for third-party companies that contract with Amazon. In these cases, the DSP company may be responsible for the accident.

If an Amazon driver was off the clock at the time of the accident, their personal auto insurance would likely apply.

What If an Uber Eats or DoorDash Driver Hits Me?

Food delivery drivers for Uber Eats and DoorDash use their personal vehicles, but both companies offer insurance coverage in certain situations:

  • Waiting for an Order: The driver’s personal insurance applies unless they have a special rideshare or delivery insurance policy.
  • En Route to Pick Up or Deliver Food: The company’s liability insurance may provide coverage, typically up to $1 million in damages.

If the delivery driver was off-duty, only their personal insurance would apply.

What Damages Can I Recover After a Delivery Driver Accident?

If a delivery driver caused your accident, you may be entitled to compensation for:

The amount of compensation will depend on the severity of your injuries and the insurance policies involved.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of delivery driver accidents. Determining liability can be challenging, especially when large companies like Amazon, Uber Eats, and DoorDash are involved. Our team is dedicated to helping you seek the compensation you deserve.

If you have been injured in a delivery driver accident, contact 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.

San Clemente High School Girls Softball team logo with white softball in the background over water texture for sponsorhip

San Clemente High School Girls Softball and Fielding Law: A Winning Team

By Firm News and Celebrations, In the Community

Supporting San Clemente High School Girls Softball

At Fielding Law, we are proud to sponsor San Clemente High School Girls Softball. These athletes show what it means to work hard, support their team, and represent their school with pride. As a local law firm, we value dedication, resilience, and leadership. We see those qualities in every swing, practice, and game.

Why We Support Local Student-Athletes

Supporting high school sports goes beyond banners and logos. It is about giving back to the families and students who strengthen our community. The San Clemente High School Girls Softball team is made up of driven athletes. They learn life lessons on the field—teamwork, responsibility, and the importance of showing up when it matters most.

Supporting teams like this helps create a future of strong leaders who carry these values with them wherever they go.

Investing in Tomorrow’s Leaders

At Fielding Law, we believe today’s student-athletes are tomorrow’s leaders. By sponsoring teams like San Clemente High School Girls Softball, we invest in more than just sports. We help build confidence, character, and community. These athletes learn to show up, work hard, and lead with integrity. This foundation will last far beyond high school. We are proud to support them as they grow into the best versions of themselves.

Follow the Lady Tritons This Season

Follow the team on Instagram at @schsladytritonsoftball to stay up to date with the season’s excitement. From game-day highlights to special moments, their account is the perfect way to cheer them on.

We are proud to support their journey and look forward to watching the San Clemente High School Girls Softball team grow and thrive.

Learn More About Our Sponsorships

San Clemente High School Girls Softball is just one of many local teams and organizations we are proud to support. To learn more about how we give back to the communities we serve, visit our Community Sponsorship Page.

We are always looking for ways to stay involved and uplift the people and programs that make a difference.

What Fielding Law Does

At Fielding Law, we help people who have been injured due to someone else’s negligence. Whether you were hurt in an accident, injured while walking, or dealing with the aftermath of an injury, we are here to help. Our experienced legal team listens with compassion and fights with purpose.

We are not a large, impersonal firm. At Fielding Law we focus on integrity and delivering real results, without relying on gimmicks. If you or a loved one has been injured, call 833.88.SHARK or contact Fielding Law 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.

A dalmation dog mouth open to bite a treat

Dog Bite Injuries: Frequently Asked Questions

By Personal Injury

If you have been bitten by a dog, it is essential to act quickly to reduce the risk of infection and ensure your safety.

  1. Clean the wound – Wash the bite with soap and water immediately to reduce the risk of infection.
  2. Apply pressure – If the bite is bleeding, apply clean cloths or gauze to stop the bleeding.
  3. Seek medical attention – Even if the bite seems minor, it is vital to see a healthcare provider to assess the wound and determine if you need stitches, a tetanus shot, or antibiotics.

Can I sue for a dog bite?

Yes, you can sue for a dog bite injury. The owner of the dog may be held responsible for your injuries if they were negligent in controlling their pet. In many cases, dog owners are liable for injuries caused by their dogs, especially if the dog has a history of aggression or if the owner failed to take reasonable precautions.

