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Catastrophic Injury

An elderly couple in a convertible car

Elderly Drivers and Cognitive Health

By Car Accident, Catastrophic Injury, Wrongful Death

As people age, their ability to drive safely can be impacted by mild cognitive impairment (MCI) or other age-related changes. While many older adults can still drive safely, studies show that cognitive decline can increase risks on the road. According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 65 and older were involved in 20% of all fatal traffic crashes in 2022. Understanding these risks is critical to keeping everyone safe.

How Cognitive Impairment Impacts Driving

Driving requires quick decision-making, focus, and coordination. Mild cognitive impairment can affect:

  • Reaction Time: Slower responses to traffic signals or sudden hazards.
  • Memory: Difficulty remembering routes or understanding road signs.
  • Judgment: Poor decisions in high-stress situations, such as merging or navigating intersections.

Recognizing these signs early can help families address potential dangers before accidents occur.

Testing and Awareness for Elderly Drivers

Recent studies suggest that routine testing for cognitive decline could be beneficial for elderly drivers. These tests may help identify those at higher risk of causing accidents. Recommendations include:

  • Regular screenings during Medicare visits.
  • Discussions between families and healthcare providers about driving safety.
  • Adjustments to driving habits, such as avoiding night driving or busy highways.

When an Accident Happens

Unfortunately, not all risks can be prevented. If an elderly driver causes or is involved in an accident, the consequences can be severe, including:

  • Injuries to pedestrians or other drivers.
  • Extensive medical bills and vehicle damage.
  • Emotional trauma for all parties involved.

Why Hire Fielding Law

At Fielding Law, we understand the complexities of accidents involving elderly drivers. Our experienced team is here to help you navigate the legal process with compassion and care. We work tirelessly to secure the compensation you deserve, whether for medical bills, lost wages, or emotional suffering.

If you or a loved one has been involved in an accident caused by or involving an elderly driver, call Fielding Law at 833.88.SHARK for a free consultation. Let us handle the legal side so you can focus on recovery.

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

A woman sitting on a chair. Showing emotional distress. She has her hands covering her face and another woman sitting next to her consoling her.

How Can I Recover for Emotional Distress Claims?

By Car Accident, Catastrophic Injury, Dog / Animal Bite, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury, Wrongful Death

Life can change in an instant. The emotional impact of an accident or traumatic event can last far longer than physical injuries. At Fielding Law, we understand the pain you are feeling. If you are considering emotional distress claims, it is important to know what steps you need to take. We are here to help you through this process with care and confidence.

What is Emotional Distress?

Emotional distress is mental suffering caused by someone else’s careless or harmful actions. Many different situations can lead to emotional distress, including:

Emotional distress may show up as anxiety, depression, or post-traumatic stress. These feelings are real and valid, and the law may allow you to seek compensation.

What You Need to Prove

To file an emotional distress claim, there are key things you must show. This process may feel stressful, but the right legal support can make it easier.

Here is what is often required:

  1. Negligent or intentional conduct
    You must show that another person acted in a way that caused you harm.

  2. Severe emotional suffering
    Your emotional pain must be serious. It must affect your daily life in a major way.

  3. Medical evidence
    Support from a doctor, therapist, or counselor can help prove your emotional suffering.

  4. Clear connection to the event
    You need to show that the distress is directly related to the harmful event.

Gathering these details can take time, but you do not have to do it alone. With the right guidance, emotional distress claims can give you the support you need to begin healing.

Can You Claim Emotional Distress as a Personal Injury Victim?

Yes, as a personal injury victim, you may file an emotional distress claim even if you do not have a physical injury. While emotional distress is often linked to physical harm, it is not required to file a claim in personal injury cases.

For example, if you have been in an accident and experienced significant emotional suffering, such as anxiety, depression, or post-traumatic stress, you may be eligible to claim emotional distress. This could apply even if your injuries are not visible or physically debilitating.

However, proving emotional distress in a personal injury case can be challenging. You will need to demonstrate the severity of your emotional suffering and show how it impacts your daily life. Medical evidence from a therapist or counselor will often be necessary to support your claim. The defendant’s actions, such as negligence or intentional harm, will also be an important factor in determining the validity of your claim.

While emotional distress claims are more subjective than physical injury claims, they are still an essential part of seeking justice as a personal injury victim. With the right support from Fielding Law, you can effectively pursue compensation for your suffering.

Is it Hard to Recover for Emotional Distress?

Recovering for emotional distress can be more difficult than for physical injuries. The reason for this is that emotional suffering is not always visible. Unlike physical injuries, emotional distress does not have clear, tangible evidence like broken bones or scars.

Because emotional distress is subjective, proving the extent of your suffering can be challenging. You must show that your emotional pain is severe enough to warrant compensation. This often involves providing medical records and testimony from mental health professionals.

