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Catastrophic Injury

Airplane waiting for air travelers

Thanksgiving Air Travel Safety Tips

By Assault, Burn Injury, Catastrophic Injury, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity

The Thanksgiving holiday season is one of the busiest times for air travel in the United States. Millions of people take to the skies to reunite with family and friends. However, this surge in travel can also increase risks. Being informed and prepared is essential to ensure a safe journey. Here are some important safety tips for Thanksgiving air travel, along with relevant statistics to consider.

Thanksgiving Air Travel Statistics

According to the Transportation Security Administration (TSA), approximately 26 million people are expected to travel through U.S. airports during the Thanksgiving holiday period. This significant increase in passenger volume can lead to crowded terminals and longer wait times. In fact, the Sunday after Thanksgiving is often one of the busiest travel days of the year.

Moreover, the National Safety Council reports that air travel is among the safest modes of transportation, with a risk of fatality of just 0.07 deaths per billion passenger miles. Nevertheless, it is essential to remain vigilant and prioritize safety during your travels.

Tips for Safe Air Travel

Here are several tips to help ensure your safety while flying during the Thanksgiving season:

1. Arrive Early

With increased passenger volume, airport security lines may be longer than usual. Arriving at least two to three hours before your flight can give you ample time to navigate check-in and security processes without the stress of rushing.

2. Stay Informed About Your Flight

Flight schedules can change due to weather or other factors. Check your flight status regularly through your airline’s app or website. Staying informed can help you adjust your plans as needed.

3. Practice Good Hygiene

The holiday season brings an increased risk of illness, especially during flu season. To stay healthy during your travels:

  • Wash your hands frequently or use hand sanitizer with at least 60% alcohol.
  • Wear a mask if you are in close proximity to others or in crowded spaces.
  • Avoid touching your face to reduce the risk of transferring germs.
4. Secure Your Belongings

Airports can be crowded, making it easier for theft to occur. Here are some tips to protect your belongings:

  • Use a luggage lock to secure your checked bags.
  • Keep your personal items close. Consider using a crossbody bag or a travel backpack that you can easily access.
  • Label your luggage with your name and contact information in case it gets lost.
5. Be Mindful of Security Regulations

Familiarize yourself with TSA regulations to ensure a smooth security screening process. Some key points include:

  • Limit liquids to 3.4 ounces (100 ml) in a quart-sized bag.
  • Remove electronics larger than a cell phone from your carry-on for screening.
  • Wear shoes that are easy to remove, as you may need to take them off during security checks.
6. Stay Calm and Patient

Air travel can be stressful, especially during busy periods. Practice patience and maintain a positive attitude. If you encounter delays, use the time to relax, read a book, or listen to music. Staying calm can help make your travel experience more enjoyable.

7. Know Your Rights

In the event of a delay or cancellation, it is essential to know your rights as a passenger. Airlines are required to provide information about your options and compensation. Familiarize yourself with your airline’s policies regarding delays, cancellations, and rebooking.

What To Do If You Are Injured at the Airport or On an Airplane

Despite the precautions you take, accidents can happen. If you are injured while at the airport or on an airplane, follow these steps:

  1. Seek Immediate Medical Attention: If you are injured, prioritize your health. Inform the flight attendants or airport personnel and request medical assistance.
  2. Report the Incident: Notify the airline staff or airport authorities about the injury. Ensure that an official report is filed documenting the incident, as this will be crucial for any future claims.
  3. Gather Evidence: If possible, take photographs of the scene, your injuries, and any contributing factors (such as hazards or malfunctioning equipment). Collect witness contact information to support your case.
  4. Document Medical Treatment: Keep a record of all medical evaluations, treatments, and expenses related to your injury. This documentation is essential for any potential claims.
  5. Consult an Attorney: Speak with a personal injury attorney experienced in air travel cases. They can provide guidance on your rights and help you navigate the claims process with the airline or airport.

Why Choose Fielding Law?

While air travel is statistically safe, accidents can happen. At Fielding Law, we are dedicated to helping you navigate the complexities of personal injury cases related to travel incidents. If you or a loved one has been injured while traveling, our compassionate team is here to provide guidance and support.

