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Tina Westveer

gavel on a table

Pre-Death Pain and Suffering Damages Ending Soon

By Personal Injury

What Are Survival Actions?

When someone gets hurt because of another person’s negligence and later passes away, their estate can bring a survival action. This claim is different from a wrongful death case. Wrongful death focuses on the family’s loss. A survival action focuses on the harm the person suffered before passing away.

What Changed Under CCP 377.34

For many years, families could not recover money for pre-death pain and suffering damages. Courts only looked at medical bills, lost wages, and other direct costs. As a result, the pain and hardship the person endured before death did not count in the case.

In 2022, lawmakers made a major change. They updated CCP 377.34 to allow families to pursue pre-death pain and suffering damages through survival actions. This gave families a stronger way to hold wrongdoers accountable. It also helped honor the suffering their loved one experienced.

Why This Matters Now

The new rule will expire on December 31, 2025. After that date, families may lose the right to seek pre-death pain and suffering damages in survival actions. Unless lawmakers extend the rule, this option will disappear.

Because of this deadline:

  • Families with pending claims need to act without delay.

  • Waiting too long could reduce the damages available.

  • Taking early action can help protect your rights.

Why Hire Fielding Law

At Fielding Law, we know how painful it is to lose a loved one. Legal deadlines and complex rules can make things even harder. Our caring and capable team will explain how the end of CCP 377.34 affects your case. We will fight to protect your rights and guide you each step of the way.

If you have questions about survival actions or pre-death pain and suffering damages, call 833.88.SHARK today.

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

September 30, 2025
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puddle of Grease Soap or Oil on pavement

Slipped on Grease, Soap, or Oil?

By Premises Liability, Slip or Trip and Fall

Slipped on grease, soap, or oil? You are not alone. These are some of the most common causes of falls in restaurants, grocery stores, parking lots, and gas stations. Property owners must take reasonable steps to clean up spills and post warning signs. When they fail to do so, innocent people get hurt. If this happened to you, preserving your clothing, shoes, and photo evidence could make the difference in your case.

Keep Your Clothes as Evidence

Slipping and falling in a public place is painful and disorienting—but what you do next could make or break your case. Whether it was grease from a kitchen, oil from a parking lot, or soap from freshly mopped floors, the substance you slipped in matters. Even more importantly, your clothing can hold key evidence.

After a fall, many people go home and wash their clothes. That is a mistake. Your clothing and shoes may hold residue, stains, or patterns that help prove what happened. These materials can support your claim that the property owner failed to maintain a safe environment.

How to Preserve Your Clothing

To protect the evidence, follow these simple steps:

  • Do not wash or clean your clothes or shoes

  • Place items in a paper bag—not plastic

  • Take clear photos of the clothing before storage

  • Avoid touching or brushing off the substance

Your clothing could help identify the slippery material and show how much was present. It may also indicate where and how the fall occurred.

Take Photos and Videos Right Away

If you can, document the area before leaving the scene. If you are injured and unable to do so, ask someone nearby to help. Photos and videos are powerful tools.

Be sure to capture:

  • The exact area where you fell

  • A close-up of the grease, soap, oil, or substance

  • Your shoes and clothing after the fall

  • A wide shot showing whether warning signs were posted

  • Contact information for any witnesses

  • Security cameras or nearby recording devices

This documentation can support your case and help your attorney prove that the property owner was negligent.

Understanding Liability in Arizona and California

Arizona and California both require property owners to keep their premises safe for visitors. That includes mopping spills promptly, posting visible warnings, and inspecting the area regularly. If an owner knew or should have known about a slippery substance and did nothing, they may be held legally responsible.

However, proving negligence requires strong, clear evidence—which is why preserving your clothing and documenting the scene are so important.

Why Hire Fielding Law

At Fielding Law, we understand how frustrating and overwhelming a slip and fall injury can be. You are dealing with pain, medical bills, and lost time—all because someone else failed to take proper care. Our team is here to help you rise together.

We treat each case with care, professionalism, and urgency. We are not a big, cold firm. We are focused on your recovery and your future.

Call 833.88.SHARK for a free consultation about your injuries. Contact Fielding Law today to speak with a slip and fall lawyer who will stand up for you.