In some cases, the defendant or their insurance company may argue that your distress is not as severe as you claim or that it is unrelated to the event. This makes the process of recovering for emotional distress more complicated. However, with the support of an experienced attorney like Fielding Law, you will have a better chance of presenting a strong case.

When to Contact Fielding Law

Speaking with an attorney early on is important. The sooner you contact Fielding Law, the sooner we can protect your rights. We can help gather the evidence, handle communication with insurance companies, and build your case with care.

At Fielding Law, we do more than just handle your case. We listen to your story and provide the support you need during difficult times. Our team is experienced, kind, and ready to fight for the justice you deserve. Call 833.88.SHARK today for a free consultation.

Emotional distress claims are complex, but you should not have to face them alone. Let us help you take the next step forward.

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

Man sitting in car in front of steering wheel holding his phone

Safe Driving Habits: A Refresher for Seasoned Drivers

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

Even the most seasoned drivers can fall into bad habits, forgetting the essential techniques learned in drivers training. Over time, small lapses in driving behavior can lead to accidents or dangerous situations. Revisiting the basics of safe driving habits can help you stay protected on California’s busy and often unpredictable roads.

According to the California Office of Traffic Safety (OTS), there were over 187,000 injury collisions in 2022, and California remains one of the states with the highest number of car accidents. Many of these accidents are caused by distracted driving, speeding, or unsafe lane changes — all of which can be avoided by brushing up on safe driving practices.

Here is a reminder of some key habits you may need to revisit.

Commonly Forgotten Safe Driving Habits

  1. Use Your Turn Signals Early
    Many drivers signal too late or forget to signal altogether. This practice can cause accidents by not giving other drivers enough notice. Always signal at least 100 feet before turning or changing lanes.
  2. Follow the 3-Second Rule
    Keeping a safe distance between your vehicle and the one in front of you is crucial to prevent rear-end collisions. The 3-second rule helps you maintain a safe following distance: choose a landmark and ensure three seconds pass before your car reaches it after the car in front of you.
  3. Check Your Blind Spots
    While blind-spot monitoring systems are helpful, they are not foolproof. Always physically turn to check your blind spots, especially in California’s dense traffic conditions, where lanes are often shared by motorcycles and fast-moving vehicles.
  4. Keep Both Hands on the Wheel
    As we get more comfortable driving, it is easy to steer with one hand. However, maintaining control of the vehicle requires two hands on the wheel in the proper position — at “9 and 3” or “8 and 4” o’clock.
  5. Be Mindful of Speed Limits
    Speeding is one of the leading causes of accidents in California. In fact, speeding was a factor in 26% of all traffic fatalities nationwide in 2021, according to the National Highway Traffic Safety Administration (NHTSA). Always stick to posted speed limits, especially in residential areas or school zones, where pedestrians and cyclists may be present.

The Impact of Bad Habits on Accident Rates in California

Statistics show that accidents increase when drivers neglect these essential habits. According to the California Highway Patrol (CHP), there were over 3,500 fatalities from traffic accidents in 2021, a significant portion caused by preventable behaviors such as distracted driving or failing to yield.

  • Speeding accounts for around 37% of all fatal crashes.
  • Distracted driving is responsible for 9% of injury collisions in the state.
  • Unsafe lane changes cause thousands of accidents each year, contributing to California’s high traffic accident rate.

By refreshing your knowledge of safe driving habits, you can reduce your chances of becoming part of these troubling statistics.

Protect Yourself with Safe Driving Habits

Maintaining awareness of your driving behavior is key to keeping yourself and others safe on the road. Here are a few additional tips:

  • Avoid distractions: Keep your focus on the road, avoid phone use, and limit multitasking while driving.
  • Be aware of pedestrians: Especially in urban areas, always scan for pedestrians and cyclists, even when you have the right of way.
  • Watch your speed in changing conditions: Rain, fog, and heavy traffic can quickly create dangerous driving environments, so slow down when necessary.

Why Hire Fielding Law?

At Fielding Law, we know that even the most cautious drivers can find themselves in an accident due to another’s negligence. If you are injured in an accident, navigating the legal process on your own can feel overwhelming. Our experienced team will ensure that your rights are protected, and we will fight to get you the compensation you deserve. Contact Fielding Law today at 833.88.SHARK for a free consultation, and let us handle the details while you focus on recovery.

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

Someone's hand signing a liability waiver

Signing a Liability Waiver Does Not End Your Case

By Catastrophic Injury, Personal Injury, Premises Liability, Product Liability, Wrongful Death

Getting injured after signing a liability waiver injury claim can be confusing and frustrating. Many people believe that signing a waiver means they have no legal options. However, that is not always the case. If you suffered an injury due to negligence, unsafe conditions, or faulty equipment, you may still have a valid claim.

