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Brain Injury (TBI)

An expert witness discussing the accident. Expert Witness in Personal Injury Cases.

Winning Personal Injury Cases with Experts

By Brain Injury (TBI), Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Slip or Trip and Fall

In personal injury cases, an expert witness plays a crucial role in helping you secure the compensation you deserve. Their specialized knowledge and testimony can clarify complex details, making it easier for the court to understand the facts of your case. By providing objective, professional insight, an expert witness in personal injury cases strengthens your claim and increases your chances of a favorable outcome.

What is an Expert Witness?

An expert witness is a professional with deep expertise in a field relevant to your case. They help explain key aspects such as how the accident happened, the severity of your injuries, or the potential long-term impact of your condition. Their testimony brings clarity, especially when technical or scientific details are involved.

Common Types of Expert Witnesses

  • Medical Experts
    These professionals assess and explain your injuries, outlining how they affect your daily life.
  • Accident Reconstruction Specialists
    These experts use evidence from the scene to reconstruct what happened and who was at fault.
  • Economic Experts
    They calculate the financial impact of your injuries, including lost wages and future earning capacity.
  • Engineers or Safety Experts
    These experts evaluate defective products or unsafe conditions that caused your injury.

Why Are Expert Witnesses Critical?

Expert witnesses are vital in personal injury cases because they:

  • Break down complex details in an understandable way.
  • Offer objective, professional testimony.
  • Strengthen your claim with credible, evidence-based support.

Their input is particularly crucial in cases involving medical malpractice, car accidents, and product liability claims.

How to Choose the Right Expert Witness

Consider the following when selecting an expert:

Relevant Expertise: The expert’s background must align with your case.

Reputation: A strong professional record boosts their credibility.

Communication Skills: Experts should clearly explain their findings to a non-technical audience.

Why Hire Fielding Law?

At Fielding Law, we understand the importance of having the right expert witnesses on your side. Our experienced team knows how to choose and work with top experts to build a strong case. We are caring, empathetic, and dedicated to helping you get the compensation you deserve. If you are facing a personal injury case, let us handle the legal complexities so you can focus on healing. Contact Fielding Law today at 833.88.SHARK for a free consultation. We are ready to help you win your case.

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

November 21, 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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hand pointing to brain scan

Early Diagnosis Key to Brain Injury Recovery

By Brain Injury (TBI), Personal Injury

When it comes to brain injuries, early diagnosis and treatment play a crucial role in achieving the best possible recovery. At Fielding Law, we understand the challenges faced by individuals with brain injuries and are here to provide the support and guidance needed during this difficult time.

Why Early Brain Injury Diagnosis Matters

Early diagnosis of brain injuries is essential for several reasons:

Prevention of Further Damage: Prompt diagnosis can prevent additional harm by identifying the extent of the injury and guiding appropriate treatment.

Better Recovery Outcomes: Early intervention helps in managing symptoms more effectively and improving long-term recovery.

Reduced Risk of Complications: Addressing brain injuries early can help avoid secondary complications such as cognitive impairments or emotional changes.

Benefits of Timely Treatment

Receiving timely treatment can significantly impact the recovery process:

Customized Treatment Plans: Early brain injury diagnosis allows for tailored treatment plans that address specific needs and symptoms.

Enhanced Rehabilitation: Early intervention often leads to more effective rehabilitation therapies, including physical, occupational, and cognitive therapies.

Improved Quality of Life: By managing symptoms early, patients can maintain better daily functioning and overall quality of life.

Steps to Take for Early Diagnosis

To ensure early brain injury diagnosis and effective treatment, consider the following steps:

  1. Seek Medical Attention: If you suspect a brain injury, consult with a healthcare professional immediately.
  2. Document Symptoms: Keep detailed records of symptoms, including their onset and progression.
  3. Follow Medical Advice: Adhere to treatment recommendations and follow-up appointments to monitor progress.