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

September 30, 2025
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Teal background with Fielding Law shark jaw icon in the middle

Listserve Live Brings OCTLA Attorneys Together

By Firm News and Celebrations, Personal Injury

On September 25, 2025, the Orange County Trial Lawyers Association hosted its first-ever OCTLA Listserve Live event at The Park Club in Costa Mesa. What has long been a valuable online forum for plaintiff attorneys became an engaging in-person conversation, filled with meaningful discussion, collaboration, and shared strategies.

For two hours, plaintiff attorneys had the opportunity to connect face-to-face, ask real-time questions, and gain practical insight into the challenges they encounter in their cases. The room was filled with energy as familiar voices from the online listserv transformed into a dynamic panel discussion and open dialogue.

Clark speaking at OCTLA Listserve Live Clark Fielding on the Panel

Fielding Law’s founding principal, Clark Fielding, was honored to serve as one of the attorneys on the panel. Clark and his fellow presenters guided discussions that reflected the day-to-day realities of plaintiff work, including accident preparedness for future clients, consultation strategy, communication with clients, and navigating unique legal hurdles. Attorneys walked away not only with fresh ideas, but also with practical tools to implement immediately in their practices.

More Than a Networking Event

This groundbreaking plaintiff attorney networking event was designed exclusively for OCTLA plaintiff attorney members. Along with the open dialogue, attendees earned 1-Hour MCLE Credit, making the experience both informative and beneficial for professional growth. The structured format ensured that discussions remained practical, relevant, and focused on empowering attorneys to advocate effectively for their clients.

Why Events Like OCTLA Listserve Live Matter

At Fielding Law, we believe that collaboration strengthens advocacy. When plaintiff attorneys share knowledge and strategies, the entire community rises. Events like OCTLA Listserve Live highlight the value of connection, mentorship, and professional growth within the legal field.

Events like Listserve Live remind us that learning never stops. At Fielding Law, we bring that same dedication to every case, working tirelessly for our clients. If you need experienced, compassionate representation, call 833.88.SHARK today.

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

September 29, 2025
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Doctor with stethoscope around neck in green scrubs with arms crossed

Why Is Treating So Important to My Case?

By Personal Injury

Why Medical Treatment Matters After an Accident

Treatment in personal injury cases is critical for both your health and your legal claim. After an accident, you may feel tempted to put off seeing a doctor, especially if your pain seems minor. However, getting immediate care and following through with treatment provides vital protection for your body and strengthens your case.

Protecting Your Health

Many injuries do not reveal their full extent right away. Whiplash, concussions, and internal injuries can worsen if left untreated. Receiving medical treatment promptly allows doctors to catch hidden injuries and guide your recovery safely.

Establishing a Record of Your Injuries

Medical records form the foundation of treatment in personal injury cases. They prove the timing, severity, and ongoing effects of your injuries. Without consistent documentation, insurance companies may argue that your injuries are unrelated to the accident.

Showing Consistency and Commitment

Courts and insurance adjusters often evaluate whether an injured person followed medical advice. Gaps in treatment can harm your case, while consistent medical care shows that you are serious about your recovery and your claim.

Supporting the Value of Your Claim

Medical treatment also influences the financial side of your case. Regular care documents the true costs of your injuries, including doctor visits, therapy, and future care needs. These records help determine the compensation you may be entitled to receive.

Why Hire Fielding Law

At Fielding Law, we know how essential treatment in personal injury cases is to building a strong claim. Our team works closely with clients to ensure medical evidence is presented clearly and powerfully. We care about both your recovery and your future. If you or a loved one has been injured, call 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.

September 29, 2025
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Motorcycle on the side of a road

Who Can Recover After a Motorcycle Fatality?

By Motorcycle Accident, Wrongful Death

Motorcycle crashes are often severe. Motorcycle crashes are often severe. Riders have little protection, and drivers sometimes fail to see them due to limited visibility, so when a collision occurs the outcome can be tragic. Families are left grieving, and they may also face financial strain from medical costs, funeral expenses, and lost income. In California and Arizona, the law provides a way for certain family members to seek justice through a wrongful death claim.