You do not have to face this journey alone. Reach out to us at 833.88.SHARK for a free consultation. Let Fielding Law help you protect your rights and seek 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.

November 26, 2024
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Thanksgiving dinner

Stay Safe From Common Thanksgiving Accidents

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

Thanksgiving is a time for family, friends, and food, but it is also a time when accidents can occur if safety is not a priority. From kitchen mishaps to slip-and-falls, Thanksgiving disasters can result in serious injuries. Understanding the risks and knowing how to prevent them is essential to keeping the holiday safe and enjoyable for everyone.

Common Thanksgiving Accidents

Here are some of the most common accidents to be aware of during Thanksgiving celebrations:

  • Burns and Fires from Cooking: The kitchen is often the busiest place on Thanksgiving Day. With so many items cooking at once, there is an increased risk of burns from hot surfaces, boiling liquids, or even fires caused by unattended ovens or deep fryers. According to the National Fire Protection Association (NFPA), turkey fryers are responsible for approximately 1,000 home fires annually in the United States, with many resulting in significant property damage and injuries.
  • Slip and Falls: Wet floors from spilled drinks or grease in the kitchen or dining areas can lead to dangerous slip-and-fall accidents, especially on hard surfaces like tile or wood.
  • Food Poisoning: Improper food handling or storage, especially with turkey, can cause foodborne illnesses. Undercooked meat or foods left out too long can lead to dangerous bacteria growth.
  • Car Accidents: If you are traveling to see loved ones, be mindful of road conditions, especially in winter months. Increased traffic, bad weather, and long drives can lead to accidents on the road.
  • DUI Accidents: Unfortunately, Thanksgiving is also a time when alcohol consumption is high, leading to an increase in DUI accidents. The National Highway Traffic Safety Administration (NHTSA) reports that Thanksgiving weekend sees a significant spike in alcohol-related crashes, making it crucial to drive safely and responsibly. If you plan to drink, always arrange for a designated driver or use a rideshare service to avoid the risk of DUI accidents.

How to Prevent Thanksgiving Accidents

While accidents can happen, taking some basic precautions can go a long way in preventing injury and keeping your holiday safe.

  1. Be Careful in the Kitchen:
    • Always stay attentive when cooking, especially when using hot oil or appliances like deep fryers.
    • Keep kitchen areas dry to prevent slips and falls.
    • Use oven mitts and heat-resistant gloves when handling hot cookware or dishes.
    • Make sure to thaw your turkey completely before cooking to prevent splattering oil in the fryer.
  2. Maintain a Safe Dining Area:
    • Clean up spills immediately to avoid slip hazards.
    • Ensure that pathways and entrances are clear of obstacles to reduce the risk of tripping.
    • Use non-slip mats under rugs in high-traffic areas.
  3. Store Food Properly:
    • Make sure to refrigerate leftovers promptly, especially perishable foods like turkey and stuffing.
    • Cook turkey to an internal temperature of 165°F to prevent foodborne illness.
  4. Drive Safely:
    • If traveling, plan your route in advance and avoid distractions while driving.
    • Make sure your car is equipped for any inclement weather, and take extra precautions on slippery roads.
    • Never drive under the influence of alcohol or while fatigued.
  5. Drive Responsibly to Avoid DUI Accidents:
      • If you plan to drink, always designate a driver or use a rideshare service.
      • Do not drive if you are impaired by alcohol or drugs.
      • Be mindful of other drivers who may not be as responsible, especially during the holiday season.

What to Do If an Accident Happens

If you or someone you love suffers an injury during Thanksgiving, it is important to act quickly. Here are some steps to take if an accident occurs:

  • For Burns and Fires: Immediately extinguish flames if possible and seek medical help. Burns require prompt attention, so do not wait to get treatment.
  • For Slip and Falls: If a fall occurs, seek medical attention right away to assess for any fractures or sprains. Do not try to walk on an injured ankle or knee.
  • For Food Poisoning: If you experience symptoms like nausea, vomiting, or stomach pain, contact a doctor immediately, especially if symptoms worsen.
  • For Car Accidents: Call 911 to report any traffic accidents, and exchange insurance information with the other parties involved.