How much is a dog bite lawsuit worth?

The value of a dog bite lawsuit depends on several factors, including the severity of the injury, medical costs, lost wages, pain and suffering, and any long-term effects such as scarring or psychological trauma. Settlements for dog bite injuries can vary greatly, and a lawyer can help you assess the potential value of your case.

Who is responsible for a dog bite injury?

In most cases, the dog’s owner is responsible for the dog bite. The responsibility may extend to landlords or property owners if the dog was kept on their property and they failed to ensure the dog’s safety. If the bite occurred in a public place, local laws and ordinances may come into play in determining liability.

What are the symptoms of an infected dog bite?

Dog bites can lead to infections if not treated properly. Symptoms of an infected dog bite include:

  • Redness and swelling around the wound
  • Increased pain or tenderness
  • Pus or drainage from the wound
  • Fever
  • Red streaks near the bite area

If you experience any of these symptoms, seek medical attention immediately.

What legal steps should I take after a dog bite?

If you have been bitten by a dog, it is important to take the following legal steps:

  1. Report the incident – Notify local authorities about the dog bite, especially if the dog is unknown or the owner is uncooperative.
  2. Document the injury – Take photos of the wound and keep records of your medical treatment.
  3. Contact a personal injury attorney – A lawyer can help you understand your legal rights, negotiate with insurance companies, and represent you if you decide to pursue a claim.

Do I need a lawyer for a dog bite claim?

While you do not need a lawyer to file a dog bite claim, having legal representation can significantly improve your chances of receiving fair compensation. A lawyer can help you navigate the legal complexities, gather evidence, and advocate on your behalf.

What are the statutes of limitations for dog bite claims?

The statute of limitations for dog bite injuries varies by state. In California, the statute of limitations for personal injury claims, including dog bites, is two years from the date of the injury. In Arizona, the statute of limitations is also two years. It is essential to act quickly to ensure you do not miss the deadline to file your claim.

Can a dog bite cause long-term damage?

Yes, dog bites can cause long-term damage, including:

  • Scarring – Bites to the face, arms, or hands may lead to permanent scarring, which can require surgery.
  • Nerve damage – If the bite affects nerves, it can cause numbness or long-term pain.
  • Psychological trauma – Many people experience emotional trauma from dog bites, leading to conditions like post-traumatic stress disorder (PTSD), anxiety, and fear of dogs.
  • Infections – Serious infections like tetanus or rabies can cause long-term health problems if not treated.

What kind of doctor should I see for a dog bite?

If you have been bitten by a dog, you should see a healthcare provider as soon as possible. For a dog bite injury, a general physician, urgent care doctor, or even a specialist (such as a plastic surgeon for more severe injuries) can assess the damage and recommend treatment. In some cases, a rabies vaccination may be necessary, depending on the dog’s vaccination history.

How do I prove a dog bite case?

To prove a dog bite case, you will need evidence such as:

  • Medical records showing the extent of the injury and treatment
  • Photographs of the injury
  • Eyewitness testimony (if applicable)
  • Documentation of the dog’s history of aggression or dangerous behavior
  • Police reports or animal control records

Your attorney can help you gather and present this evidence to strengthen your case.

Why hire Fielding Law?

At Fielding Law, we are dedicated to helping victims of dog bites receive the compensation they deserve. Our experienced team is committed to providing compassionate, effective legal representation. If you have been bitten by a dog, we can help you navigate the legal process, ensure your rights are protected, and fight for the compensation you need for medical bills, lost wages, and pain and suffering.

For expert assistance with your dog bite claim, contact Fielding Law 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.

female minor driving a car

What Happens When a Minor Causes an Accident?

By Car Accident

Understanding Liability When a Minor Causes an Accident

Being involved in an accident is already stressful, but when the at-fault driver is a minor, it can add an extra layer of complexity. Minors are not always held fully responsible for their actions under the law, and liability often extends to their parents or legal guardians. If you were hit by a minor, understanding your legal options is essential.

Holding Parents Accountable

Many states have parental responsibility laws that allow accident victims to seek compensation from the parents or guardians of a minor who caused an accident. These laws typically cover cases where a minor’s negligence results in property damage or personal injury.