Why Hire Fielding Law?

At Fielding Law, we are committed to supporting individuals with brain injuries through every step of their recovery. We understand the importance of early diagnosis and treatment and are here to help you navigate the legal aspects of your case. Our compassionate team will fight for your rights and work to ensure you receive the compensation and support you need.

If you or a loved one has experienced a brain injury, do not wait. Reach out to us at 833.88.SHARK for a free consultation. Let us guide you through the legal process and advocate for your needs.

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

August 16, 2024
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Summer Camp Injuries

Navigating Summer Camp Injuries

By Boating Accident, Brain Injury (TBI), Catastrophic Injury, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Public Entity, Slip or Trip and Fall, Wrongful Death

Summer camp is a time for children to enjoy fun activities and create lasting memories. However, when an injury occurs, it can raise questions about legal rights and potential legal action. Here is what you need to know about summer camp injuries and your legal options.

Understanding Summer Camp Injuries

  1. Types of Injuries: Summer camp injuries can range from minor cuts and bruises to more severe incidents such as fractures, sprains, or head injuries. It is essential to assess the severity and impact of the injury on your child’s health and well-being.
  2. Common Causes: Injuries at summer camps can occur due to various factors, including sports activities, outdoor adventures, playground accidents, swimming or water-related incidents, and falls.
  3. Camp Liability: Camps have a duty to provide a safe environment and adequate supervision for campers. If negligence or inadequate safety measures contributed to your child’s injury, you may have grounds for legal action.

Do You Have a Case?

Determining if you have a legal case after a summer camp injury involves several factors:

  • Type and Severity of Injury: Evaluate the type and severity of the injury and how it has affected your child’s health and daily activities.
  • Negligence: Consider if the injury resulted from negligence on the part of the camp staff or management, such as failure to maintain safe facilities, inadequate supervision, or lack of proper training.
  • Liability Agreements: Review any liability agreements you signed during camp enrollment. While these agreements may limit liability, they do not necessarily prevent you from pursuing damages in cases of negligence or misconduct.

Liability Agreements and Legal Options

If you signed a liability agreement, it is crucial to understand its implications:

  • Scope of Liability: Determine if the agreement addresses the specific circumstances of your child’s injury and the camp’s responsibilities.
  • Enforceability: Consult with legal experts, such as Fielding Law at 833.88.SHARK, to assess the enforceability of the liability agreement. Some agreements may be deemed unenforceable if they violate state laws or public policy.
  • Negligence vs. Intentional Harm: Differentiate between negligence and intentional harm. Liability agreements typically do not protect camps from liability for acts of gross negligence, recklessness, or intentional misconduct.

Why Hire Fielding Law

Here is why consulting with Fielding Law can make a difference:

Legal Expertise: Our experienced attorneys specialize in personal injury cases, including summer camp injuries. We can assess the details of your case, determine liability, and pursue fair compensation on your behalf.

Compassionate Support: We understand the emotional toll of a child’s injury. Our team provides compassionate support, guidance, and personalized attention throughout the legal process.

Negotiation and Advocacy: We will negotiate with insurance companies and advocate for your rights to ensure you receive the best possible outcome, including compensation for medical expenses, pain and suffering, and long-term effects of the injury.

If your child was injured at summer camp and you are unsure about your legal options, contact Fielding Law at 833.88.SHARK for a confidential consultation. We are here to help you navigate the complexities of summer camp injury cases and seek justice for your child.

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

July 5, 2024
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Brain Injury Types

4 Brain Injury Types: Symptoms and Severity

By Brain Injury (TBI)

In the world of personal injury, being well-informed about the various types of brain injuries is crucial for both medical treatment and legal considerations. Fielding Law is dedicated to providing comprehensive insights into four primary types of brain injuries, their symptoms, and the distinct levels of severity associated with each.