What is a Liability Waiver?

A liability waiver injury claim is a legal document that aims to release a business or organization from responsibility for injuries that may occur during an activity. These waivers are common in:

  • Gyms and fitness centers
  • Trampoline parks and amusement parks
  • Sporting events and recreational activities
  • Medical procedures and experimental treatments
  • Extreme sports such as skydiving or deep sea fishing tours

While these waivers are meant to limit liability, they do not always hold up in court. Certain circumstances can make them unenforceable.

When a Liability Waiver May Not Apply

Signing a waiver does not give businesses the right to act negligently. You may still have a claim if:

  • Gross Negligence Occurred – If the injury happened due to reckless behavior or extreme negligence, the waiver may not protect the responsible party.
  • The Waiver Was Vague or Misleading – If the language in the waiver was unclear, overly broad, or hidden in fine print, it may not be valid.
  • The Injury Was Not Related to the Activity – If an injury happened due to unsafe conditions unrelated to the signed waiver, you may still have a case.
  • State Laws Protect Your Rights – Some states have laws that limit the enforceability of waivers, especially in cases involving minors or essential services.

What Are Your Legal Options?

Even if you signed a liability waiver injury claim, you should take the following steps:

  1. Seek Medical Attention – Your health is the top priority. Get medical care immediately and keep records of your treatment.
  2. Document Everything – Take photos of the scene, your injuries, and any potential hazards. Gather witness statements if possible.
  3. Do Not Assume You Do Not Have a Case – Waivers are not always legally binding. It is best to consult an attorney who understands personal injury law.
  4. Contact a Lawyer Immediately – An experienced attorney can review the waiver, investigate the incident, and determine if you have a claim.

Why Choose Fielding Law?

At Fielding Law, we believe that no one should suffer due to negligence. Even if you signed a liability waiver injury claim, you may still have legal rights. Our team will carefully examine your case, explain your options, and fight for the compensation you deserve.

Call 833.88.SHARK today for a free consultation. Let us help you get the justice you deserve.

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

Lady Justice statue in mediation room with a white chair in the background

Seeking Justice for Gabby Petito: Domestic Violence Awareness

By Assault, Catastrophic Injury, Personal Injury, Wrongful Death

Domestic violence is a heartbreaking issue that affects countless individuals each year. The tragic story of Gabby Petito has sparked renewed conversations about domestic violence, shining a spotlight on the need for increased awareness and action. As we continue to reflect on Gabby’s case, it is crucial to understand how Gabby Petito domestic violence awareness can lead to better legal advocacy and support for victims. Personal injury attorneys play an important role in helping those affected by domestic violence seek justice, healing, and compensation.

How Domestic Violence Can Be a Personal Injury Case

Domestic violence is not only about physical harm—it also involves emotional, psychological, and financial abuse. Personal injury law covers a wide range of injuries, including those caused by domestic violence. Here’s how a domestic violence case could be treated as a personal injury case:

  • Physical Injuries: Victims of domestic violence often suffer physical injuries, such as bruises, broken bones, and even life-threatening injuries. These can result in medical bills, lost wages, and ongoing pain.

  • Emotional and Psychological Damages: Abuse often leads to long-term emotional trauma, including anxiety, depression, and PTSD. These psychological injuries are just as significant as physical ones and can be compensated in personal injury claims.

  • Financial Losses: Victims may face financial hardship due to their inability to work, medical treatment costs, and other expenses related to their recovery. Personal injury claims can help cover these financial losses.

  • Negligence: In some cases, the abuse may have been preventable or the result of the abuser’s recklessness. For example, if the abuser was aware that their actions could harm the victim and failed to stop, a personal injury claim could be based on their negligence.

The Gabby Petito Case

Gabby Petito’s tragic case highlights the devastating effects of domestic violence and the need for legal intervention. Gabby’s story, involving her abusive relationship with her fiancé, Brian Laundrie, reminds us of the critical need for protection, legal resources, and justice for those suffering from abuse. While Gabby’s case ended in wrongful death, the personal injuries she endured throughout her relationship with Laundrie could have warranted a personal injury claim had she survived and sought justice.

Why Hire Fielding Law

This case has brought Gabby Petito domestic violence awareness to the forefront, reminding us of the critical importance of legal intervention for victims of abuse. Personal injury attorneys can offer essential support, ensuring that victims receive the compensation, protection, and justice they deserve. If you or someone you know is experiencing domestic violence, do not hesitate to reach out to Fielding Law at 833.88.SHARK. Our team is dedicated to providing compassionate and capable legal assistance during this difficult time.

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

St. Patrick's Day decor with a green glass of beer and a plate of pretzels

The Cost of a St. Patrick’s Day DUI

By Car Accident, Catastrophic Injury, Personal Injury, Wrongful Death
St. Patrick’s Day is a time for festive celebrations, but the consequences of driving under the influence (DUI) can quickly turn the holiday into a nightmare. Understanding the true cost of a St. Patrick’s Day DUI can help prevent poor decisions and keep everyone safer on the road.

