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Car Accident

People Toasting Wine Glasses at a New Year's party

Stay Safe from New Year’s Impaired Driving

By Car Accident

The Dangers of New Year’s Impaired Driving

New Year’s Eve brings celebration and excitement, but it is also one of the most dangerous nights to drive. Each year, Arizona and California police report more crashes caused by impaired driving during the holidays.

Impairment does not only mean drinking alcohol. It can include drug use, both legal and illegal, and even extreme tiredness. Prescription drugs and marijuana can slow reaction time and reduce coordination. Mixing alcohol with any drug makes the effects worse. Even when drivers believe they are fine, their judgment and reflexes may already be impaired.

How to Prevent Holiday Crashes

Planning ahead keeps celebrations safe and prevents tragedy.

  • Pick a sober driver before you drink or use any drug.

  • Use a rideshare or taxi if you plan to celebrate with alcohol or other substances.

  • Avoid mixing substances, even if one is prescribed.

  • Stay overnight near your celebration if driving home is not safe.

  • Report unsafe drivers if you see someone driving erratically or swerving.

Even small choices, such as giving your keys to a friend, can make a big difference.

What to Do After a New Year’s Impaired Driving Crash

If an impaired driver injures you or someone you love, take action quickly. First, get medical care right away. Then, contact Fielding Law for guidance. Our legal team helps people hurt by impaired drivers recover compensation for medical bills, lost wages, and pain and suffering.

We carefully investigate every case and communicate directly with insurance companies to protect your rights. Our attorneys stand by you throughout the process and fight for a fair outcome.

Why Hire Fielding Law

At Fielding Law, we treat clients with kindness, respect, and professionalism. Our team listens to your story and handles each case with care. We focus on helping victims of New Year’s impaired driving move forward and find peace of mind.

If you were injured by an impaired driver this New Year’s, call 833.88.SHARK to speak with an attorney who will fight for you and your recovery.

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

car driving on a road at dusk

What to Do After a Crash with a Driverless Vehicle

By Car Accident, Personal Injury, Product Liability, Wrongful Death

Why These Crashes Are Different

Self-driving cars are operating on public roads across California and Arizona. With companies like Tesla, Waymo, and Cruise expanding their presence, accidents involving autonomous vehicles are becoming more common. These crashes often raise more questions than answers.

If you are unsure after a self-driving car accident what to do, you are not alone. These incidents involve more than just human error—they may include software malfunctions, sensor failures, or remote operator mistakes. Knowing how to respond can protect your rights and strengthen your injury claim.

Step 1: Call 911

Always report the crash by calling 911. A police officer can create an official record of the accident and help determine whether the self-driving system was active. Even if you do not feel seriously injured, a report will be vital for any future legal action.

Step 2: Seek Medical Attention

Even in low-speed accidents, injuries may not appear right away. Always get a full medical evaluation after a crash. This protects both your health and your case. Documentation of your injuries is essential in a personal injury claim.

Step 3: Document the Scene

If it is safe, take photos and video of the vehicles, damage, license plates, nearby signage, and any branding that shows the vehicle was part of an autonomous fleet. Also look for witnesses and ask for their contact information.

Be sure to note whether there was a human driver present. Some vehicles operate fully autonomously, while others rely on human supervision.

Step 4: Do Not Trust the Technology

Although autonomous vehicle companies market their systems as safe and reliable, the reality is that these systems have failed to detect stop signs, pedestrians, and parked vehicles. Just because a vehicle was using self-driving technology does not mean it was operating safely or legally.

Manufacturers may try to blame you, even if a system error caused the crash. That is why legal help is critical.

Step 5: Speak to an Attorney Experienced with AV Claims

Not every law firm is equipped to handle accidents involving self-driving cars. These cases often require deep technical investigation, including data logs, vehicle software performance, and regulatory compliance.

At Fielding Law, we understand the complexity of self-driving technology and how to build a strong injury case. Whether the crash involved Tesla’s Autopilot, Waymo’s robotaxi, or another AV system, we know how to pursue accountability.

Why Hire Fielding Law

Fielding Law represents victims of car crashes in California and Arizona with professionalism, kindness, and capability. We stay ahead of evolving technology and emerging legal challenges, including cases involving self-driving vehicles.

If you were involved in a self-driving car accident, what to do next can feel overwhelming. Let us help you make sense of the situation and fight for the compensation you deserve.