1. Concussions

  • Definition: Often considered mild traumatic brain injuries (mTBIs), concussions result from a blow or jolt to the head.
  • Symptoms: Headache, confusion, nausea, sensitivity to light.
  • Severity: Typically mild, but monitoring for persistent symptoms is crucial.

2. Diffuse Axonal Injuries (DAIs)

  • Definition: DAIs occur when the brain rapidly shifts within the skull, causing tearing of nerve fibers.
  • Symptoms: Range from mild confusion to coma.
  • Severity: Requires immediate medical attention; long-term effects can include cognitive impairments and motor function issues.

3. Penetrating Injury

  • Definition: Involves an object entering the skull and damaging brain tissue.
  • Symptoms: Vary widely based on location and extent of the injury.
  • Severity: Immediate medical intervention is vital; long-term outcomes can be challenging to predict.

4. Anoxic Injury

  • Definition: Results from a lack of oxygen to the brain.
  • Symptoms: Cognitive deficits, seizures, coma in severe cases.
  • Severity: Timely medical intervention is crucial to minimize damage, but long-term effects can be significant.

Advocates After a Brain Injury

Understanding the severity of your brain injury type is pivotal for seeking appropriate medical care and potentially pursuing legal action. Fielding Law stands as a beacon of support for individuals navigating the complexities of personal injury cases. If you or a loved one has suffered a brain injury due to someone else’s negligence, remember that Fielding Law is just a call away at 833.88.SHARK. We are here to provide empathetic and capable legal assistance, ensuring that your well-being remains our top priority.

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

March 8, 2024
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Brain Injury Awareness

National Brain Injury Awareness Month

By Brain Injury (TBI)

As we commemorate National Brain Injury Awareness Month, our hearts are with those navigating the challenges of brain injuries. At Fielding Law (Call us at 833.88.SHARK), we not only strive to raise awareness but also extend a compassionate guide. This article delves into vital tips for post-brain injury care, insights into pursuing a personal injury claim, proving liability, and navigating discussions with insurance companies.

Understanding Brain Injuries

National Brain Injury Awareness Month prompts a deeper exploration into the intricate challenges posed by brain injuries, extending beyond the visible aspects. Despite being largely unseen, these injuries intricately affect individuals, introducing cognitive, emotional, and physical challenges that reshape lives. Their impact resonates beyond the individual, creating ripples that extend to families and communities at large.

Tips After a Brain Injury

  1. Prioritize Rest: Adequate rest is crucial for brain healing; avoid mental and physical strain.
  2. Follow Medical Advice: Adhering to prescribed treatments aids recovery and strengthens potential legal claims.
  3. Document Changes: Track cognitive, emotional, and physical changes for both medical and legal purposes.

Can You Pursue a Personal Injury Claim for a Brain Injury?

Certainly, individuals can pursue a personal injury claim for a brain injury if it stems from someone else’s negligence. Whether the injury results from a car accident, slip and fall, medical malpractice, or another incident where negligence is a factor, seeking justice through a personal injury claim is a viable option. The process involves establishing that the responsible party had a duty of care, breached that duty, and directly caused the brain injury. Collating evidence, such as medical records and witness statements, is crucial in proving this connection. Consulting with an experienced personal injury attorney is essential to navigate the complexities of brain injury cases, ensuring proper legal procedures are followed, and victims receive rightful compensation for medical expenses, lost wages, and the profound impact on their lives.