Why Hire Fielding Law

At Fielding Law, we understand that accidents can quickly turn a holiday into a difficult and stressful experience. Whether it is a burn from cooking, a slip and fall injury, or a car accident, our experienced team is here to help you navigate the legal process with care and understanding.

We are committed to fighting for your rights and ensuring that you receive the compensation you deserve for any injuries sustained. If you or a loved one has been injured this Thanksgiving, 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.

November 20, 2024
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Wheeled suitcase for travel and a globe

Do I Need Travel Insurance for Injuries?

By Catastrophic Injury, Personal Injury, Wrongful Death

When planning a trip, whether for leisure or business, one crucial consideration is travel insurance. Many travelers wonder if they should invest in travel insurance for accidents and injuries. Understanding the benefits of travel insurance can provide peace of mind and ensure you are prepared for the unexpected.

The Importance of Travel Insurance

Travel insurance serves as a safety net, covering unforeseen events that may disrupt your trip. While most travelers focus on the excitement of their journey, accidents and injuries can occur at any time. Here are a few reasons why travel insurance for injuries is essential:

  1. Medical Coverage: Travel insurance typically includes medical coverage, ensuring you receive necessary medical treatment if you suffer an injury or illness while away from home. Depending on your policy, this may cover hospital visits, emergency evacuations, and even repatriation if you need to return home for medical care.
  2. Trip Cancellation and Interruption: Life is unpredictable. If you need to cancel or interrupt your trip due to unforeseen circumstances, such as a family emergency or a medical issue, travel insurance can reimburse you for non-refundable expenses, such as flights and accommodation.
  3. Lost or Delayed Luggage: Losing your luggage can be a significant inconvenience. Travel insurance can help cover the cost of replacing essential items while you wait for your luggage to be located or compensated for lost bags.
  4. Accidental Death or Dismemberment: In unfortunate circumstances where a severe accident results in death or dismemberment, some travel insurance policies offer benefits to your beneficiaries, providing financial support during a difficult time.
  5. Emergency Assistance Services: Many travel insurance policies offer 24/7 assistance services. This can include support in locating medical facilities, arranging transportation, or even assisting with language barriers.

Evaluating Your Travel Insurance Needs

Before purchasing travel insurance, consider the following factors:

  • Destination: Different destinations may have varying levels of healthcare access. Traveling to a remote area or a country with high medical costs makes travel insurance even more critical.
  • Duration of Travel: Longer trips increase the likelihood of unexpected events occurring. If you plan to travel for an extended period, securing comprehensive travel insurance is advisable.
  • Personal Health Status: If you have pre-existing medical conditions, ensure your policy covers any potential health issues that may arise while traveling.
  • Type of Activities: If you plan to engage in high-risk activities, such as skiing, scuba diving, or extreme sports, confirm that your travel insurance covers those activities. Not all policies include adventure sports in their coverage.

If I Have Travel Insurance, Do I Need an Attorney?

Having travel insurance can provide significant protection and assistance during your trip. However, it does not necessarily mean you do not need an attorney if you encounter an injury or accident. Here are a few reasons why consulting with an attorney remains beneficial:

  • Navigating Claims: Insurance companies often have complex policies, and filing a claim can be challenging. An attorney can help you understand the terms of your policy and ensure you receive the compensation you deserve.
  • Negotiating Settlements: Insurance companies may offer settlements that do not fully cover your expenses. An attorney can advocate on your behalf, negotiating a fair settlement that considers all your medical costs, lost wages, and pain and suffering.
  • Legal Rights: If your injury was caused by someone else’s negligence, travel insurance may not cover all damages. An attorney can help you understand your legal rights and pursue additional compensation through a personal injury claim.
  • Complex Situations: If your case involves multiple parties, such as airlines, hotels, or other travelers, the situation can become complicated. An attorney can help navigate these complexities and ensure that all responsible parties are held accountable.