Contact Fielding Law at 833.88.SHARK for a free consultation today.

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

hotel lobby with holiday decor

Holiday Hotel Injuries: What You Need To Know

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

During this special time of the year, traveling with loved ones is an opportunity to unwind and enjoy the holiday spirit together. But even the most festive trip can turn into a stressful one when hotels, Airbnbs or small family-run inns fail to provide a safe and reliable stay. Lodging issues can instantly transform a joyful, stay into a holiday hotel injury fiasco. How about we walk through some common examples of negligence so you and your family can be informed and know exactly what a holiday hotel injury is. 

Room Conditions

  • Dirty or Unclean Rooms – Dirty rooms can expose guests to bed bugs, mold, or allergens that may trigger health concerns. 
  • Broken Heating in Winter – Heating failures in cold weather can create fire hazards and cause smoke detectors to malfunction. 
  • Non Functioning Showers or Plumbing – Plumbing issues can lead to flooding, water damage, or difficulty maintaining hygiene. 
  • Slippery Tile Slippery bathroom tile without non-slip rugs increases the risk of slips and falls. 
  • Missing Handicap Shower Bars The absence of support bars creates a safety risk for seniors or guests with mobility challenges or anyone using the shower, especially when the surface is wet. 
  • Hot Sink Water Extremely hot sink water can cause scalds and serious burns. 

Safety & Security Issues 

  • Assault and Theft – Guests and their property may be at risk due to potential assaults and theft. 
  • Poor Lighting in Parking Lots – Inadequate lighting increases the likelihood of theft, assaults, and accidents. 
  • Broken Locks – Damaged or faulty locks compromise security and may allow unauthorized access.  
  • Icy Walkways – Slippery surfaces can lead to slips and falls, posing a hazard to guests. 
  • Unkept Walkways – Broken sidewalks and uneven parking lots create safety risks for pedestrians and vehicles. 
  • Improperly Maintained Flooring – Flooring in poor condition can become a tripping hazard for guests.  

Gym Conditions

  • Improperly stored equipment – Weights left on the floor can cause someone to trip and fall. 
  • Treadmill malfunctions – Sudden stops or malfunctions may throw a person off balance, leading to injury. 
  • Unstable squat racks or improperly locked bars – These can collapse or shift, resulting in serious injury. 
  • Broken or frayed cables on weight machines – Damaged cables may cause weights to snap down unexpectedly, posing a danger to users. 

Hot Tubs and Pools 

  • Poorly Maintained Pool Decks – Slippery or damaged pool decks can lead to slips and falls 
  • Chemical Burns or Respiratory Irritation – Improperly balanced pool chemicals may cause burns or respiratory issues. 
  • Electrical Shock Risks – Heating or lighting systems that are not properly maintained can create a risk of electrical shock. 

Complimentary Breakfast 

  • Food Poisoning Consuming undercooked eggs, meats, or other foods can lead to foodborne illness. 
  • Cross-Contamination Illnesses – Handling raw and cooked foods together may cause the spread of harmful bacteria.  
  • Cuts Broken plates, glassware, or faulty equipment can result in cuts or lacerations. 
  • Choking Hazards – Poorly prepared food items may pose a choking risk to guests. 

Where Our Expertise Matters  

If you or a loved one has experienced any form of negligence leading to holiday hotel injuries, you deserve support. Fielding Law is here to help you every step of the way. We are committed to safeguarding your rights and providing guidance, so your Christmas Hotel experience goes smoothly with loved ones. Reach out to our team at 833.88 SHARK for your free consultation today.  

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

SUV with dark tint on the windows

California Window Tint Laws and Crash Risks

By Car Accident, Motorcycle Accident, Pedestrian Accident, Truck Accident, Wrongful Death

How Dark Tint Becomes Dangerous

In California, window tint that is too dark is more than just a vehicle code violation. It can be a direct cause of serious traffic accidents. Overly tinted windows reduce a driver’s ability to see their surroundings, especially at night or in poor weather. They can also make it harder for pedestrians, cyclists, and other drivers to see who is behind the wheel.

If you were injured in a crash and believe window tint played a role, you may be entitled to compensation. At Fielding Law, we help Californians hold negligent drivers accountable for the harm they cause.