What to Do After a TBI

  1. Seek Immediate Medical Attention:
    • Get prompt medical care for your TBI. Documenting the injury is essential for building a strong legal case.
  2. Preserve Evidence:
    • Preserve any evidence related to the incident. This includes accident reports, photographs, witness statements, and any relevant documents.
  3. Consult with a Personal Injury Attorney:
    • Reach out to a personal injury attorney specializing in TBI cases. They can provide legal advice based on the circumstances of your injury.
  4. Document Everything:
    • Keep a detailed record of your medical treatment, symptoms, and the impact on your daily life. This documentation can be crucial in establishing the extent of your damages.
  5. Follow Medical Advice:
    • Adhere to the medical advice provided by healthcare professionals. This not only contributes to your recovery but also strengthens the connection between the accident and your injuries.
  6. Identify Responsible Parties:
    • Work with your attorney to identify parties responsible for the incident. This may include individuals, businesses, or entities whose negligence contributed to your TBI.
  7. Insurance Communication:
    • Direct all communication with insurance companies through your attorney. Insurance adjusters may attempt to settle quickly, and having legal representation ensures your rights are protected.
  8. Evaluate Long-Term Consequences:
    • Assess the potential long-term consequences of your TBI, including ongoing medical needs, rehabilitation, and any impact on your ability to work and enjoy life.
  9. Negotiation or Litigation:
    • Your attorney will negotiate with the responsible parties and their insurers to seek fair compensation. If a settlement cannot be reached, they will be prepared to take the case to court.
  10. Legal Timeframes:
    • Be aware of legal timeframes for filing a personal injury lawsuit. Your attorney will ensure all deadlines are met.
  11. Financial Recovery:
    • Pursue compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the TBI.
  12. Supportive Network:
    • Surround yourself with a supportive network, including family, friends, and mental health professionals. Coping with a TBI can be challenging, and emotional well-being is essential.

How Do I Prove Liability?

Proving liability necessitates a meticulous approach. Start by gathering comprehensive evidence, documenting the incident thoroughly, collecting witness statements, and securing relevant records that can substantiate your case. Additionally, consider obtaining expert opinions, as their assessments can lend valuable insights into the specifics of the situation. These steps collectively form a robust strategy to establish liability and fortify your position in seeking legal recourse for the damages incurred.

Why Hire Fielding Law?

In the intricate landscape of brain injury cases, having compassionate and capable legal representation is paramount. At Fielding Law, our approach is rooted in empathy and understanding. We stand as advocates for brain injury survivors, offering not just legal expertise but a compassionate partnership throughout the recovery and legal processes. Call Fielding Law at 833.88.SHARK (833-887-4275) for a free consultation, and let us be your allies in healing and seeking justice.

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

March 1, 2024
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Social Media After an Injury

Dos and Don’ts of Social Media After an Injury

By Bicycle Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Product Liability, Public Entity, Slip or Trip and Fall, Truck Accident

In today’s digital age, social media is a prevalent aspect of our lives, offering a platform to share our experiences, thoughts, and even challenges. However, after an injury, what you post on social media platforms like Facebook, Instagram, X (formerly Twitter), Threads, TikTok, and Linkedin can potentially affect your legal case. Navigating the delicate balance of staying connected with your online community while safeguarding your personal injury case requires careful consideration. Let us delve into the dos and don’ts to ensure your social media activity supports, rather than undermines, your legal journey.

Dos:

  1. Consult with Your Attorney: Before posting pictures of the accident scene, consult with your personal injury attorney. They can provide guidance on whether it is advisable and how it may impact your case.
  2. Limit Accident Scene Details: If you choose to share pictures, limit the details to those that are relevant to your case. Avoid sharing unnecessary or potentially damaging information.
  3. Update Loved Ones Privately: If you want to reassure friends and family about your well-being, consider sending private messages or making personal calls instead of posting a public update.
  4. Coordinate with Legal Strategy: Ensure that any posts align with your legal strategy and the information you have shared with your attorney. Consistency in messaging is crucial.
  5. Express Gratitude for Support: If you receive well-wishes or support on social media, consider expressing gratitude in a general and positive manner without divulging too much detail.
  6. Consider Temporarily Deactivating: In the aftermath, consider temporarily deactivating your social media accounts to prevent unintended consequences.