Who Can Recover Damages in a Motorcycle Fatality Case

Not every relative is eligible to file a wrongful death claim. Each state has its own rules:

California:

  • A surviving spouse or domestic partner

  • Children or, if none, grandchildren

  • If no direct descendants, those who would inherit under California’s succession laws

Arizona:

  • A surviving spouse

  • Children

  • Parents or guardians

  • A personal representative on behalf of the estate

These laws aim to protect the people most directly affected by the loss.

What Damages May Be Recovered

A wrongful death claim may include both economic and non-economic damages. Examples are:

  • Medical bills related to the accident

  • Funeral and burial expenses

  • Loss of income and future financial support

  • Loss of love, care, guidance, and companionship

The exact recovery will depend on the circumstances and the evidence presented.

How to Pursue a Claim

The process of filing a wrongful death claim involves several important steps:

  1. Determining eligibility to file

  2. Gathering accident reports, witness statements, and medical records

  3. Calculating damages, including both financial and emotional losses

  4. Filing the claim within the statute of limitations, which is two years in Arizona and generally two years in California

Families often face aggressive insurance companies and legal teams that try to limit responsibility. Having an experienced motorcycle fatality lawyer is essential to protect your rights.

Why Hire Fielding Law

At Fielding Law, we understand the devastation that follows the loss of a loved one in a motorcycle accident. Our attorneys approach every case with compassion and dedication. We help families in California and Arizona navigate wrongful death claims so they can focus on healing while we fight for justice. To learn more or begin your case, call 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.

September 26, 2025
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a person sitting on a cliff with a dog standing next to them.

Bitten? Know California’s Dog Bite Law

By Dog / Animal Bite, Premises Liability

Understanding California’s Dog Bite Law

A dog bite can be both physically and emotionally traumatic. In California, the law is clear—dog owners are strictly liable for injuries caused by their pets, even if the dog has never bitten anyone before.

This means that if you were bitten in a public place or lawfully on private property, the dog’s owner is responsible for your injuries.

California Civil Code § 3342 sets this rule in place and provides important protections for victims.

What Does “Strict Liability” Mean?

Under strict liability, the dog owner is automatically responsible for the bite, regardless of whether:

  • The dog has a history of aggression

  • The owner knew the dog might bite

  • The owner tried to prevent the bite

The only requirements are that the victim was either in a public place or lawfully on private property (such as a guest or delivery worker). There is no need to prove that the dog owner was negligent.

Where and When This Law Applies

California’s dog bite law applies in many common situations:

  • Bites in public parks, sidewalks, or neighborhoods

  • Attacks on private property where the victim was invited

  • Bites that occur at a dog owner’s home or during a visit

  • Injuries to workers such as mail carriers or landscapers

It does not apply if the victim was trespassing, provoking the dog, or if the dog was a police or military dog performing its duties.

Injuries Covered by the Law

Dog bites can cause serious harm, including:

  • Deep lacerations or puncture wounds

  • Infection and scarring

  • Nerve damage or loss of function

  • Emotional trauma, including fear or PTSD

Even a single bite can result in emergency room visits, surgeries, and long-term recovery. The law allows victims to seek compensation for medical bills, lost wages, pain and suffering, emotional distress, and more.

What To Do After a Dog Bite

If you or your child has been bitten:

Speak with an attorney who understands personal injury and dog bite laws before accepting any settlement.

Why Hire Fielding Law

At Fielding Law, we understand the physical pain and emotional toll that dog bites can cause. Whether your case involves a child bitten at a neighbor’s home or an adult attacked in public, we take your injury seriously. Our team will guide you through the legal process with compassion, professionalism, and the experience needed to pursue maximum compensation.

We represent injured clients throughout California and Arizona. You do not have to go through this alone.

Contact Fielding Law 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.

September 24, 2025
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Clark Fielding sitting on a sofa for Top Lawyers

Clark H. Fielding Recognized Among Orange County’s Top Lawyers

By Firm News and Celebrations, Personal Injury

Clark H. Fielding, founding principal of Fielding Law, has been recognized as one of Orange County’s Top Lawyers in the October edition of Modern Luxury Riviera OC Magazine. This award highlights Clark’s dedication to providing skilled, compassionate legal representation to clients facing personal injury challenges. Click to read Clark’s feature.

