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Tailgate bbq grill

Injured at Tailgate Party?

By Burn Injury, Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall

The Fall season brings a sense of renewal and tradition as many head back to school. It is a time with familiar celebrations like the excitement of tailgate parties before college football games. With all the fun, it is important to stay mindful of your safety and understand who might be responsible if someone gets hurt. As grills, games, and gatherings increase, so does the risk of slip and falls, vehicle accidents, and alcohol related injuries.  

What is a Dram Shop? 

  • A dram shop is a business that sells alcohol and may be legally responsible if they serve someone who poses dangers to others after drinking. 

What are Social Host Laws? 

  • These laws hold the person hosting the tailgate responsible if they knowingly provide alcohol to underage guests or know about underage drinking on site. 

Common Misunderstandings of Tailgate Party Injury 

If you or a loved one is injured due to someone’s irresponsible drinking, many people assume the intoxicated individual is solely responsible. However, others — such as the bar, restaurant, or party host who served them — could also be legally responsible. You may be able to pursue a claim not just against the drunk individual, but also against the business or host who served them.  

Documenting the Scene 

After a tailgate party injury—as with all accidents— documenting the scene is essential. The details you write down shortly after the accident can make a significant difference in building a strong case. Here are a few things to document: 

  • Date and time of the incident  
  • Location of the tailgate  
  • The specific type of accident that occurred  
  • Description of all the non-visible injuries  
  • Photos of the visible injuries  
  • Who was involved, and if there were any witnesses  
  • The company or the name of the individual who was giving out the alcohol  

Why Hire Fielding Law 

Party, tailgating accidents can turn a sharp turn south when alcohol is involved. These situations can be overwhelming and confusing, especially when there are unanswered questions about who is liable. At Fielding Law, we understand the emotional toll an accident can take on a person. Our priority is to carry the legal burden so you can fully focus on healing. We are here to support you. Reach out to us for your free consultation today to see if you have a claim.  

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

September 16, 2025
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flag on a boat

Labor Day Safety Matters

By Bicycle Accident, Boating Accident, Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Slip or Trip and Fall, Wrongful Death

Injuries on Labor Day Weekend

Labor Day should be a time of rest and celebration. Families in California and Arizona often attend parades, host backyard barbecues, or travel for a last summer getaway. Unfortunately, holiday festivities can create dangerous conditions. When people act carelessly, serious accidents may occur. Labor Day safety is important, but if you were injured because someone else was negligent, you may need legal support.

Common Holiday-Related Accidents

Road Trips and Travel

Holiday weekends often bring heavier traffic. Distracted or impaired drivers increase the risk of serious car, truck, or motorcycle crashes.

Rideshare Accidents

With more people using services like Uber and Lyft during the holiday, rideshare accidents may occur. Victims can face complex insurance issues when injured as a passenger or in another vehicle.

Boating Accidents

Holiday weekends fill lakes and rivers with recreational boaters. Operator inexperience, intoxication, and overcrowded waterways often lead to serious boating collisions.

Personal Watercraft (PWC) Accidents

Jet skis and other PWCs are popular on long weekends. High speeds and reckless operation can cause severe injuries in collisions or ejections.

Parades and Public Gatherings

Large crowds can create unsafe conditions. Pedestrian accidents, trampling, or slip and fall injuries may happen when safety measures are not followed.

Barbecues and Backyard Parties

Premises liability accidents can occur at private gatherings. Guests may suffer burns, slip and fall injuries, or dog bites when property owners fail to provide a safe environment.

Firework Incidents

Fireworks are a tradition during Labor Day weekend. Mishandling them can cause severe burns, vision damage, or traumatic injuries.

Pools and Water Activities

Drownings and near-drowning accidents are a tragic risk at parties or community pools. Lack of supervision or safety equipment often contributes to these accidents.

Labor Day Safety Tips

Even with the risks, there are ways to reduce the chance of an accident.

Driving Safety

Use a designated driver, stay alert on the road, and allow extra time for traffic.

Hosting Safety

If you are hosting, secure walkways, monitor grills and fire pits, and provide a safe space for guests.