Common Ways Dark Tint Causes Accidents

Dark tint interferes with visibility in key driving situations. This can include:

  • Not seeing a pedestrian in a crosswalk

  • Failing to notice a motorcyclist or cyclist approaching from the side

  • Poor visibility while reversing or changing lanes

  • Reduced eye contact at intersections, which helps determine right of way

  • Delayed reaction times due to poor visibility at night

In these situations, even a small delay or blind spot can lead to a major injury.

California’s Window Tint Laws

California Vehicle Code § 26708 regulates how much tint is allowed on a vehicle’s windows. These rules are in place to balance sun protection with safety.

  • Front side windows must allow more than 70% of visible light to pass through

  • Windshields may only have non-reflective tint on the top 4 inches

  • Rear side and rear windows may be tinted if the vehicle has dual side mirrors

  • No tint on any window may be reflective or mirrored

When a driver ignores these rules, it can be seen as negligence, especially if the tint contributed to a crash.

Legal Options After a Tint-Related Crash

If you are injured in a car accident and the other driver had illegal window tint, that violation may be key evidence in your claim. In California, proving that a driver broke the law can help establish fault.

Examples of when dark tint may support your case include:

  • A driver failed to yield because they did not see you

  • A driver swerved into your lane due to limited side visibility

  • A driver hit you while reversing or turning and admitted they could not see

In each of these examples, the illegal tint could be considered a contributing factor.

How Fielding Law Can Help

At Fielding Law, we look at every detail that could support your case. When investigating an accident involving dark tint, we may:

  • Review traffic and police reports for citations

  • Obtain photographs or footage of the vehicle’s windows

  • Consult visibility experts or accident reconstruction specialists

  • Interview witnesses who observed the crash or vehicle condition

We build a strong case based on facts, law, and expert insight.

Why Hire Fielding Law

Choosing the right attorney matters, especially when proving that someone else’s decisions caused your injury. At Fielding Law, we combine professionalism, kindness, and real courtroom experience to fight for your future. If dark tint contributed to your accident, we are ready to help you seek justice and recovery.

Call 833.88.SHARK or contact Fielding Law for a free consultation today.

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

red car decorated for a christmas road trip

College Road Trip Safety Guide for Winter Break

By Car Accident, Personal Injury

As the holidays approach, the roads begin to fill with students and other travelers heading home to be with family. On top of the increased traffic, winter weather can make driving conditions more dangerous—with snow-packed, wet, and slick roads becoming more common. What might seem like a simple or routine trip home could take a turn for the worse if caution is not taken.

Pre-Trip Preparation

To stay safe and prepared, students should bring along a few of these handy essentials and be sure to share their route and estimated arrival time with someone they trust.

  • Emergency kit – Include jumper cables, a flashlight, a blanket, snacks, first aid supplies, and water bottles
  • Spare tires – Make sure your spare tire is aired up, and if used previously, purchase a new one
  • Gravel or kitty litter – Can help provide traction if your car gets stuck on ice or snow

Stay Focused Behind the Wheel

Long drives can make it challenging to stay alert. Students can use these tips to stay focused and safe on the road:

  • Set their navigation and playlists before hitting the road to stay focused from the start
  • Silence phone notifications to limit distractions while driving
  • Avoid eating or reaching for items so full attention stays on the road
  • Never drive drowsy – take breaks every two hours to rest and recharge
  • Remember: drowsy driving is considered impaired driving in both California and Arizona

Carpooling and Safety

Many students carpool to save money or make the trip more enjoyable. To stay safe, keep these quick tips in mind:

  • Take turns driving regularly to prevent fatigue
  • Make sure seatbelts are fastened so everyone is protected
  • Set expectations early about phone use and music before hitting the road

Handling a Car Accident on the Way Home

It is heartbreaking for parents when the excitement of welcoming their college students home for the holidays turns into worry after an accident. At Fielding Law, we provide a simple, step-by-step guide for handling minor car accidents to help make the experience a little less stressful. We encourage college students and all drivers to print these guides and keep them in their glove compartments for peace of mind on the road.

We Want You to Be Safe

At Fielding Law, we care deeply about keeping families safe and together during the holidays. If students ever experience injuries while traveling, know that we are here to guide and support you through every step of recovery. Contact us at 833.88.SHARK for your free consultation today.

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

holiday decor on a table with glasses and plates

Legal Tips After Holiday Accidents

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

Legal Tips After Holiday Accidents

The holiday season brings joy, gatherings, and festive celebrations, but it also increases the risk of accidents. Slippery walkways, crowded stores, and decorations can create hazards for visitors and shoppers. When injuries occur, understanding your legal options is essential.

