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What is Assumption of Risk?

By Bicycle Accident, Car Accident, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Personal Injury, Skate & Skateboarding Accident, Ski & Snowboard Accident

In the world of personal injury law, the concept of assumption of risk is crucial. It refers to a legal doctrine that may affect your ability to recover damages after an injury. At Fielding Law, we want to help you understand what assumption of risk is and how it may impact your situation.

What is Assumption of Risk?

Assumption of risk occurs when an individual knowingly and voluntarily exposes themselves to a dangerous situation or activity. By participating in the activity, the individual acknowledges the inherent risks involved. This acknowledgment can limit or eliminate liability for another party in case of injury.

Types of Assumption of Risk

Assumption of risk is typically divided into two categories: express and implied.

Express Assumption of Risk

Express assumption of risk occurs when a person explicitly agrees to accept the risks involved in an activity. This agreement is often documented through a waiver or release form. Common examples include:

  • Sports Activities: Athletes may sign waivers before participating in high-contact sports, acknowledging the risks involved.
  • Recreational Activities: Participants in activities like rock climbing or zip-lining often sign releases to acknowledge potential dangers.
Implied Assumption of Risk

Implied assumption of risk arises from a person’s actions rather than explicit agreement. This can occur when an individual engages in an activity that is inherently risky, such as:

  • Riding a Bicycle: When a person chooses to ride a bicycle, they acknowledge the risks involved, such as falls and collisions with vehicles. Cyclists must follow traffic laws and stay aware of their surroundings. If injured while riding recklessly or without a helmet, their ability to claim damages may be affected.
  • Driving a Car: Similarly, when someone decides to drive a car, they accept risks like accidents and mechanical failures. Drivers must adhere to traffic laws and be mindful of road conditions. If an accident occurs due to negligence or reckless behavior, recovering compensation can be more challenging.

How Does Assumption of Risk Affect Personal Injury Claims?

If you are injured while participating in an activity that involves an assumption of risk, the ability to claim damages may be affected. Here are some key points to consider:

  • Limited Liability: If a waiver is in place, the party responsible for the activity may not be held liable for injuries, even if negligence is involved.
  • Proving Negligence: If you assumed the risk voluntarily, you may need to prove that the other party was grossly negligent or acted outside the scope of normal risks associated with the activity.

How to Protect Yourself

Understanding assumption of risk can help you navigate potential hazards effectively. Here are some tips to protect yourself:

  • Read Agreements Carefully: Before signing any waiver or agreement, ensure you understand the risks involved. Look for any clauses that may limit your rights.
  • Know Your Limits: Be aware of your own physical abilities and limitations. Avoid activities that may pose excessive risks to your health and safety.
  • Document Your Experience: If you are injured, gather evidence to support your claim. This may include photographs, witness statements, and medical records.

Why Choose Fielding Law?

At Fielding Law, we understand that legal matters can be daunting. Our team is dedicated to helping you navigate complex legal concepts like assumption of risk. We provide compassionate and capable legal representation, ensuring your rights are protected.

If you have questions about your personal injury claim or need guidance on how assumption of risk may apply to your situation, contact Fielding Law at 833.88.SHARK. 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.

February 17, 2025
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Personal Injury guide

Guide to Personal Injury 101

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Accidents can happen at any time, leaving you with more than just physical scars. The pain and recovery process can be difficult, but the legal aspects can feel just as overwhelming. If you are considering filing a claim, understanding the process is important. This guide to Personal Injury 101 will walk you through the basics, from determining if you have a valid case to the steps involved in seeking compensation.

Personal Injury Guide

Personal injury law protects individuals hurt due to someone else’s negligence. Suffering an injury can be overwhelming, physically and emotionally. Beyond the pain, many victims face mounting medical bills, lost wages, and uncertainty about the future.  
 
No one should have to navigate this process alone. Personal injury attorneys advocate for victims, offering guidance and support. They handle the legal process so injured individuals can focus on recovering. A personal injury claim helps hold the party responsible accountable. 
 
