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Brain Injuries and Misconceptions

By Brain Injury (TBI), Car Accident, Catastrophic Injury, Personal Injury, Public Entity, Slip or Trip and Fall, Wrongful Death

Brain injuries are serious and often misunderstood casualties of accidents, such as car crashes, slip-and-fall incidents, or workplace injuries. Misconceptions about brain injuries can lead to delayed treatment, underestimated symptoms, and missed opportunities for proper care. This series of false judgments can complicate personal injury claims, making it difficult for victims to receive the compensation they deserve.  

MYTH: Mild Concussions Are Not Mild

The term “mild concussion” can be misleading, causing some to believe that the injury will not lead to serious consequences. However, the truth is that such injuries can have lasting effects, often more severe than they initially appear.

Insurance companies often downplay these injuries, aiming to reduce payouts and leaving injured individuals without proper compensation. The aftermath of even a mild concussion can cause memory loss, difficulty concentrating, and emotional changes that can affect a person’s life for months or even years.

It is essential to seek immediate medical care after a head injury and keep detailed records for health reasons and legal protection. Having thorough documentation can help play a big role if you need to pursue compensation or seek legal action. 

MYTH: Symptoms Do Not Always Appear Right Away  

Sometimes, the symptoms of a brain injury can be subtle, especially in the hours following an accident. It is not uncommon for someone to feel relatively normal but begin experiencing difficulties later. Problems such as headaches, dizziness, or mood changes may go unnoticed, yet they are often signs of a more serious injury. Without recognizing these signs early, it may be harder to connect the injury to the accident. That is why it is important to receive medical care right away.  

MYTH: You Can Recover Without Treatment  

Many believe that brain injuries will heal on their own with time. However, this is a dangerous misconception. The brain is an intricate organ, and even a seemingly mild injury can have lasting effects if left untreated. Brain injuries often require more than just rest; they demand specialized treatment to address the physical, emotional, and cognitive challenges that may arise.

As you consider a personal injury claim, it is important to factor in the costs of these necessary treatments. The road to recovery may involve lifelong support. The team at Fielding Law understands how it is key to receive compensation for both your current and future medical needs. Consider working with professionals so you can focus on recovering with care and support.  

FACT: Fielding Law is There for You

Understanding the truth behind the misconceptions about brain injuries is important for protecting your health and legal rights. Myths can lead to significant delays in treatment and challenge your ability to pursue a fair personal injury claim. You do not have to face these complicated medical and legal obstacles alone.

At Fielding Law, we provide knowledgeable support every step of the way. Our team is dedicated to helping you navigate the path to recovery and justice. With our free consultation, we are committed to giving you the compensation you deserve. Call us at 833.88.SHARK if you or your loved one has experienced a brain injury. 

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

March 5, 2025
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Spring break gear at the pool sitting on a chair. Including white hat, sunglasses, digital book reader, towel.

Top 15 Spring Break Destinations & Common Injuries

By Assault, Car Accident, Personal Injury, Personal Watercraft (PWC) Accident, Ski & Snowboard Accident, Slip or Trip and Fall

Spring Break is a time for relaxation and adventure, whether it is lounging on a beach, exploring a new city, or hitting the slopes. However, with the increase in travel and recreational activities, accidents and injuries also rise during this time of year. Knowing the risks associated with popular Spring Break destinations can help travelers stay safe and understand their legal rights if an accident occurs.