Property Owner Liability

Property owners have a duty to maintain a safe environment for guests and visitors. This includes clearing ice and snow, promptly addressing spills, and removing tripping hazards. If an accident occurs due to a property owner’s negligence, they may be held responsible for resulting injuries. This is especially important during the holidays when foot traffic is higher than usual.

Dealing with Insurance

After a holiday accident, insurance companies often become involved. Property owners’ insurance may cover medical expenses and damages, but navigating claims can be challenging. To protect your case, consider these steps:

Proper documentation strengthens your case and ensures you receive fair compensation.

When to Contact an Attorney

Not every accident requires legal representation, but contacting a holiday accident lawyer early can protect your rights. An attorney can evaluate your case, help communicate with insurance companies, and determine if the property owner was negligent. Legal guidance is especially important if injuries are severe, if the insurance company delays or denies your claim, or if liability is disputed.

Why Hire Fielding Law

Fielding Law has extensive experience helping clients injured due to negligent property owners. We provide compassionate guidance, aggressive representation, and thorough support from start to finish. Our goal is to help you focus on recovery while we handle the legal process. If you or a loved one was injured in a holiday accident, do not wait. Contact Fielding Law at 833.88.SHARK today to discuss your case.

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

Rideshare driver and passenger in a car

Rideshare Accident Claims vs. Traditional Taxi Claims

By Car Accident, Rideshare Accident

Understanding the Differences in Passenger Claims

When passengers are injured in an accident involving a rideshare vehicle or a traditional taxi, the process for seeking compensation can be very different. Knowing these distinctions can help protect your rights and ensure you take the right steps after an accident.

Rideshare Accident Claims

Rideshare services such as Uber and Lyft operate under a different legal and insurance framework than traditional taxis. These companies classify their drivers as independent contractors, not employees. Because of this, liability and coverage depend on the driver’s status at the time of the accident:

  • App Off: If the driver is not logged into the rideshare app, their personal auto insurance applies.

  • App On, Waiting for a Ride: Limited liability coverage from the rideshare company may apply, in addition to the driver’s own insurance.

  • Ride Accepted or Passenger in Vehicle: The rideshare company’s full commercial policy, often up to $1 million in liability coverage, generally applies.

Passengers can benefit from these policies, but insurance companies may dispute who is liable or how much compensation is owed.

Traditional Taxi Accident Claims

Taxi companies operate under a more traditional business structure, with drivers typically considered employees or licensed contractors working under strict company rules. Key differences include:

  • Commercial Insurance: Taxis must carry commercial insurance policies, often with set minimum coverage mandated by local laws.

  • Direct Company Liability: If the driver was at fault, the taxi company is usually directly liable for damages because of the employment relationship.

  • Fewer Coverage Tiers: Unlike rideshare claims, there are not separate coverage levels based on the driver’s “status.” If the taxi was on duty, the commercial policy should apply.

What Passengers Should Know

Whether you are injured in a rideshare or taxi accident, your rights and options depend on the circumstances and local laws in California and Arizona.

Important tips for passengers:

  • Seek medical attention immediately to document your injuries.

  • Gather evidence such as driver information, vehicle details, and witness statements.

  • Understand coverage before making statements to insurance companies.

  • Consult an attorney familiar with rideshare accident claims who understands both rideshare and taxi regulations.

Why Hire Fielding Law

At Fielding Law, we know how overwhelming the aftermath of an accident can be. Our caring and capable team has the knowledge to navigate the unique challenges of rideshare and taxi accident claims in both California and Arizona. We are committed to protecting your rights and ensuring you receive fair compensation for your injuries. Call 833.88.SHARK to speak with our team today.

Understanding the Differences in Passenger Claims

When passengers are injured in an accident involving a rideshare vehicle or a traditional taxi, the process for seeking compensation can be very different. Knowing these distinctions can help protect your rights and ensure you take the right steps after an accident.

Rideshare Accident Claims

Rideshare services such as Uber and Lyft operate under a different legal and insurance framework than traditional taxis. These companies classify their drivers as independent contractors, not employees. Because of this, liability and coverage depend on the driver’s status at the time of the accident:

  • App Off: If the driver is not logged into the rideshare app, their personal auto insurance applies.

  • App On, Waiting for a Ride: Limited liability coverage from the rideshare company may apply, in addition to the driver’s own insurance.