Personal injury cases come in many forms, including motor vehicle accidents, slip-and-falls, dog bites, and defective products. These incidents can cause both physical injuries and emotional distress, making recovery challenging. Personal injury law ensures victims can seek justice and reclaim their stability. 

The Legal Process for Personal Injury    

Navigating a claim can seem confusing, but understanding the process can ease the anxiety through this personal injury guide. 

  1. The Initial Consultation: The first step is speaking with a consultation specialist. At Fielding Law, our team is ready to review the details and allow you to ask questions while understanding your legal options.
  2. Investigation and Gathering Evidence: Strong evidence is important for a successful claim. Medical records, accident reports, witness statements, and pictures help build your case.  
  3. Filing the Claim: Once enough evidence is gathered, we file a claim with the at-fault party’s insurance company. This step formally starts the legal process. 
  4. Negotiating a Settlement: Most cases are settled before trial. Our expert attorneys negotiate with the insurance company to secure a fair settlement.  
  5. Litigation, If Necessary: If the case does not offer a fair settlement, we may take it to court. While litigation can extend the timeline, our legal team is prepared to fight for your rights.
  6. Resolution and Compensation: After an agreement is reached, the settlement is finalized, payments are processed, and outstanding medical liens are addressed. Depending on the case, this final phase can take weeks or months. We understand that waiting can be difficult, but this step is crucial for you to receive what you deserve.  

How to Determine if You Have a Valid Personal Injury Claim 

To have a personal injury claim, you must show that someone else’s actions caused your injury. This involves proving they had a duty to act safely, failed to do so, and that their actions directly led to your harm.  
 
Insurance companies try to pay as little as possible, and their first offer is rarely the best. A personal injury can handle negotiations and fight for the compensation you deserve. Even after this personal injury guide, if you are unsure whether you have a claim, contact Fielding Law. The consultation is free, and we can help you understand your options. 

Moving Forward with Fielding Law 

Your injuries, challenges, and recovery matter to us. At Fielding Law, we know that every personal injury case is unique. We are dedicated to taking the time to listen, understand your situation, and help you navigate through the complexities of personal injury. Whether you are facing mounting medical bills, lost wages, or ongoing pain, we will fight for you every step of the way. Call 833.88.SHARK for a free consultation and let us help you take the next step toward a successful recovery.  

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

February 11, 2025
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Hands holding a phone to take a photo or video

Photo and Video Evidence Builds Stronger Cases

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Why Visual Evidence Matters

You may have heard the saying, “A picture is worth a thousand words.” In personal injury claims, photo and video evidence can be worth thousands—or even millions—of dollars. These forms of evidence provide clear, undeniable proof that can support your case, counter opposing arguments, and increase the likelihood of a favorable settlement.

Examples of Photo and Video Evidence in Action

  • Car Accidents: Pictures of the accident scene, vehicle damage, skid marks, and traffic signals can demonstrate fault and the severity of the crash.
  • Bed Bug Bite Injuries: Photographs of bites, infestation, and unsanitary conditions at a hotel or rental property can establish negligence.
  • Pedestrian Accidents: Video footage from nearby surveillance cameras or eyewitnesses’ cell phones can show the driver’s behavior and the circumstances of the crash.
  • Premises Liability: Images of wet floors, broken handrails, or uneven walkways can prove hazardous conditions that led to your injury.

The Best Types of Evidence to Capture

When documenting an injury or accident, focus on these types of evidence:

  • High-Quality Photos: Use clear, well-lit images that show details of injuries, property damage, or unsafe conditions.
  • Videos with Context: Videos can capture the sequence of events, such as a car speeding through a red light or the lack of safety measures on a property.
  • Time-Stamped Evidence: Ensure all photos and videos include accurate timestamps to verify when they were taken.
  • Witness Recordings: If available, obtain recordings from bystanders who witnessed the incident.

Tips for Capturing Evidence

  • Take photos and videos as soon as possible.
  • Document injuries over time to show progression or healing.
  • Capture the surroundings to provide context.
  • Use your phone or camera’s timestamp feature.

How Visual Evidence Strengthens Your Case

Photo and video evidence provides clarity where words may fail. For example, describing a dangerous pothole in court may not be as impactful as showing a picture of it. Similarly, a video of a reckless driver running a stop sign can eliminate doubts about liability.