Legal Consequences of a DUI

Driving under the influence is a serious offense with significant legal repercussions. These can include:

  • Criminal Charges: A DUI often results in misdemeanor or felony charges depending on the circumstances, such as prior offenses or injuries caused.
  • Fines: First-time offenders can face fines ranging from hundreds to thousands of dollars.
  • License Suspension: A DUI conviction often leads to a suspended or revoked driver’s license, severely limiting mobility.
  • Jail Time: Depending on the severity of the case, jail time is a possibility even for first-time offenders.
  • Probation: Many DUI offenders are required to complete probation and attend mandatory alcohol education programs.

Financial Consequences of a St. Patrick’s Day DUI

The financial impact of a DUI extends far beyond the initial fines. Additional costs include:

  • Increased Insurance Rates: A DUI conviction will likely cause your car insurance premiums to skyrocket, costing you thousands over time.
  • Legal Fees: Attorney costs and court fees can quickly add up, even for minor offenses.
  • Towing and Impound Fees: Arrests often result in vehicle impoundment, leading to additional expenses.
  • Lost Wages: Time spent dealing with court dates, license suspension, or jail time can result in significant lost income.
  • Rehabilitation Costs: Court-mandated alcohol education or treatment programs are often required and are not free.

Injuries and Liability in St. Patrick’s Day DUI Accidents

Beyond personal legal and financial penalties, driving under the influence puts countless lives at risk. Drunk drivers who cause accidents are not only held criminally responsible but are also liable for the injuries and damages they cause. Victims of such accidents may face extensive medical bills, lost wages, and emotional trauma.

If you or a loved one is injured by a negligent drunk driver, you have the right to seek compensation. Fielding Law can help you navigate the legal process and hold the responsible party accountable.

Why Hire Fielding Law?

At Fielding Law, we specialize in personal injury cases caused by drunk drivers. Our dedicated team is here to ensure victims receive the justice and compensation they deserve. From investigating the accident to negotiating with insurance companies, we handle the heavy lifting so you can focus on recovery.

This St. Patrick’s Day, make the choice to celebrate responsibly. If a negligent driver ruins your holiday, contact Fielding Law at 833.88.SHARK for a free consultation. We are here to help you get back on your feet.

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

Side profile of a blue person with a digital brain on a black background

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.

Dragon on top of building in Universal Studios

Universal Studios Injuries, Dangers, and Legal Rights

By Catastrophic Injury, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury, Wrongful Death

Universal Studios is a top destination for thrill-seekers and movie lovers, but even world-famous theme parks are not immune to accidents. Visitors expect a safe experience, yet hazards such as ride malfunctions, slip and falls, and operator errors can lead to serious injuries. Understanding these risks can help guests stay safe and know their rights if an accident occurs.

Recent Universal Studios Injury Cases

One recent high-profile case involved a 74-year-old Arizona woman who suffered a spinal injury at Universal Studios Hollywood. She was awarded $7.25 million after slipping while exiting the “Harry Potter and the Forbidden Journey” ride. The jury found the park liable for failing to provide a safe environment, particularly due to the transition from a moving walkway to stationary ground. This case is a stark reminder of the risks theme parks can pose, even in areas meant for guest convenience.

Universal Studios has also faced other legal challenges regarding guest injuries. In April 2024, a tram collision at Universal Studios Hollywood left more than a dozen visitors injured. The incident, which occurred during a routine tour, resulted in chaos and confusion among guests, underscoring the potential hazards even seemingly low-risk attractions can present.

Common Causes of Universal Studios Injuries

Visitors at Universal Studios can face a range of potential dangers, including:

  • Slip and Fall Accidents: Wet surfaces, uneven walkways, or poorly maintained flooring can cause visitors to lose their footing.
  • Ride Malfunctions: Mechanical issues, sudden stops, or restraint failures can lead to serious injuries.
  • Operator Error: Improper ride operation or failure to enforce safety regulations can contribute to accidents.
  • Inadequate Safety Warnings: Guests may not be properly informed of risks, leading to preventable injuries.

Your Legal Rights After a Universal Studios Injury

If you or a loved one has been injured at Universal Studios or another theme park, understanding your legal rights is crucial. Victims may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering

Consulting with an experienced personal injury attorney can help you navigate the complexities of a claim and ensure that the responsible parties are held accountable.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of premises liability cases, including those involving theme park injuries. Our compassionate and experienced attorneys are dedicated to fighting for injury victims and ensuring they receive the compensation they deserve. If you or a loved one has been hurt due to a theme park’s negligence, 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.

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.

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.

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