Firework and Pool Safety

Follow local firework regulations, supervise children near water, and require life jackets during boating or pool activities.

Why Hire Fielding Law

If your holiday weekend ended with an injury, you do not need to face the aftermath alone. Fielding Law is here to provide guidance, support, and advocacy. Our team listens to your story, investigates the cause of your accident, and works to hold the negligent party accountable. We understand the physical, emotional, and financial toll an injury brings, and we are committed to standing by your side.

Call 833.88.SHARK today for a free consultation with Fielding Law.

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

August 29, 2025
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robot hand holding a glass globe

Can AI Replace Lawyers?

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Bus Accident, 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

Can You Replace a Lawyer With AI?

Artificial intelligence tools like Chat GPT are gaining popularity. They can draft documents, explain legal concepts, and summarize laws. Some people now believe they can replace a lawyer with AI and handle legal issues on their own. This is misleading and risky. Legal cases require human advocacy, judgment, and compassion that AI cannot provide.

What AI Can and Cannot Do

AI Can:

  • Explain general legal ideas and procedures

  • Summarize statutes and regulations

  • Draft basic templates or documents

  • Suggest broad next steps

AI Cannot:

  • Provide personalized advice specific to your case

  • Investigate evidence or interview witnesses

  • Navigate complex California or Arizona laws

  • Represent you in court or negotiate with insurers

  • Offer strategy, empathy, or advocacy

Attempting to replace a lawyer with AI may result in missed deadlines, weak claims, or reduced compensation.

What Fielding Law Provides That AI Cannot

Personalized Legal Guidance

Our attorneys study every detail of your case and create strategies tailored to your circumstances.

Thorough Investigation

We gather evidence, interview witnesses, and build strong claims that AI tools cannot manage.

Negotiation and Advocacy

We handle insurance companies and opposing parties with proven negotiation skills and legal experience.

Courtroom Representation

If needed, we fight for you in court, file motions, and adjust strategies in real time.

Compassionate Support

We understand how stressful injuries are. Our team provides clear communication and empathy throughout the process.

Why Real Lawyers Matter

Legal representation requires strategy, adaptability, and human insight. Trying to replace a lawyer with AI leaves you without proper protection.

Why Hire Fielding Law

At Fielding Law, we combine experience, compassion, and skill to protect your rights. We fight for fair compensation and support clients every step of the way. Technology can assist, but it cannot replace a real lawyer.

Call 833.88.SHARK today for a Free Consultation and experience the difference of true legal advocacy.

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

August 29, 2025
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A young girl plays tennis in the summer

Avoiding a Summer Injury

By Brain Injury (TBI), Burn Injury, Personal Injury

With warm weather and longer days, summer is the perfect time to get outside, stay active, and enjoy your favorite sports and recreational activities. From pickup games at the park to neighborhood bike rides, there is no better season. However, amid all the excitement, it is easy to neglect proper care—or fall victim to someone else’s carelessness. If your summer injury was caused by negligence, you may have a personal injury case. Here are a few guidelines to help you stay safe and injury-free.

Common Injuries

By understanding common injuries, we can better protect ourselves—and know when a situation may have legal consequences.

Heat Exhaustion

Feeling dizzy, sweaty, or nauseous? Your body may be overheating and struggling to cool down.
Protecting Yourself
Avoid activity during extreme heat and take frequent breaks. If a coach, facility, or property owner failed to provide shade, hydration, or supervision, and you became ill, that could be considered negligence.

Stress Fractures

Repetitive activities like running can put too much pressure on bones, leading to small fractures.
Protecting Yourself
Ease into summer sports and include rest days. If a trainer failed to balance workouts or allowed unsafe repetition without breaks, they may be responsible for resulting injuries.

Tendonitis

Swollen or painful tendons often result from repeating the same motion too many times.
Protecting Yourself
Stretch regularly and check your form during activity. If a coach ignored warning signs, failed to adjust routines, or neglected injury prevention, this could be negligent training.