Top 15 Spring Break Destinations

  1. Miami, Florida – Known for its vibrant nightlife, South Beach, and warm weather, Miami is a top Spring Break destination.
  2. Cancún, Mexico – A popular international choice, Cancún offers all-inclusive resorts, white sand beaches, and lively parties.
  3. Las Vegas, Nevada – With its casinos, entertainment, and pool parties, Las Vegas remains a Spring Break hotspot.
  4. Orlando, Florida – Home to Walt Disney World and Universal Studios, Orlando is a favorite for families and thrill-seekers.
  5. San Diego, California – With its beaches, city attractions, and outdoor adventures, San Diego appeals to all types of travelers.
  6. South Padre Island, Texas – Known for its Gulf Coast beaches and party scene, this destination attracts many college students.
  7. New Orleans, Louisiana – The city’s music, culture, and festive atmosphere make it a unique Spring Break option.
  8. Lake Havasu, Arizona – Popular for boating and water sports, Lake Havasu is a top pick for Spring Breakers looking for adventure.
  9. Los Angeles, California – The combination of beaches, Hollywood attractions, and nightlife makes Los Angeles a top destination.
  10. Panama City Beach, Florida – Previously known as the “Spring Break Capital of the World,” this beach town still draws many visitors.
  11. Puerto Rico – Offering beautiful beaches and a lively nightlife, Puerto Rico is a convenient destination for U.S. travelers.
  12. Denver, Colorado – For those who prefer the mountains over the beach, Denver is a gateway to top ski and snowboarding resorts.
  13. Gulf Shores, Alabama – A quieter alternative to Florida, Gulf Shores offers beaches and outdoor activities.
  14. Nashville, Tennessee – With live music, great food, and a lively downtown, Nashville is becoming a popular Spring Break destination.
  15. Scottsdale, Arizona – Known for its luxury resorts, warm weather, and golf courses, Scottsdale is ideal for a relaxing getaway.

Common Spring Break Injuries and Statistics

While Spring Break is a time for fun, it also comes with an increased risk of accidents. Some of the most common injuries include:

  • Car Accidents – Increased traffic, unfamiliar roads, and impaired driving contribute to a spike in crashes. According to the National Highway Traffic Safety Administration (NHTSA), fatal drunk driving accidents increase by nearly 23 percent during Spring Break.
  • Slip and Falls – Hotels, nightclubs, and pools can present hazardous conditions, leading to serious injuries.
  • Boating and Water Accidents – Destinations with lakes and beaches see a rise in boating accidents, jet ski crashes, and drowning incidents. The U.S. Coast Guard reports that alcohol is the leading cause of fatal boating accidents.
  • Alcohol-Related Injuries – A study by the Centers for Disease Control and Prevention (CDC) found that excessive drinking during Spring Break results in thousands of emergency room visits each year.
  • Ski and Snowboarding Injuries – For those traveling to mountain destinations, injuries from skiing and snowboarding are common, with an estimated 600,000 accidents occurring annually.
  • Assaults and Altercations – Overcrowded party environments often lead to an increase in fights and other violent incidents.

What to Do If You Are Injured on Spring Break

If an accident occurs while traveling, taking the right steps can make a significant difference in protecting your health and legal rights.

Why Hire Fielding Law?

At Fielding Law, we understand how challenging it can be to deal with an injury while away from home. Our team is experienced in handling personal injury claims and can help you pursue compensation for medical bills, lost wages, and pain and suffering. If you or a loved one is injured during Spring Break, call 833.88.SHARK for a free consultation.

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

March 4, 2025
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Woman sitting on a table stretching at the chiropractor office. Doctor is standing behind her

Chiropractic Care After an Accident

By Car Accident, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury

Chiropractic care after an accident can be a critical part of your recovery. Injuries sustained in accidents often involve the musculoskeletal system, causing pain, stiffness, and reduced mobility. Chiropractors specialize in treating these injuries, providing non-invasive methods to restore your health and well-being. If you have been injured, understanding the role of chiropractic care is essential.

Benefits of Chiropractic Care

Chiropractic care offers a range of benefits for those recovering from accident-related injuries. These include:

  • Pain Relief Without Medications: Chiropractors use non-invasive techniques to address pain, avoiding reliance on prescription drugs.
  • Improved Mobility: Treatments like spinal adjustments help restore range of motion and ease stiffness.
  • Inflammation Reduction: Chiropractic care targets inflammation, which is a common cause of discomfort after an accident.
  • Prevention of Chronic Issues: Early and consistent care can prevent long-term complications, such as chronic pain or mobility limitations.
  • Customized Treatment Plans: Chiropractors provide personalized care tailored to your specific injuries and recovery goals.

These benefits not only support physical recovery but also improve your overall quality of life after an accident. Seeking chiropractic care promptly can make a significant difference in your healing journey.

How Chiropractors Support Your Recovery

Chiropractors use techniques like spinal adjustments and therapeutic exercises to treat accident-related injuries. These treatments realign the body and reduce tension in the muscles, helping to restore normal function. With consistent care, you may experience faster healing and a reduction in discomfort. Additionally, chiropractors provide tailored care plans to meet your unique needs.