  • In California, parents can be held liable for damages caused by a minor’s willful misconduct, including car accidents.
  • In Arizona, parental responsibility laws extend to damages caused by a minor’s negligence in motor vehicle incidents.
  • While these laws may limit how much parents are required to pay, they do not eliminate their responsibility entirely.

Insurance Coverage Options

If you were hit by a minor, insurance coverage plays a key role in determining compensation. Several factors influence how a claim may proceed:

  1. Auto Insurance Policies – If the minor was driving a parent’s insured vehicle, the parent’s auto insurance policy will generally cover damages. However, if the minor was driving without permission or using an uninsured vehicle, coverage may be limited or denied.
  2. Homeowners’ Insurance – If the accident involved a minor on a bicycle or another non-motorized vehicle, the parents’ homeowners’ insurance policy may provide some coverage.
  3. Umbrella Policies – Some families carry umbrella insurance, which offers additional liability coverage beyond standard auto and homeowners’ policies.

Can You Sue a Minor Directly?

In most cases, minors cannot be held personally liable for accidents. Instead, legal action is typically directed at their parents or guardians. However, if the minor was engaging in reckless or illegal behavior, a court may hold them directly responsible.

Steps to Take If You Were Hit by a Minor

If you were injured in an accident caused by a minor, follow these steps to protect your rights:

  1. Call the Authorities – Report the accident to law enforcement and ensure a police report is filed.
  2. Gather Evidence – Take photos of the scene, document any injuries, and collect witness statements if possible.
  3. Seek Medical Attention – Even if you feel fine, some injuries take time to appear. A medical evaluation can help document your condition.
  4. Contact an Attorney – Dealing with insurance companies and parental liability laws can be complicated. Fielding Law can help ensure you receive the compensation you deserve.

Why Hire Fielding Law?

At Fielding Law, we specialize in handling complex liability cases, including those involving minors. Our compassionate and skilled legal team is dedicated to helping accident victims recover the compensation they need. If you were hit by a minor and have questions about your legal options, contact us today at 833.88.SHARK for a free consultation.

Understanding your rights after an accident involving a minor can make all the difference in securing a fair outcome. Let Fielding Law guide you through the process.

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

UCI Logo on a water background.

Fielding Law Celebrates 3rd Year of UCI Baseball Sponsorship

By Firm News and Celebrations, In the Community

A Partnership Rooted in Passion

For the third consecutive year, Fielding Law is honored to continue our UCI Baseball Sponsorship, reinforcing our belief in dedication, teamwork, and perseverance. This partnership is more than a sponsorship—it is a celebration of the values that shape both great athletes and strong legal advocates.

Our connection to UCI runs deep, with Ryan Cooper, our Senior Attorney, and Zeke Bellino, our Lead Case Resolution Specialist, both proud Anteater alumni and former UCI Baseball players. They know firsthand the impact of hard work, resilience, and the lifelong lessons learned on the field. These are the same qualities we bring to every case, fighting for our clients with the same drive and commitment that define UCI Baseball.

Supporting Excellence Beyond the Game

Baseball is more than just a sport—it is a proving ground for character, leadership, and perseverance. The UCI Baseball Sponsorship is about more than just supporting a team; it is about investing in young athletes who demonstrate determination and a relentless pursuit of success. The UCI Anteaters continue to inspire with their dedication, teamwork, and excellence, consistently competing at the highest level in the Big West Conference. Their commitment mirrors our own: pushing boundaries, overcoming challenges, and striving for success.

At Fielding Law, we believe in giving back to the communities that have shaped us. Through our UCI Baseball Sponsorship, we help provide essential resources for student-athletes, ensuring they have the tools they need to thrive. Seeing these young players chase their dreams reminds us why we do what we do—standing by those who need support, whether on the field or in the courtroom.

Fielding Law: Committed to Your Success

Our Shark Jaw logo will once again be a proud fixture at UCI Baseball games, symbolizing our dedication to excellence, both in sports and in law. Just as UCI Baseball fights for every inning, we fight for every client, offering unwavering support and a winning strategy.

When you need a legal team that stands behind you, Fielding Law is here. Call us at 833.88.SHARK—because your victories, on and off the field, matter to us.