Evidence also counters attempts by insurance companies to minimize your injuries or deny fault. It allows your attorney to present a compelling narrative supported by hard proof.

Why Hire Fielding Law

At Fielding Law, we understand the power of visual evidence in securing fair settlements. Our compassionate team will guide you through the process of gathering and presenting the evidence needed to strengthen your case. Whether you have been injured in a car accident, suffered from a bed bug infestation, or experienced a slip and fall, we are here to help. Call us at 833.88.SHARK for a free consultation and let us fight for 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.

February 7, 2025
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scale on a table in a dark room with a small window

Understanding Negligence in Injury Claims

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Negligence is a key factor in personal injury cases. Proving negligence determines whether a victim can receive compensation for their injuries. This guide explains how negligence works, how insurance companies and defendants may try to reduce their liability, and how evidence can strengthen your claim.

What Is Negligence?

Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, you must demonstrate these elements:

  1. Duty of Care: The defendant owed a duty to act responsibly.
  2. Breach of Duty: The defendant failed to meet that responsibility.
  3. Causation: The breach directly caused the injury.
  4. Damages: The injury resulted in measurable losses, such as medical bills or lost income.

How Insurance Companies Minimize Negligence

Insurance companies often try to reduce their client’s responsibility to pay less compensation. They may:

  • Claim the victim contributed to the accident: This is known as comparative liability. In states that follow comparative negligence rules, the compensation you receive could be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault, your compensation may be reduced by 20%.
  • Downplay the severity of the injuries.
  • Question the credibility of evidence or witnesses.

A skilled attorney counters these tactics by gathering strong evidence and presenting a compelling case.

How Defendants Avoid Responsibility

Defendants may use similar strategies to avoid accountability. Common defenses include:

  • Arguing they acted reasonably under the circumstances.
  • Shifting blame to the victim or a third party.
  • Denying the connection between their actions and the injury.

Your legal team can challenge these arguments to hold the responsible party accountable.

How Evidence Strengthens Your Claim

Strong evidence proves negligence and ensures fair compensation. Helpful evidence includes:

Each piece of evidence builds a stronger case, making it harder for insurers or defendants to dispute their liability.

Why Choose Fielding Law?

At Fielding Law, we understand the challenges victims face when dealing with negligence claims. Our experienced team fights for your rights with ethical and effective representation. We carefully gather evidence, counter insurance tactics, and guide you through every step of your case. Call 833.88.SHARK today to schedule your free consultation.

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

February 3, 2025
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Jared of Fielding Law giving a free consultation

What is the Catch? Why Free Consultation?

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

When searching for legal help after an injury, you may notice that many law firms offer a free consultation for personal injury claims. You might wonder, “What is the catch?” or “Why are they offering something for free?” In reality, free consultations are a way for law firms to show their commitment to helping injured individuals without adding to their financial burden. It is also an opportunity for you to assess your case and the legal team without any risk or obligation.

Why Do Law Firms Offer Free Consultations?

There are several reasons why law firms, including Fielding Law, offer free consultations to potential clients:

  1. Understanding Your Case
    A free consultation allows the attorney to evaluate the basics of your case. They will review your injuries, the circumstances surrounding the accident, and the potential for legal action. This initial meeting helps both you and the attorney determine if it makes sense to move forward.
  2. Access to Justice
    Personal injury cases often involve individuals who are already facing financial stress due to medical bills, lost wages, and property damage. By offering a free consultation, law firms remove the financial barrier that may prevent someone from seeking legal help.
  3. No Risk to You
    The main benefits of a free consultation for personal injury claims is that it comes with no strings attached. You are not obligated to hire the attorney after the consultation. It gives you a chance to ask questions, understand your legal options, and decide if you feel comfortable with the law firm.
  4. Contingency Fee: No Win, No Fee
    Many individuals hesitate to pursue legal action because they fear how much it will cost. At Fielding Law, we work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case, making it risk-free for you to pursue the compensation you deserve.

What Happens During a Free Consultation?