Concussions

A concussion is a brain injury that can occur after a bump or hit to the head.
Protecting Yourself
Always wear proper gear and follow the rules. If the school, camp, or facility failed to provide or maintain helmets or protective equipment, that is a serious oversight and may be grounds for a personal injury claim.

Sunburn or Blisters

Painful skin damage and fluid-filled blisters are signs of excessive sun exposure.
Protecting Yourself
Use sunscreen, reapply often, and wear a hat. If a coach or camp leader pushed children to play outdoors in extreme heat without breaks or failed to encourage sunscreen, that may be considered negligent supervision.

When Is Someone Else Legally Responsible?

Trainers, coaches, and property owners must take reasonable steps to prevent harm. Some examples of potential negligence include:

  • A summer camp counselor fails to supervise kids during a soccer game, and one is seriously injured.

  • A water sports instructor ignores life jacket protocols, and a participant is harmed.

  • A bike rental shop provides bikes with faulty brakes, resulting in injuries.

Why Hire Fielding Law

If summer fun turned into a serious injury due to someone else’s negligence, Fielding Law is ready to help. We understand the impact of sports-related and recreational injuries and will handle your case with care and skill. Call 833.88.SHARK for a free consultation and let us help you rise through this challenge—together.

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

August 13, 2025
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4 people grabbing food at a bbq food table

Top 10 BBQ Safety Tips

By Burn Injury, Personal Injury, Premises Liability

Hosting a BBQ is a great way to celebrate summer and get together with loved ones. At the same time, it is important to remember that a small oversight can lead to serious injuries or unexpected risks. At Fielding Law, we care deeply about those who have been injured, but we also believe the best outcome is preventing injuries before they happen. That is why we offer helpful tips and resources to help hosts create a safe, enjoyable environment, for everyone at their BBQ’s and summer gatherings. 

1. Choose the Right Location

Choose a flat, open area for your BBQ setup to ensure there is stability and heat can safely disperse. Grills get extremely hot, so placing them on level ground away from foot traffic helps prevent burns and accidents.

2. Check Your Equipment

Use proper BBQ tools, like long tongs and heat-safe gloves, to handle hot food safely and efficiently. 

3. Have an Extinguisher Close By

A fire extinguisher nearby allows you to speedily put out the small fires before they grow, preventing property damage, and giving you peace of mind while you cook. 

4. Clean Your Grill Regularly

Keep your grill clean by removing grease and food buildup. This helps prevent flare-ups and ensure more efficient and safer cooking. 

5. Avoid Lighter Fluid or Gasoline to Prevent Flare-Ups

Avoid using lighter fluid or gasoline, these are extremely flammable and difficult to control, putting everyone at risk of serious injury. 

6. Never Leave the Grill Unattended

Have someone watching the grill to catch flare-ups early and prevent them from becoming dangerous.  

7. Keep Kids and Pets Far Away From the Grill

Double-check that little ones are a safe distance from the grill. Give them a fun activity to do will keep them occupied and away from potential danger. 

8. Have an Assigned Adult on Pool Watch

To keep everyone safe, especially young children, make sure a responsible adult (18 or older) who is comfortable in the water is actively supervising the pool. A watchful eye can prevent accidents and foster an atmosphere of fun and safety. 

9. Cook and Chill Food Safe

Some foods on the grill may look done on the outside but are undercooked on the inside. Use a food thermometer to make sure meats reach a safe internal temperature. Also, keep cold items like potato salad chilled until serving to prevent foodborne illness. 

10. Cool It Down Properly After Use

A grill that is left hot can still pose risks hours after use. Cooling it down allows you to safely cover it, move it, or store it without any stress.  

At Fielding Law, we have your back. If you or loved ones have been injured due to someone’s carelessness, please do not hesitate to reach out. We are here to support you every step of the way. Contact us at 833.88.SHARK for a free consultation. 