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

Doctor with a folder of Pre-existing-Conditions

Can Pre-existing Conditions Affect Recovery?

By Personal Injury

Being involved in an accident can be stressful, and when you have pre-existing conditions, you may wonder how this will affect your recovery. The good news is that you are not alone, and there are ways to handle these concerns with the help of a capable and compassionate attorney.

We will guide you through what to expect if you are injured in an accident while dealing with pre-existing conditions, and how Fielding Law can help you navigate this situation.

How Pre-existing Conditions Can Affect Your Recovery

When you already have a medical condition, recovering from an accident may be more complicated. Here are some ways that pre-existing conditions can impact your recovery:

  • Slower Healing Time: Injuries may take longer to heal if you already have a condition that affects your mobility, strength, or overall health.
  • Increased Risk of Complications: If your pre-existing condition is related to your bones, joints, or organs, there is a higher risk of complications during recovery.
  • Chronic Pain: If you live with chronic pain, an accident could worsen your condition, making recovery more difficult.
  • Pre-existing Conditions Can Be Considered in Your Case: In legal terms, this is often called the “eggshell plaintiff” rule. It means that even if your injury is worsened by a pre-existing condition, the responsible party is still liable.

What You Should Be Aware Of

If you are injured in an accident and have pre-existing conditions, here are a few things to keep in mind:

  • Medical Records Are Crucial: Keep detailed medical records to show how the accident has impacted your pre-existing condition.
  • You Do Not Have to Accept Lower Compensation: A pre-existing condition does not reduce your entitlement to fair compensation for injuries and expenses.
  • Consult a Specialist: See a doctor who specializes in your injuries to create the best recovery plan.

Why Hire Fielding Law?

At Fielding Law, we understand that every case is unique, especially when pre-existing conditions are involved. Our team will carefully review your situation, gather necessary medical evidence, and fight for the best possible outcome. We are here to support you through the complexities of your case, providing compassionate guidance every step of the way.

If you are dealing with a personal injury and pre-existing conditions, do not hesitate to reach out to Fielding Law. Call us today at 833.88.SHARK to schedule your free consultation. Let us help you recover and get 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.

Two people loading a large object into a van for safe transport

How to Safely Move Oversized Items

By Car Accident, Premises Liability, Truck Accident

Picture this: You find the perfect couch for your living room, but there is just one small problem. It is twice the size of your car. Many people face this challenge, leading to some questionable transport attempts. We have all seen it, whether we realized it or not. From strapping a mattress to a sedan to wedging a refrigerator into a trunk, people often think it is a quick fix. Unfortunately, this can lead to unsafe loading, property damage, or costly fines.

The safe transport of large objects requires more than just rope and hope. By using the right equipment and following legal guidelines, you can ensure a smooth and secure move.

Know the Legal Requirements

Transporting an oversized load involves more than logistics. It is also about following the law and keeping the road safe.

  • Do not push the limits. Exceeding legal weight or size restrictions can make you liable if an accident occurs.
  • Stay aware of your surroundings. Loads that shift or obstruct your view put you and others in danger on the road.
  • Use proper safety markers. When an item extends past your car’s edges, you are legally required to display red flags or warning signs.

Being proactive and understanding these rules can reduce risks and make the journey safer for everyone.

Use Proper Equipment for Safe Transport

A sudden stop or sharp turn can cause an unsecured load to slide, tip, or fall. The right equipment helps keep everything in place and prevents road hazards.

  • Pick a sturdy transport method. Roof racks, trailers, and truck beds provide better support for oversized loads.
  • Fasten everything tightly. Tie-down straps, ratchet straps, and bungee cords keep items secure, even on bumpy roads.
  • Use extra protection. Blankets or padding prevent fragile items from breaking or shifting.
  • Do not overload. Exceeding weight limits can make a car harder to control, increasing the risk of accidents.

Consider Professional Assistance

When in doubt, call the pros. Sometimes, the safest choice is leaving oversized transport to professionals. Experts know how to secure and move large items without unnecessary risks.

  • Moving companies specialize in heavy lifting, reducing the chance of damage or injury.
  • Renting a larger vehicle can be more cost-effective than squeezing a large item into a small car.
  • Retailers often provide delivery services, making transportation easier and safer.
  • Professionals ensure compliance with transport laws, preventing legal and financial consequences.