Why You Should Not Travel Alone Without Insurance

Traveling without insurance can lead to significant financial and emotional distress, making it essential to reconsider venturing out without coverage. If you encounter unexpected medical issues, you may find yourself responsible for hefty bills that can accumulate rapidly, particularly in foreign countries where healthcare costs are high. Additionally, if your trip is interrupted or canceled, you risk losing substantial amounts of money on non-refundable expenses, further adding to your financial burden. Beyond the monetary concerns, the stress of navigating emergencies, injuries, or lost luggage in unfamiliar places can be overwhelming. Travel insurance serves as a vital safety net, providing the necessary support and peace of mind during challenging situations, ensuring you can focus on enjoying your trip rather than worrying about potential mishaps.

Why Choose Fielding Law

If you encounter an accident or injury while traveling, navigating the aftermath can be complicated. At Fielding Law, our experienced team understands the complexities of personal injury claims, especially in the context of travel.

You do not have to navigate this process alone. We are here to help you understand your rights and seek the compensation you deserve. For assistance with your travel-related injuries, contact us at 833.88.SHARK for a free consultation.

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

November 19, 2024
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Settlement of cash in hand

Structured Settlement Planning Secures Your Future

By Catastrophic Injury, Personal Injury, Wrongful Death

When recovering from a personal injury, the settlement you receive should provide more than a momentary solution. It should offer long-term financial security. This is why Fielding Law collaborates with trusted advisors like Kristin Neerhof, a settlement consultant specializing in structured settlement planning for plaintiffs and plaintiff attorneys. Kristin has been a friend of the firm since the beginning, and her expertise ensures that settlements are not just payouts—they are plans for a secure future.

What is Structured Settlement Planning

Structured settlement planning involves converting settlement funds into periodic payments designed to meet the specific needs of the recipient. These plans are beneficial because they provide financial stability over time, reduce the risk of mismanaging a lump sum, offer tax benefits in certain cases, and ensure funds are available for future needs, such as medical care or education. Kristin works closely with clients to create tailored plans that address their unique circumstances. This helps individuals move forward confidently after a settlement.

Why It Matters When Hiring a Personal Injury Attorney

Team meeting with Kristen Neerhof about Structured Settlement Planning-03Hiring an attorney who collaborates with experts like Kristin Neerhof is essential for your long-term success. A comprehensive legal approach should include skilled advocacy and financial planning to ensure your settlement provides ongoing support. Clark Fielding, Founding Principal of Fielding Law, shares: “We work with trusted advisors and stay informed on the latest financial and legal developments. This ensures that our clients’ futures are protected.” Savonnah Saumers, Director of Operations and Case Management Supervisor, also highlights the importance of these partnerships: “Knowledge is empowering. As a law firm dedicated to protecting our clients’ best interests, it is essential to understand key options like settlement planning, structured settlements, and annuities, as these choices can profoundly impact a client’s financial stability and long-term security. By providing resources and information on the benefits of these options—such as tax advantages and financial protections for clients with government assisted benefits—we enable clients to make more informed decisions about how to receive their settlements.”

Why Choose Fielding Law

At Fielding Law, we are committed to more than winning cases. We work with trusted experts to provide thoughtful, compassionate guidance for our clients’ financial and emotional recovery. Our team leads with professionalism, civility, and kindness, ensuring you receive the care you deserve every step of the way. Call 833.88.SHARK or visit us today to learn how we can help you.

Partnering with Trusted Advisors

Kristin’s expertise in structured settlement planning allows us to provide meaningful solutions for clients. Her knowledge ensures that settlements are structured to provide maximum benefits for years to come. Learn more about her services at YourSettlementPlanner.com. At Fielding Law, our clients deserve more than legal representation—they deserve peace of mind for the future.

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

November 18, 2024
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Woman holding a baby up in the air. Bentley's Law

Bentley’s Law: Holding Drunk Drivers Accountable for Victims’ Children

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

Bentley’s Law is changing how we hold drunk drivers accountable. Named after Bentley, a young boy who lost his parents to a drunk driver, this law requires offenders to support the victims’ children financially. Drunk drivers must take responsibility, helping ease the financial burden on families who have suffered an unimaginable loss.