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

July 2, 2025
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4th of july fireworks in the sky

4th of July Arizona Safety Tips

By Boating Accident, Burn Injury, Personal Injury

Arizona’s stunning landscapes make it a prime destination for 4th of July celebrations. From backyard barbecues to boating on Lake Havasu and hiking in Sedona, Arizonans love to get outdoors. However, the state’s extreme heat and fire-prone conditions pose serious risks during the holiday. Here is how to enjoy your Independence Day safely in Arizona.

Extreme Heat Precautions

Arizona temperatures often exceed 110°F during July.

  • Stay hydrated with water and electrolyte drinks.

  • Avoid peak heat hours (usually between 10 a.m. and 4 p.m.).

  • Wear light, breathable clothing and apply SPF regularly.

  • Know the signs of heatstroke: confusion, dry skin, dizziness, and fainting.

Wildfire Risk and Firework Laws

Fireworks can spark dangerous wildfires in Arizona’s dry climate.

  • Only use fireworks legally and in permitted areas.

  • Consider attending public firework shows instead of lighting your own.

  • Always have water or a fire extinguisher ready.

  • Check local fire restrictions before lighting anything.

Boating and Water Safety

Arizona’s lakes are packed during the 4th. Be safe while boating:

  • Wear life jackets — it is the law for children under 12.

  • Never operate a boat under the influence of alcohol.

  • Watch for other watercraft and swimmers.

  • Supervise kids at all times near the water.

Avoid Slip and Fall Hazards

From wet pool decks to uneven desert terrain, slips can lead to serious injuries.

  • Use caution around pools and patios.

  • Wear appropriate footwear when hiking or walking near water.

  • Property owners should ensure walkways are well-lit and maintained.

Why Hire Fielding Law

When accidents happen due to someone else’s negligence — whether from unsafe property conditions, reckless boating, or unlawful fireworks — Fielding Law is here to help. Our team understands the unique risks Arizona residents face during the holiday and offers compassionate, experienced representation.

Call for a free consultation at 833.88.SHARK to speak with our team today.

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

June 27, 2025
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people at a crowded restaurant

Injured at a Restaurant?

By Burn Injury, Personal Injury, Premises Liability, Slip or Trip and Fall

Dining out should be an enjoyable and relaxing experience, but sometimes a simple restaurant visit can take an unexpected turn. Accidents like scalding spills, slippery floors, or poorly maintained seating can lead to serious injuries—often requiring the help of a restaurant injury attorney to recover damages and protect your rights.

Common Types of Injuries

Burns or Scalds
  • Servers failing to warn guests about hot dishes or beverages
  • Spills from tea, coffee, or any other hot beverage
  • Table side cooking or open flames leading to accidental burns
Cuts or Punctures
  • Overlooked chipped or cracked glass
  • Broken dishes or glasses that are not cleaned up properly or quickly
  • Sharp silverware that isn’t checked, dull knives, and loose handles on knives
  • Sharp table edges and chairs
Food-Related Reactions
  • Improper food handling or preparation leading to allergic reactions or food poisoning
  • Staff not properly trained on ingredients or preparations, resulting in allergic reactions
Slip, Trips, and Falls
  • Dim or poor lighting
  • Wet floors with no sign
  • Loose floorboards, cracked tile, and uneven flooring
  • Misplaced mats or obstructed walkways
Falling Objects
  • Faulty Light Fixtures
  • Ceiling Panels
  • Tray or Plate Drops by Staff

What are My First Steps After?

  • Seek medical attention even if you feel that the injury is minor
  • Take pictures and video of the hazard, the area of the accident, and the injury
  • Collect Witness information
  • Report the incident to management and ask for a copy of the report
  • Reach out to a restaurant injury attorney, such as Fielding Law, as soon as you can.

Why Hire a Restaurant Injury Attorney?

It is understandable to feel uneasy about dining out; your past experiences can shape how you feel in situations like this. As we handle the legal side of your potential case, we can make this process comfortable and stress free for you and your loved ones. Fielding Law offers the dedicated support and legal expertise you need to confidently navigate the path to recovery after your injury. Reach out to us at 833.88 SHARK for your free consultation today-we are here for you and committed to guide you through your options.

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

June 19, 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, 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, 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, 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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