During your consultation, the attorney will ask you about the details of your accident or injury. You should be prepared to provide information about the accident, any injuries you sustained, medical treatment you have received, and any communication you have had with insurance companies. The attorney will use this information to provide guidance on your legal options and the potential value of your case.

In this meeting, you will also have the opportunity to ask questions, such as:

  • How long will my case take?
  • What are the chances of success?
  • What will the legal process involve?
  • How does the firm charge for their services?

Why Hire Fielding Law?

At Fielding Law, we offer free consultations because we are committed to providing compassionate and expert legal help to those who need it most. We understand that dealing with an injury can be overwhelming, and we want to help you explore your options without any upfront costs. Our team is dedicated to fighting for your rights and ensuring you receive fair compensation. With our contingency fee structure, you can move forward confidently, knowing you do not owe us anything unless we win your case.

If you have been injured due to someone else’s negligence, do not hesitate to contact Fielding Law at 833.88.SHARK. Our free consultation is your opportunity to learn about your case and how we can help, with no obligation to proceed.

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

January 22, 2025
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Rose Bowl game stadium in pasadena

Rose Bowl Game: Safety First!

By Assault, Bicycle Accident, Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Rideshare Accident, Slip or Trip and Fall, Wrongful Death

As the Rose Bowl game approaches, excitement fills the air! It is a time for celebration, camaraderie, and, of course, thrilling football. While the festivities are enjoyable, safety should always be a priority. At Fielding Law, we want to ensure you have a fun and safe experience. Here are some essential safety tips for arriving at, attending, and leaving the Rose Bowl game.

Arriving at the Rose Bowl

Plan Your Transportation:
  • Public Transport: Consider using public transportation to avoid traffic and parking hassles. Check the schedule in advance to ensure you arrive on time.
  • Carpool: If driving, carpool with friends to reduce the number of vehicles and make parking easier.
  • Designated Drivers: If you plan to enjoy beverages at the game, arrange for a designated driver or use rideshare services.
Parking Safety:
  • Use Official Parking Lots: Only park in designated areas to avoid fines or towing. Be cautious of unofficial parking lots, which can pose safety risks.
  • Park in Well-Lit Areas: Choose parking spots in well-lit, busy areas to deter potential theft or damage to your vehicle.

Attending the Rose Bowl

Be Aware of Your Surroundings:
  • Stay Alert: Pay attention to your surroundings and be mindful of the crowd. Watch for potential hazards, such as uneven surfaces or spilled drinks.
  • Stick with Friends: Always stay close to your group, especially in crowded areas. Establish a meeting point in case you get separated.
Health Precautions:
  • Stay Hydrated: Drink plenty of water, especially if you are outside in warm weather. Dehydration can lead to dizziness and fainting.
  • Be Mindful of Food Safety: Enjoy the delicious stadium food, but ensure it is from reputable vendors to avoid foodborne illnesses.

Leaving the Rose Bowl

Exiting the Venue:
  • Plan Your Exit: After the game, wait a few minutes before leaving to allow the crowd to disperse. This will make exiting easier and safer.
  • Stay in Groups: Travel with friends when leaving. There is safety in numbers, and it can make the journey home more enjoyable.
Travel Safety:
  • Use Designated Rideshare Zones: If using a rideshare service, head to the designated pickup areas to ensure a smooth and safe ride home.
  • Be Cautious in Parking Lots: When walking to your vehicle, remain vigilant. Look out for moving vehicles and be aware of your surroundings.

Enjoy the Game and Stay Safe

The Rose Bowl game is an exciting event filled with unforgettable moments. By following these safety tips, you can enjoy the festivities while prioritizing your well-being. Remember, safety is a shared responsibility. Be considerate of others and help create a safe environment for everyone.

At Fielding Law, we wish you a fantastic time at the Rose Bowl! If you need assistance after an accident or injury, do not hesitate to reach out to us at 833.88.SHARK. We are here to help you stay safe and get back on your feet. Enjoy the game!