Where Bentley’s Law Exists

Currently, Bentley’s Law has been passed in several states, including Missouri and Tennessee. These states understand the emotional and financial challenges families face after losing a loved one to a drunk driver. The law ensures the convicted driver pays child support until the child turns 18 or graduates from high school.

However, California and Arizona have not yet adopted Bentley’s Law. Still, there is growing interest in this legislation, and it could expand to these states in the future. Advocates hope more states will see the benefits of holding drunk drivers responsible for the well-being of victims’ children.

How Bentley’s Law Works

Bentley’s Law ensures convicted drunk drivers:

  • Pay child support to victims’ children.
  • Continue payments until the child turns 18 or finishes high school.
  • Provide financial help to ease the burden on grieving families.

By requiring child support, Bentley’s Law holds drunk drivers accountable. It also helps prevent children from facing additional financial stress after a tragic loss.

Why Bentley’s Law Matters

Losing a loved one to a drunk driving accident is devastating. For many families, the emotional pain is overwhelming, and financial struggles only make it worse. Bentley’s Law offers a solution. It ensures that drunk drivers take financial responsibility, helping victims’ families care for the children left behind.

Could Bentley’s Law Come to Arizona or California?

While Arizona and California have not yet passed Bentley’s Law, it could happen in the future. More states are considering similar laws to hold drunk drivers accountable. With enough advocacy and public support, the law could soon reach Arizona and California to help protect children and families affected by these tragedies.

Why Choose Fielding Law?

When you lose a loved one in a tragic accident, it’s overwhelming. The legal process only adds to the stress. That’s why Fielding Law is here to help. Our attorneys are experienced in wrongful death and personal injury cases, and we work tirelessly to protect your family’s rights. With kindness, empathy, and determination, Fielding Law helps families navigate these difficult times. Call 833.88.SHARK today for a consultation, and let us help you seek justice for your loved one.

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

November 6, 2024
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Blue sports car on a california highway

Top Rated Safest Cars in America of 2024

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

Knowing the safest cars of 2024 in America is essential when selecting a vehicle, as safety is paramount. Several organizations regularly evaluate and rank vehicles based on their safety features and crash performance. This article highlights the top-rated vehicles in various categories, including sedans, SUVs, pickup trucks, and sports cars, based on their safety ratings from trusted sources like the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA).

Safest Small Cars

  1. Acura Integra – This compact hatchback boasts advanced safety features and has earned the Top Safety Pick+ designation.
  2. Hyundai Elantra – Known for affordability, the Elantra also received a Top Safety Pick rating for its strong performance in crash tests.
  3. Mazda 3 – Both the sedan and hatchback versions receive recognition for their safety, earning the Top Safety Pick+ accolade.
  4. Subaru Impreza – Available in both sedan and wagon forms, the Impreza excels in safety and has earned the Top Safety Pick designation.
  5. Toyota Prius – This hybrid vehicle continues to lead in safety, achieving the Top Safety Pick+ designation.

Safest Midsize Cars

  1. Honda Accord – This popular sedan is well-known for its robust safety features and has earned the Top Safety Pick+ rating.
  2. Honda Ioniq 6 – A newer electric sedan that also received the Top Safety Pick+ recognition for its impressive safety systems.
  3. Subaru Legacy – This midsize sedan combines safety with comfort, and it has been awarded the Top Safety Pick designation.
  4. Toyota Camry – Renowned for reliability, the Camry ranks high in safety ratings as well.
  5. Nissan Altima – This sedan offers a suite of safety features and earned a Top Safety Pick rating.