Chiropractic Care Strengthens Your Claim

Chiropractic care does more than aid recovery. It can also play a key role in your personal injury claim. By documenting your injuries, treatments, and progress, chiropractors provide valuable evidence that supports the validity of your case. Combined with other medical records, this documentation strengthens your claim for compensation.

Why Hire Fielding Law

At Fielding Law, we understand the physical and emotional challenges you face after an accident. Our team is here to provide legal guidance with compassion and expertise. Chiropractic care can be a vital component of your recovery, and we will ensure it is factored into your claim. Call 833.88.SHARK today 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 24, 2025
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Driver going fast on the road.

What is Assumption of Risk?

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

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

What is Assumption of Risk?

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

Types of Assumption of Risk

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

Express Assumption of Risk

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

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

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

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

How Does Assumption of Risk Affect Personal Injury Claims?

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

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

How to Protect Yourself

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

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

Why Choose Fielding Law?

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

If you have questions about your personal injury claim or need guidance on how assumption of risk may apply to your situation, contact Fielding Law at 833.88.SHARK. We are here to help you every step of the way.

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

February 17, 2025
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White autonomous car driving on a road with trees around

Can You Sleep in an Autonomous Car?

By Car Accident

As self-driving technology advances, many wonder if autonomous cars make it possible to sleep during a ride. While the convenience is appealing, both California and Arizona laws—and current vehicle capabilities—make sleeping in autonomous vehicles unsafe and illegal.

Laws in California and Arizona

California and Arizona allow the use of autonomous vehicles, but strict regulations ensure safety and accountability.

  • California: Drivers must remain behind the wheel, attentive, and capable of taking control at all times. Self-driving systems in public use (Level 2 or 3 automation) are not fully autonomous and require active human oversight.
  • Arizona: Known for encouraging autonomous vehicle testing, Arizona still requires human presence and attentiveness in most self-driving cars, as they are not equipped to handle every situation independently.

Hands on the Wheel: Is It Required?

Yes, drivers in California and Arizona are typically required to keep their hands on the wheel while using autonomous features. Cars on the market today rely on the driver for intervention during unexpected events or system errors. Removing your hands from the wheel, or attempting to Sleep in an autonomous car, can result in legal consequences and increased liability in an accident.

Safety Risks

If you sleep in an autonomous car it poses significant risks, even in advanced models. Current technology is not capable of addressing every scenario on the road.

Key concerns include:

  • System Errors: Malfunctions or glitches can lead to dangerous situations.
  • Delayed Reaction Time: Sleeping makes it impossible to intervene during emergencies.
  • Environmental Challenges: Bad weather, poor road conditions, or unpredictable drivers require human input.

Why Hire Fielding Law?

At Fielding Law, we are committed to helping clients navigate the complexities of cases involving autonomous vehicles. Whether you are involved in a collision or dealing with a product liability issue, our knowledgeable team will fight to secure the compensation you deserve. Contact us for a free 24/7 consultation at 833.88.SHARK to discuss your case today.

The Future of Autonomous Vehicles

While fully autonomous vehicles may one day allow passengers to sleep safely, that reality is still years away. California and Arizona regulations, along with current technological limitations, require drivers to remain attentive and engaged.

By understanding the laws and staying informed, you can enjoy the benefits of self-driving technology while ensuring your safety and the safety of others. Trust Fielding Law to provide compassionate, capable support for all your personal injury and auto accident needs.

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

February 13, 2025
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Jeep with modifications on a gravel road in the trees with a rocky mountain behind the trees

Jeep Modifications and Insurance Trouble

By Car Accident

Are Jeep Modifications a Risk?

Jeep enthusiasts in California and Arizona love upgrading their vehicles, but Jeep modifications can lead to insurance challenges. Each state has unique laws that may affect your coverage.

Common Jeep Modifications That Could Cause Issues

Some Jeep modifications might complicate insurance claims in California and Arizona:

  • Suspension Lifts: Exceeding legal height limits could void insurance policies.
  • Oversized Tires: These changes can reduce control and increase liability risks.
  • Engine Upgrades: Insurers may see enhanced performance as a liability.
  • Custom Lighting: Non-compliant or improperly installed lights may violate state laws.
  • Aftermarket Roll Cages: While they can improve safety off-road, roll cages might complicate insurance claims if they interfere with crash safety systems or airbags.