Clark Fielding feature Top Lawyers in Riviera OC Fielding Law Recognized Across Orange County

In addition to Clark’s individual recognition, Fielding Law received several honors in 2025:

These accolades reflect the firm’s commitment to excellence, strategic advocacy, and client-focused service. They also highlight Fielding Law’s dedication to positively impacting both the legal community and the local area.

Commitment to Clients

Clark H. Fielding and the team at Fielding Law prioritize client care at every step. From the first consultation through case resolution, the firm ensures that clients receive guidance, attention, and assertive advocacy. These honors reinforce the firm’s reputation for professionalism, integrity, and ethical legal service.

Why Hire Fielding Law

Choosing Fielding Law means partnering with attorneys who are experienced, empathetic, and focused on achieving the best possible outcome. Our team provides thorough case evaluation, aggressive advocacy, and clear communication. We help clients navigate complex personal injury matters with confidence.

To schedule a consultation with Fielding Law, call 833.88.SHARK today.

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

September 23, 2025
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impaired vision driving. Roadway is blurry with surroundings having a motion blur

Injured by an Impaired Person

By Car Accident

Understanding Impairment and Injury

Injury-causing accidents involving impaired individuals are more common than many realize. Impairment can affect judgment, reaction time, motor skills, and decision-making. When a person is not fully alert or functioning normally, their actions can endanger others—whether behind the wheel, operating machinery, or even hosting an event.

Types of Impairment That Cause Injuries

Impairment can take many forms. Below are common types that may contribute to preventable injuries:

1. Alcohol Impairment

  • One of the most well-known forms.

  • Impaired drivers cause thousands of fatal crashes each year.

  • The NHTSA reports that 13,524 people died in alcohol-impaired crashes in 2022 alone.

2. Drug Impairment

  • Includes both illegal substances and prescription medications.

  • Even legal drugs like sleep aids, antidepressants, and painkillers can impair judgment or motor skills.

  • According to the CDC, marijuana is the most frequently detected drug in impaired drivers after alcohol.

3. Fatigue (Drowsy Driving)

  • Sleep deprivation mimics alcohol intoxication.

  • A driver who has been awake for 20+ hours has the same performance impairment as a driver with a 0.08% BAC.³

  • The National Safety Council estimates drowsy driving contributes to over 100,000 crashes every year.⁴

4. Medical Conditions

  • Conditions like epilepsy, diabetes (low blood sugar), and neurological disorders can impair awareness and cause sudden accidents.

  • Drivers are required by law to disclose these conditions to the DMV, but many fail to do so.

5. Mental Impairment

  • Anxiety, depression, and psychosis may affect a person’s ability to act safely and rationally.

  • These impairments may also contribute to workplace injuries, self-harm in public spaces, or endangerment of others.

What to Do if You Are Injured Due to Impairment

If you suspect impairment played a role in your accident or injury, here are the steps to take:

1. Call 911 Immediately
Get law enforcement and emergency services on the scene. Police can conduct field sobriety or drug tests.

2. Document the Scene
Take photos of damage, the location, people involved, and any visible signs of impairment (e.g., stumbling, slurred speech).

3. Get Medical Attention
Even if you feel okay, get checked. Some injuries may not present symptoms right away.

4. Speak with Witnesses
Ask anyone nearby if they noticed odd behavior before the incident—this can support your claim.

5. Contact Fielding Law
Do not navigate this alone. If someone’s impairment caused your injury, you may be eligible for compensation for medical bills, lost wages, and pain and suffering.

What This Means for You

Whether your injuries occurred in a car accident, at a public event, on private property, or at work, impairment can be a form of negligence. If the impaired person was acting irresponsibly—and their condition led to your injury—there may be a legal case against them and potentially other responsible parties, such as:

  • A bar or restaurant that over-served alcohol

  • A property owner who failed to monitor impaired guests

  • An employer who allowed an unfit employee to work

You do not have to prove the person meant to harm you—only that their impairment made them a danger to others and that it caused your injury.

Why Hire Fielding Law

If you or someone you love has been injured due to impairment, our team at Fielding Law is here to guide you with care and strength. We help victims understand their rights and pursue the maximum compensation available under the law. We are not a massive firm with gimmicks—we are a compassionate, capable team focused on getting real results for real people.