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

December 27, 2024
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Map of the united States. personal injury laws by state

How Personal Injury Cases Differ Between States

By Bicycle Accident, Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall, Wrongful Death

If you have been injured and are pursuing a personal injury claim, understanding how personal injury laws by state can impact your case is critical. Laws vary significantly between states, affecting everything from fault determination to the amount of compensation you may receive. At Fielding Law, we help clients navigate these complex laws and ensure they are well-prepared for any legal challenges.

Key Differences in Personal Injury Laws Between States

1. Comparative vs. Contributory Negligence:
  • California: California uses a comparative negligence system. If you are partially at fault for your injury, you can still recover damages, but the amount will be reduced based on your percentage of fault.
  • Arizona: Arizona also follows a comparative negligence system, similar to California, allowing recovery for damages even if you share some fault. The compensation will be adjusted according to the degree of fault.
2. Statutes of Limitations:
  • California: In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. This time frame is relatively standard and gives injured parties ample time to file a lawsuit.
  • Arizona: Arizona has a similar statute of limitations for personal injury cases, which is also two years. However, there are exceptions for cases involving minors or specific types of claims, so it is important to consult with an attorney.
3. Damage Caps:
  • California: California does not impose a cap on economic damages, such as medical expenses or lost wages. However, there is a cap on non-economic damages (pain and suffering) in medical malpractice cases, which is currently set at $250,000.
  • Arizona: Arizona also does not have caps on economic damages. For non-economic damages in medical malpractice cases, the state has a cap of $300,000. In other personal injury cases, there is no specific cap on non-economic damages.
4. Fault in Car Accidents:
  • California: California operates under a fault-based system, meaning the person who caused the accident is liable for damages. Insurance companies will assess fault and handle claims based on their findings.
  • Arizona: Arizona is a fault-based state as well, similar to California. The at-fault driver’s insurance is responsible for covering the damages, and drivers must prove fault to receive compensation.
5. Unique Local Laws:
  • California: California has specific laws regarding personal injury claims, including strict liability for dog bites. Pet owners are responsible for injuries caused by their animals, regardless of the animal’s prior behavior.
  • Arizona: Arizona also has a strict liability rule for dog bites, meaning pet owners are liable for injuries their pets cause, even if the dog had no previous history of aggression.

Why Choose Fielding Law for Your Personal Injury Case?

Whether your injury occurred in California or Arizona, Fielding Law is the team for you. Navigating the differences in personal injury laws by state can be overwhelming, especially if you are recovering from an injury. Our attorneys have in-depth knowledge of each state’s specific personal injury laws and are dedicated to handling your case with the utmost care and expertise. Call 833.88.SHARK today, and let us help you understand your options and guide you through every step of the legal process.

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

November 28, 2024
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Police Officer making a report

Why Do I Need a Police Report After an Accident?

By Assault, Bicycle Accident, Car Accident, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Train Accident, Truck Accident, Wrongful Death

After a car accident, you may wonder, “Why do I need a police report?” A police report after an accident plays a critical role in documenting the incident and protecting your rights. This report serves as an official record of the accident, which can significantly impact insurance claims and any potential legal proceedings.

Importance of a Police Report

  1. Official Documentation: A police report provides an official account of the accident. This documentation includes vital details, such as the time, location, and parties involved, which helps create a clear picture of what occurred.
  2. Factual Evidence: The report typically contains the officer’s observations, witness statements, and any evidence gathered at the scene. This factual information helps establish a timeline of events and can clarify who was at fault.
  3. Insurance Claims: Most insurance companies require a police report when processing claims. The report helps insurance adjusters assess liability and determine the compensation you may receive for damages or injuries.
  4. Legal Protection: If you need to pursue legal action due to injuries or property damage, a police report can serve as crucial evidence in court. It strengthens your case by providing an impartial account from law enforcement.

What If the Police Cannot Come to the Scene?

In some situations, police may be unable to respond to the accident scene due to limited resources or other emergencies. Here are tips on what to do if this happens:

  • File a Report at the Station: If the police cannot come to you, you can go to the nearest police station to file a report. Bring any relevant information, including photos, witness contact details, and any statements from those involved.
  • Document Everything: If the police do not arrive, document the scene yourself. Take photographs of the vehicles, the surrounding area, and any visible injuries. Write down your account of what happened while it is still fresh in your mind.
  • Call Fielding Law: It is crucial to discuss your options with Fielding Law. Our experienced attorneys can guide you on how to proceed with your case. We will help you navigate insurance claims and ensure you have the necessary documentation for any potential legal actions.