  • Ride Accepted or Passenger in Vehicle: The rideshare company’s full commercial policy, often up to $1 million in liability coverage, generally applies.

Passengers can benefit from these policies, but insurance companies may dispute who is liable or how much compensation is owed.

Traditional Taxi Accident Claims

Taxi companies operate under a more traditional business structure, with drivers typically considered employees or licensed contractors working under strict company rules. Key differences include:

  • Commercial Insurance: Taxis must carry commercial insurance policies, often with set minimum coverage mandated by local laws.

  • Direct Company Liability: If the driver was at fault, the taxi company is usually directly liable for damages because of the employment relationship.

  • Fewer Coverage Tiers: Unlike rideshare claims, there are not separate coverage levels based on the driver’s “status.” If the taxi was on duty, the commercial policy should apply.

What Passengers Should Know

Whether you are injured in a rideshare or taxi accident, your rights and options depend on the circumstances and local laws in California and Arizona.

Important tips for passengers:

Why Hire Fielding Law

At Fielding Law, we know how overwhelming the aftermath of an accident can be. Our caring and capable team has the knowledge to navigate the unique challenges of rideshare and taxi accident claims in both California and Arizona. We are committed to protecting your rights and ensuring you receive fair compensation for your injuries. Call 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.

Insurance adjuster sitting at desks with headsets on

How to Handle Insurance Adjusters After an Injury

By Car Accident, Personal Injury

If you have been injured, insurance adjusters may contact you soon after your accident. While they may seem helpful, it is important to understand that their goal is to protect the insurance company’s interests—not yours. Knowing how to handle these conversations can protect your rights and your claim.

What Is the Role of Insurance Adjusters?

Insurance adjusters investigate injury claims for insurance companies. They gather information about your accident and injuries to decide how much the insurance company should pay. They may ask detailed questions or request a recorded statement. It is important to be cautious and avoid saying anything that might harm your case.

Be Careful With What You Say

Do not admit fault or minimize your injuries when talking to an insurance adjuster. Simple statements like “I am fine” or “It was my fault” can be used to reduce or deny your claim. Instead, give only basic facts and avoid discussing details of the accident or how you feel.

Avoid Giving Recorded Statements Without Legal Advice

Insurance companies often request recorded statements. These can be risky because your words can be misunderstood or taken out of context. Before providing any recorded statement, contact a personal injury lawyer. A lawyer from Fielding Law can help protect your interests and guide you through the process.

Why Contact Fielding Law?

At Fielding Law, we understand the pressure injured clients face from insurance companies. Our experienced attorneys handle all communication with insurers for you. We focus on getting you the compensation you deserve for your medical bills, lost income, and pain and suffering. We are here to support you every step of the way.

Keep Records of All Communication

Make sure to document all calls, emails, or letters from insurance companies. Write down dates, times, and details of what was discussed. This information can be crucial if your claim faces challenges or if you need to take legal action.

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

open books on a table

Términos Que Debes Conocer en Casos de Lesiones Personales

By Bicycle Accident, Boating Accident, Car Accident, Español, Personal Injury, Premises Liability, Public Entity

El derecho de lesiones personales puede parecer abrumador al principio, especialmente si es la primera vez que atraviesas este proceso. Después de un accidente que no fue tu culpa, es completamente normal sentirte inseguro o agobiado por lo que viene a continuación. Por eso hemos creado esta sencilla guía para ayudarte a comprender algunos de los términos clave del derecho de lesiones personales. Nuestro objetivo es ofrecerte mayor claridad y ayudarte a sentirte más seguro a medida que avanzas en el proceso legal. Incluso una comprensión básica de la terminología puede hacer que el camino parezca un poco más accesible y menos abrumador.

Lesiones Personales

  • Daño físico, mental o emocional sufrido por una persona debido a la falta de actuación responsable de otra.
  • Ejemplos: accidente de bicicleta, accidente en bote, mordedura de perro, accidente automovilístico, responsabilidad de entidad pública o responsabilidad de locales/comercios.

Negligencia

  • Falta de tomar las precauciones adecuadas o de actuar con el nivel de cuidado necesario, lo que resulta en daño o perjuicio a otra persona.
  • Ejemplo: Un conductor envía mensajes de texto mientras maneja y se pasa un semáforo en rojo, chocando con otro automóvil. El conductor no cumplió con las leyes de tránsito ni prestó la debida atención.