Don’ts:

  1. Discuss Fault or Blame: Avoid making statements about fault or blame in the accident. Such statements can be used against you during legal proceedings.
  2. Downplay Injuries: Refrain from downplaying injuries, even if you feel fine. Injuries may manifest later, and statements suggesting otherwise could be used against you.
  3. Provide Detailed Medical Updates: Avoid sharing detailed medical updates, treatments, or specifics about your health. Keep this information private and discuss it with your healthcare providers and attorney.
  4. Accepting Blame: Never accept blame or admit fault for the accident on social media. This can have serious implications for your personal injury case.
  5. Exaggerate Injuries: While downplaying injuries is not advisable, exaggerating them can also be detrimental. Stick to factual information and discuss the severity with your healthcare providers.
  6. Don’t Accept New Friend Requests: Be cautious about accepting new friend requests or follower requests during this sensitive time. You never know who might be watching.

Why Choose Fielding Law for Your Legal Journey?

Navigating the aftermath of an injury requires more than just legal expertise; it demands compassion and a personalized approach. At Fielding Law, our empathetic team combines caring support with unwavering legal capability. We prioritize your unique needs, ensuring you receive the guidance and advocacy necessary for a successful legal journey. With Fielding Law, you are not just a case; you are a valued individual deserving of personalized attention. Contact us at 833.88.SHARK and experience the Fielding Law difference.

Remember, the impact of social media on personal injury cases is significant. It is crucial to approach your online presence with caution and consider the potential consequences.

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

February 29, 2024
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GoFundMe After an Injury

Navigating GoFundMe Pages After Catastrophic Injuries

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Slip or Trip and Fall, Truck Accident, Wrongful Death

Facing the aftermath of catastrophic injuries is an emotionally and financially challenging journey. In seeking financial assistance, many individuals turn to crowdfunding platforms such as GoFundMe to alleviate the burden of medical bills, rehabilitation costs, and daily living expenses. At Fielding Law, we recognize the complex intersection of compassion and legal strategy when it comes to utilizing these fundraising avenues. This guide aims to shed light on the potential impacts of GoFundMe pages on personal injury cases, offering valuable insights to empower you in making informed decisions during this sensitive time.

The Pros of GoFundMe Pages

  • Financial Support: One of the primary benefits of GoFundMe pages is the ability to garner financial assistance from a wide network of friends, family, and even compassionate strangers.
  • Community Connection: Beyond financial relief, these platforms foster a sense of community support, providing individuals with emotional strength during their recovery journey.

The Cons to Consider

  • Impact on Damages: It is crucial to be aware that funds raised through a GoFundMe campaign might be perceived as compensation, potentially affecting the damages sought in a legal case.
  • Admission of Need: Insurance companies may leverage the existence of a GoFundMe page as evidence of financial need, potentially influencing the negotiation dynamics.

Navigating the Legal Landscape of a GoFundMe After an Injury

  • Consult Your Attorney: Seeking early guidance from your personal injury attorney is paramount. They can provide insights into how the funds raised might impact the legal aspects of your case.
  • Transparent Communication: Open and transparent communication is key. Inform your attorney about your fundraising efforts, allowing them to tailor their legal strategy accordingly and preventing any unexpected surprises during legal proceedings.

Why Hire Fielding Law

In the complex intersection of compassion and legal strategy, choosing the right legal representation becomes pivotal. At Fielding Law, our approach is characterized by both empathy and capability. We understand the multifaceted challenges you face and offer not just legal guidance but compassionate support. With a track record of successful outcomes and a commitment to client advocacy, we go beyond the role of a legal team; we become your partners in ensuring your well-being is safeguarded throughout the legal process.

While GoFundMe pages can be a lifeline during times of crisis, understanding their potential impact on legal cases is paramount. At Fielding Law, we navigate these nuances with care and expertise, ensuring that your pursuit of support does not inadvertently compromise your legal rights. Call Fielding Law at833.88.SHARK for a free consultation, and let us guide you through the delicate balance of seeking assistance and protecting your legal interests.

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

October 8, 2019
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