Call 833.88.SHARK or contact Fielding Law 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.

September 23, 2025
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cars driving on a highway at nighttime

Injured in a Nighttime Accident?

By Bicycle Accident, Car Accident, Pedestrian Accident

Why Are Nighttime Accidents So Dangerous?

Driving at night significantly increases the risk of a serious crash. Even though fewer vehicles are on the road after dark, studies show that a nighttime accident is more likely to result in serious injury or death. Reduced visibility, fatigue, and a higher rate of impaired or reckless drivers all contribute to the danger.

In both California and Arizona, nighttime crashes are especially common on freeways, poorly lit streets, and rural roads.

Common Causes of Nighttime Accidents

There are many factors that make nighttime driving risky. Some of the most common causes of nighttime accidents include:

When visibility drops and reaction time is reduced, even a small mistake can lead to a serious crash.

What This Means for You

If you were hurt in a nighttime accident, do not assume it is harder to prove what happened. Whether you were rear-ended, sideswiped, or hit while walking, an experienced attorney can investigate the circumstances and determine who is responsible.

You may be entitled to compensation for:

It is important to act quickly. Evidence such as roadway lighting, surveillance video, and witness statements can disappear if not preserved early in the process.

Why Hire Fielding Law

At Fielding Law, we understand the serious impact a nighttime accident can have on your life. We have experience with low-visibility crash cases and know how to uncover details others might miss. From the moment you call us, our team will work to protect your rights and hold the negligent party accountable.

We approach every case with compassion, professionalism, and a strong commitment to results.

If you or a loved one was injured in a nighttime accident,call 833.88.SHARKor 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.

September 22, 2025
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two people holding hands consoling each other after a catastrophic injury

Understanding Future Damages in Catastrophic Injury Cases

By Catastrophic Injury

What Is a Catastrophic Injury Lawyer’s Role in Future Damages in Catastrophic Injury Cases?

Catastrophic injuries have long-lasting physical, emotional, and financial effects. When someone suffers such a life-changing injury due to negligence, a catastrophic injury lawyer works to secure full compensation. This includes future damages in catastrophic injury cases—costs that extend far beyond immediate medical bills.

Understanding how future damages are calculated can help injury victims and their families navigate the legal process with confidence.

Types of Future Damages in Catastrophic Injury Cases

Future Medical Costs

Catastrophic injuries often require lifelong treatment. These costs may include surgeries, therapy, assistive devices, medications, and in-home care. Attorneys work with medical experts to estimate these ongoing expenses.

Loss of Future Earnings

If the injury prevents returning to work or reduces earning capacity, compensation for lost future earnings is essential. This considers factors like your career path, age, and experience.

Home and Vehicle Modifications

Many victims need home modifications to improve accessibility—such as ramps or stair lifts—and sometimes adapted vehicles. These are recoverable as part of future damages.

Long-Term Personal or Nursing Care

Some injuries require daily personal assistance or nursing care. These ongoing needs must be factored into the future damages claim.

Mental Health Support and Counseling

Psychological care may be needed long-term. A skilled catastrophic injury lawyer ensures this is included in the damages sought.

How Future Damages Are Calculated in Catastrophic Injury Cases

Estimating future damages in catastrophic injury cases involves collaboration with:

  • Medical professionals to outline treatment needs

  • Vocational experts to assess work limitations

  • Economists to project future costs and inflation

These reports provide a detailed and realistic estimate to support your claim.

Why Future Damages Matter

Future damages often represent the largest portion of compensation in catastrophic injury cases. Insurance companies may undervalue or ignore these costs to limit payouts. Without proper legal support, victims may accept settlements that do not cover their long-term needs.

Having an attorney who understands future damages in cases protects your financial future.

Why Hire Fielding Law

At Fielding Law, we recognize that the effects of catastrophic injuries last a lifetime. Our team works closely with experts to build strong cases that fully reflect your future damages. We fight for the compensation you need to secure care, modify your home, and protect your financial well-being.

Call 833.88.SHARK today to schedule a free consultation with a catastrophic injury lawyer dedicated to helping you.

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

September 19, 2025
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