Additional Considerations

  • Witness Statements: If possible, collect written statements from witnesses at the scene. Their accounts can strengthen your case and provide additional support if there are disputes about the accident.
  • Medical Documentation: If you sustained injuries, seek medical attention immediately. Documenting your injuries and treatment will be essential for your case, especially when dealing with insurance claims.

What to Do After an Accident

If you are involved in a car accident, follow these steps to ensure you obtain a police report:

  1. Call Emergency Services: After ensuring everyone’s safety, call the police to report the accident. They will dispatch an officer to the scene to assess the situation.
  2. Gather Information: While waiting for the police, exchange information with the other driver and any witnesses. Collect names, contact information, and insurance details.
  3. Stay at the Scene: Remain at the scene until the police arrive. Once the officer has documented the accident, they will create a report.
  4. Request a Copy of the Report: After the officer files the report, request a copy for your records. You may need this for insurance claims or legal proceedings.

Why Choose Fielding Law?

At Fielding Law, we understand that navigating the aftermath of an accident can be overwhelming. Our experienced attorneys are here to help you every step of the way. We will guide you through the process of obtaining a police report and assist you in filing insurance claims or pursuing legal action.

Why Hire Our Team?

When you work with Fielding Law, you will benefit from our compassionate approach and expert legal support. We are dedicated to helping you protect your rights and ensure you receive the compensation you deserve.

Call us today at 833.88.SHARK for a free consultation. Let us help you navigate the complexities of your accident case.

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

November 15, 2024
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Person looking over medical documents

What are Medical Liens in Personal Injury Cases?

By Bicycle Accident, Brain Injury (TBI), Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Sexual Assault & Abuse, Skate & Skateboarding Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

When you suffer an injury due to someone else’s negligence, the financial aftermath can be overwhelming. Medical bills may pile up, and the stress of dealing with insurance companies can add to your burden. Understanding how medical liens function in personal injury cases is crucial to ensuring you receive the compensation you deserve.

What Are Medical Liens?

A medical lien is a legal claim against your potential personal injury settlement, allowing healthcare providers to secure payment for medical services rendered to you after your injury. Essentially, these liens give medical providers the right to be paid from your settlement before you receive any funds.

How Medical Liens Work

  • Treatment Agreement: When you receive treatment for your injury, the healthcare provider may ask you to sign a lien agreement. This agreement states that they will provide treatment in exchange for the right to collect payment from your future settlement.
  • Billing Your Insurance: In most cases, your healthcare provider will bill your insurance first. If the insurance does not cover the full amount of your medical bills, the lien will cover the remaining balance.
  • Settlement Negotiation: Once you reach a settlement in your personal injury case, your attorney will deduct any medical liens from your settlement amount before you receive the funds.

The Impact of Medical Liens on Your Settlement

Medical liens can have both positive and negative implications, depending on the context of the personal injury case and the perspective of the parties involved. Here is a breakdown of the pros and cons:

Pros of Medical Liens:

Immediate Medical Care: Medical liens allow injured individuals to receive necessary medical treatment without having to pay upfront. This is especially beneficial for those who may not have insurance or the means to pay for care out-of-pocket.

Access to Quality Providers: Patients can access quality healthcare providers who might be hesitant to treat them without guaranteed payment. This can lead to better outcomes and quicker recovery times.

Increased Focus on Recovery: Knowing that medical bills will be covered allows individuals to focus on their recovery rather than financial stress during a challenging time.

Potential for Reduced Costs: In some cases, healthcare providers may be willing to negotiate lien amounts once a settlement is reached, potentially lowering overall medical costs for the patient.

Cons of Medical Liens:

Reduced Settlement Amount: Medical liens must be paid from any settlement or award, which can significantly reduce the amount of money the injured party ultimately receives. For example, if a person settles for $100,000 but owes $30,000 in medical liens, they will only take home $70,000.