Prioritize Safety with Fielding Law

Do not let a DIY move turn into a legal battle. Strapping a couch to the roof with a few bungee cords might seem like a smart shortcut, but it could lead to serious consequences. Safe transport of large objects requires planning, the right equipment, and attention to the law.

However, if you or a loved one are injured due to someone else’s failure to secure a load properly, legal help is always available. Our team at Fielding Law is committed to helping you navigate the emotional and legal challenges after an accident. Contact us at 833.88.SHARK for a free, no-obligation consultation. We are here to help you every step of the way.

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

A woman sitting on a chair. Showing emotional distress. She has her hands covering her face and another woman sitting next to her consoling her.

How Can I Recover for Emotional Distress Claims?

By Car Accident, Catastrophic Injury, Dog / Animal Bite, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury, Wrongful Death

Life can change in an instant. The emotional impact of an accident or traumatic event can last far longer than physical injuries. At Fielding Law, we understand the pain you are feeling. If you are considering emotional distress claims, it is important to know what steps you need to take. We are here to help you through this process with care and confidence.

What is Emotional Distress?

Emotional distress is mental suffering caused by someone else’s careless or harmful actions. Many different situations can lead to emotional distress, including:

Emotional distress may show up as anxiety, depression, or post-traumatic stress. These feelings are real and valid, and the law may allow you to seek compensation.

What You Need to Prove

To file an emotional distress claim, there are key things you must show. This process may feel stressful, but the right legal support can make it easier.

Here is what is often required:

  1. Negligent or intentional conduct
    You must show that another person acted in a way that caused you harm.

  2. Severe emotional suffering
    Your emotional pain must be serious. It must affect your daily life in a major way.

  3. Medical evidence
    Support from a doctor, therapist, or counselor can help prove your emotional suffering.

  4. Clear connection to the event
    You need to show that the distress is directly related to the harmful event.

Gathering these details can take time, but you do not have to do it alone. With the right guidance, emotional distress claims can give you the support you need to begin healing.

Can You Claim Emotional Distress as a Personal Injury Victim?

Yes, as a personal injury victim, you may file an emotional distress claim even if you do not have a physical injury. While emotional distress is often linked to physical harm, it is not required to file a claim in personal injury cases.

For example, if you have been in an accident and experienced significant emotional suffering, such as anxiety, depression, or post-traumatic stress, you may be eligible to claim emotional distress. This could apply even if your injuries are not visible or physically debilitating.

However, proving emotional distress in a personal injury case can be challenging. You will need to demonstrate the severity of your emotional suffering and show how it impacts your daily life. Medical evidence from a therapist or counselor will often be necessary to support your claim. The defendant’s actions, such as negligence or intentional harm, will also be an important factor in determining the validity of your claim.

While emotional distress claims are more subjective than physical injury claims, they are still an essential part of seeking justice as a personal injury victim. With the right support from Fielding Law, you can effectively pursue compensation for your suffering.

Is it Hard to Recover for Emotional Distress?

Recovering for emotional distress can be more difficult than for physical injuries. The reason for this is that emotional suffering is not always visible. Unlike physical injuries, emotional distress does not have clear, tangible evidence like broken bones or scars.

Because emotional distress is subjective, proving the extent of your suffering can be challenging. You must show that your emotional pain is severe enough to warrant compensation. This often involves providing medical records and testimony from mental health professionals.

In some cases, the defendant or their insurance company may argue that your distress is not as severe as you claim or that it is unrelated to the event. This makes the process of recovering for emotional distress more complicated. However, with the support of an experienced attorney like Fielding Law, you will have a better chance of presenting a strong case.

When to Contact Fielding Law

Speaking with an attorney early on is important. The sooner you contact Fielding Law, the sooner we can protect your rights. We can help gather the evidence, handle communication with insurance companies, and build your case with care.

At Fielding Law, we do more than just handle your case. We listen to your story and provide the support you need during difficult times. Our team is experienced, kind, and ready to fight for the justice you deserve. Call 833.88.SHARK today for a free consultation.

Emotional distress claims are complex, but you should not have to face them alone. Let us help you take the next step forward.

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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