How Modifications Impact Insurance in California and Arizona

Failing to disclose modifications or using non-compliant upgrades can lead to:

  • Policy Cancellations: Insurance companies may cancel coverage if modifications are not approved.
  • Claim Denials: Undisclosed changes might violate policy terms.
  • Increased Liability: Modified vehicles may shift more blame onto the driver in an accident.

California and Arizona Laws on Jeep Modifications

  • California: Known for strict emissions and safety standards, modifications must adhere to regulations. For example, engine modifications must meet the California Air Resources Board (CARB) standards.
  • Arizona: While slightly more lenient, Arizona requires compliance with bumper height, tire tread depth, and lighting regulations.

Tips to Avoid Insurance Problems

To protect yourself and your vehicle:

  • Report all modifications to your insurance company.
  • Ensure all changes comply with state laws.
  • Keep documentation, including receipts and installation records.
  • Work with professionals to ensure compliance.

Why Choose Fielding Law

Insurance complications from Jeep modifications can be overwhelming. At Fielding Law, we provide expert legal support tailored to California and Arizona residents. Our caring and capable attorneys will help you navigate your claim and fight for the compensation you deserve. Call 833.88.SHARK today for a free consultation.

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

February 12, 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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Super Bowl Football on a field at night with an empty stadium in the background

Super Bowl Safety Starts Here

By Car Accident, Catastrophic Injury, Personal Injury, Wrongful Death

How to Stay Safe on Game Day

The Super Bowl is a time for celebration, but it also comes with risks. Studies show a 22% increase in DUI-related crashes on Super Bowl Sunday compared to other February Sundays (Source: National Highway Traffic Safety Administration). Taking the right precautions can help prevent accidents and injuries.

How to Host a Safe Party

If you are hosting a Super Bowl party, take steps to ensure your guests stay safe.

  • Offer non-alcoholic drinks for designated drivers.
  • Provide plenty of food to slow alcohol absorption.
  • Monitor guests’ alcohol intake and do not let anyone drive impaired.
  • Encourage rideshare options or have a plan for safe transportation.

Safe Choices for Super Bowl Attendees

If you are attending a party, take responsibility for your own safety.

  • Plan a safe ride home before the party begins.
  • Pace your alcohol consumption and drink water in between.
  • Stay alert while driving and avoid distractions.
  • Look out for intoxicated drivers and report unsafe behavior.

The Dangers of Drunk Driving

Drunk driving is a major risk on Super Bowl Sunday. According to the NHTSA, 45% of all traffic fatalities on Super Bowl Sunday in 2022 involved alcohol. If you see someone attempting to drive under the influence, help them find a safer way home.

What to Do After an Accident

If an accident happens on Super Bowl Sunday, follow these important steps to protect yourself and your rights:

  1. Seek medical attention immediately – Even if injuries seem minor, adrenaline can mask pain. A medical evaluation ensures you get the care you need and creates documentation for your claim.
  2. Report the incident – Call 911 to report the accident. A police report provides an official record, which can be important for insurance and legal claims.
  3. Document everything – Take photos of the accident scene, injuries, vehicle damage, or hazardous conditions. Collect witness statements and contact details if possible.
  4. Avoid discussing fault – Do not admit blame or make statements that could be used against you later. Stick to the facts when speaking with law enforcement or other parties.
  5. Preserve evidence – Keep medical records, receipts for treatment, and any correspondence related to the accident. If you were in a car crash, avoid repairing your vehicle until after it has been inspected.
  6. Be cautious with social media – Avoid posting about the accident, as insurance companies may use your posts to dispute your claim.
  7. Consult a personal injury attorney – Fielding Law is ready to help you navigate your case. Our team will handle negotiations, protect your rights, and fight for the compensation you deserve.

Why Choose Fielding Law

If you or a loved one is injured due to someone else’s negligence on Super Bowl Sunday, Fielding Law is here to help. Our experienced legal team is committed to protecting your rights and promoting Super Bowl safety by securing the compensation you deserve. Whether you were injured in a drunk driving accident, slip and fall, or another preventable incident, we will handle every step of your claim. Call 833.88.SHARK today for a free consultation.

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

February 7, 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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