Complexity and Delays: The process of negotiating and settling medical liens can complicate and prolong the settlement process. Disputes over lien amounts can lead to delays in receiving compensation.

Liability Issues: If a case goes to trial and a jury awards a lower amount than expected, it could leave the injured party with a financial shortfall after paying off medical liens.

Potential for Confusion: Individuals may not fully understand how medical liens work, leading to mismanaged expectations regarding their financial recovery post-settlement.

Why Work With an Attorney?

An attorney can negotiate with Medicare to reduce the lien amount. They may argue that certain treatments or charges were unrelated to your injury or were unnecessary. This can lead to a reduced lien, allowing you to keep more of your settlement.

Here are the key reasons to hire an attorney for Medicare lien negotiations:

  • Evaluate the lien: Attorneys can review the lien to ensure it is accurate and that only necessary treatments are included.
  • Negotiate reductions: Attorneys often negotiate with Medicare to reduce the lien based on specific circumstances.
  • Handle paperwork: Managing Medicare liens requires timely communication and documentation, which attorneys are equipped to handle.

Your Advocates After an Accident

Navigating the complexities of medical liens in personal injury cases can be challenging. At Fielding Law, we understand the financial strain that comes with injuries. Our experienced team is here to advocate for you, ensuring that you are informed every step of the way. We will work diligently to negotiate liens on your behalf and maximize your settlement.

If you are struggling with medical bills and need guidance through your personal injury case, Fielding Law is here to help. Reach out today at 833.88.SHARK to schedule your free consultation and begin your journey toward justice.

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

November 1, 2024
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Driving at dusk. Daylight savings car crashes

Daylight Saving Car Crash Surge

By Bicycle Accident, Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Wrongful Death

Daylight saving time disrupts more than just our sleep patterns—it also significantly affects road safety. Each year, as the clocks spring forward or fall back, studies show a noticeable increase in daylight saving car crashes. This spike is often attributed to disrupted sleep, which affects drivers’ alertness and reaction times. Additionally, the sudden change in daylight hours can lead to more accidents, particularly during evening commutes when visibility is reduced.

The Science Behind the Increase

When daylight saving time begins or ends, our bodies require time to adjust. This adjustment period can result in fatigue, making it harder for drivers to stay focused on the road. The National Highway Traffic Safety Administration (NHTSA) has reported an uptick in daylight saving car crashes during the first week following the time change. Fatigue-related crashes are especially common during this period, as drivers struggle to adapt to the new schedule.

Why Visibility Matters

As daylight saving shifts daylight hours, many drivers find themselves commuting in the dark. Reduced visibility increases the likelihood of accidents, especially in areas with poor street lighting. Pedestrians and cyclists are also at greater risk during this time, as they are less visible to drivers. The combination of reduced daylight and tired drivers creates a dangerous environment on the roads.

Staying Safe During Daylight Saving

To reduce the risk of daylight saving car crashes, consider these tips:

  • Adjust Gradually: In the days leading up to the time change, go to bed earlier to help your body adjust.
  • Increase Following Distance: Give yourself more time to react by maintaining a safe distance from the car in front of you.
  • Be Extra Cautious: Pay closer attention to your surroundings, especially during dawn and dusk when visibility is lower.
  • Use Headlights Wisely: Turn on your headlights earlier in the evening and keep them on during the early morning hours.

Why Hire Fielding Law?

At Fielding Law, we understand the unique challenges that daylight saving can pose for drivers. If you have been in an accident during this time and believe another driver’s negligence is to blame, our compassionate and capable attorneys are here to help. We guide you through every step of your personal injury claim, ensuring you receive the compensation you deserve. Contact Fielding Law at 833.88.SHARK to discuss your options and find the support you need.

Daylight saving time may be a small change, but it can have significant consequences on road safety. By staying vigilant and taking precautions, you can reduce your risk of being involved in a daylight saving car crash. However, if you find yourself in a crash, remember that Fielding Law is here to help you navigate the complexities of 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.

October 30, 2024
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