Demandante

  • ¡Tú! La persona que inicia una demanda presentando una queja contra otra parte. Eres quien emprende la acción legal y busca una compensación por los daños, y a quien nosotros en Fielding Law representamos.

Demandado

  • ¡Ellos! La persona, empresa u organización a la que se culpa o se demanda en un caso legal, es decir, la parte que se considera que actuó de manera indebida.

Reclamación

  • Cuando alguien busca justicia legal por un daño que ha sufrido, generalmente para obtener apoyo, responsabilizar a quien corresponde y lograr un sentido de cierre.

Responsabilidad

  • Ser legalmente responsable de causar un accidente o daño. La persona responsable debe cubrir los gastos médicos, la pérdida de ingresos u otros costos después de un accidente.

Compensación

  • Dinero o apoyo que alguien recibe después de resultar herido o perjudicado por las acciones o negligencia de otra persona. Esto ayuda a cubrir gastos como facturas médicas, pérdida de ingresos, dolor y sufrimiento, y otras pérdidas.

Gravamen Médico

  • Dinero otorgado a alguien que ha resultado herido o ha sufrido una pérdida debido a las acciones de otra persona.

Cómo Fielding Law Puede Guiarte

En Fielding Law, nos comprometemos a hacer más que solo guiarte a través de los términos legales. Estamos aquí para asegurarnos de que te sientas apoyado y comprendido durante todo el proceso. Si tú o un ser querido tienen alguna pregunta o inquietud, por favor contáctanos al 833.88.SHARK. Tu tranquilidad es importante para nosotros y queremos que te sientas con confianza al avanzar.

Nota: La información proporcionada es para fines educativos y no constituye asesoramiento legal. Siempre consulte con un abogado calificado para inquietudes legales.

Two minors playing with toys

Minor’s Compromise in California and Arizona

By Bicycle Accident, Bus Accident, Car Accident, Catastrophic Injury, Motorcycle Accident, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death

Understanding Minor’s Compromise

When a child suffers an injury in California or Arizona, the law requires special approval before settling a personal injury claim. This process, called Minor’s Compromise, ensures the court protects the child’s best interests. Unlike adult claims, minors cannot legally sign contracts or settlements. Because of this rule, parents or guardians must seek court approval for any settlement involving a child.

Why Courts Use Minor’s Compromise

Courts want to protect children from unfair or rushed agreements. Insurance companies may try to settle quickly and pay less than the claim deserves. A Minor’s Compromise prevents this by requiring a judge to review the proposed settlement. The judge ensures the amount is fair, that medical expenses are covered, and that the funds will benefit the child.

Minor’s Compromise in California

California requires strict oversight to protect minors. Parents or guardians cannot finalize an injury settlement for a child without court approval. This means that even if the insurance company agrees to pay compensation, the settlement is not binding until a judge reviews it.

Some key points in California:

  • A petition for approval must be filed in the court.

  • A judge will evaluate attorney’s fees, medical bills, and the net recovery for the child.

  • In some cases, a guardian ad litem may be appointed to represent the child’s best interests.

  • Settlement funds are often deposited into a blocked account, accessible only when the minor turns 18.

Minor’s Compromise in Arizona

Arizona follows a similar principle but has some differences. Any settlement involving a minor that exceeds $10,000 requires court approval. Like California, the court ensures the funds are preserved and used appropriately for the child’s benefit.

Key points in Arizona:

  • A parent, legal guardian, or appointed guardian ad litem files the petition.

  • The court examines the fairness of the settlement and attorney’s fees.

  • Funds may be placed into restricted accounts or structured settlements.

  • The goal is to make sure the child’s future financial needs are protected.

Role of a Guardian ad Litem

A guardian ad litem plays a critical role in Arizona and sometimes in California. This representative does not work for the insurance company or even the parents. Instead, they act only for the child’s interests. The guardian ad litem reviews the settlement details, checks the medical evidence, and advises the court on whether the agreement protects the child.

How Fielding Law Can Help

Dealing with Minor’s Compromise can feel overwhelming. Fielding Law understands the legal rules in both California and Arizona and guides families through every step. Our attorneys help prepare petitions, gather medical evidence, and represent families at court hearings. We ensure settlements protect the child’s future and meet court requirements. If your child suffered an injury, you should not face the legal system alone. Call 833.88.SHARK for a free 24/7 consultation about your child’s injuries and learn how we can help protect their future.

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

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