Safest Midsize SUVs

  1. Hyundai Tucson – With its modern design and extensive safety features, the Tucson stands out as a safe choice for families.
  2. Mazda CX-50 – Praised for its driving dynamics, the CX-50 receives high marks for safety.
  3. Toyota RAV4 – This perennial favorite combines safety with practicality, making it popular among families.
  4. Subaru Forester – Known for safety and all-wheel drive, the Forester remains a top choice for outdoor enthusiasts.
  5. Ford Bronco Sport – This rugged SUV earns high safety ratings, showcasing its commitment to driver protection.

Safest Pickup Trucks

  1. Ford F-150 – Renowned for strength and safety, the F-150 has received high safety ratings from various testing organizations.
  2. Ram 1500 – This full-size truck excels in safety ratings, offering advanced driver assistance features.
  3. Chevrolet Silverado 1500 – This popular truck stands out for its safety features and robust build.
  4. Toyota Tundra – This full-size pickup provides numerous safety technologies, earning commendable safety ratings.
  5. Nissan Titan – Known for reliability, the Titan also features multiple safety components to protect occupants.

Safest Sports Cars

  1. Porsche 911 – This iconic sports car not only delivers performance but also boasts strong safety ratings.
  2. Mazda MX-5 Miata – The Miata combines thrilling driving dynamics with safety features that keep it competitive.
  3. Chevrolet Corvette – The latest models achieve high marks for safety while delivering impressive performance.
  4. Ford Mustang – This classic American muscle car includes advanced safety features that help it earn top safety ratings.
  5. Audi TT – The TT is recognized for its sleek design and strong safety credentials, making it a safe choice for sports car enthusiasts.

What to Do After an Accident

Have you been injured in an accident? It is essential to seek legal assistance. Fielding Law is here to help you navigate the complexities of personal injury claims. Our experienced team provides compassionate and competent support for those affected by negligence. We remain dedicated to ensuring that injured parties receive the compensation they deserve.

Why Choose Fielding Law

Choosing Fielding Law means selecting a team committed to improving your life through ethical and efficient legal representation. We value professionalism, civility, and kindness, ensuring that you feel heard and supported throughout your case. Our mission focuses on making a positive impact on the lives of our clients while aligning our values with enhancing their outcomes.

For expert legal assistance, contact us today at 833.88.SHARK. We are here to advocate for your rights and ensure that you receive 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.

November 5, 2024
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Robot hand holding an Ai generated brain

AI Negligence and the Growing Risk of Harm

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

The wrongful death lawsuit against Character.AI serves as a painful reminder of how artificial intelligence can be mishandled, leading to serious consequences. The mother of Sewell Setzer claims that the platform’s chatbot manipulated her son emotionally, contributing to his tragic death. AI negligence is becoming a serious legal issue, especially when these systems cause injury or loss.

AI Negligence in Personal Injury: Examples

  1. Self-Driving Car Accidents: Autonomous vehicle crashes have led to injuries and fatalities, often due to programming errors or software failures.
  2. Medical AI Misdiagnosis: AI systems used in healthcare settings can make diagnostic errors, delaying treatment for life-threatening conditions such as cancer or heart disease. These mistakes can result in severe injury or death.
  3. AI in Industrial Machinery: AI-controlled equipment in factories or construction sites has malfunctioned, leading to workers being injured or killed. Poorly trained AI systems can cause machinery to fail or behave unpredictably, endangering workers on the ground.
  4. Character.AI Chatbots: In the Setzer case, AI-powered chatbots allegedly engaged in emotionally manipulative behavior and inappropriate conversations with a teenage user, contributing to his suicide. This case highlights the emotional and psychological risks posed by AI systems that lack proper oversight and safety measures.

What to Do If AI Causes Harm

If an AI system causes injury, whether physical or emotional, it may qualify as a personal injury case. Fielding Law can help you navigate these complex cases. Our experienced team understands the evolving legal landscape of AI-related injuries and will help you seek compensation for damages. Contact Fielding Law at 833.88.SHARK for a free consultation.

Why Hire Fielding Law for AI Negligence?

Fielding Law offers a team of compassionate, capable attorneys who understand how to fight for victims of AI negligence. Our dedicated team prioritizes clients’ well-being and ensures that they receive fair compensation for their injuries. Whether the injury involves medical AI, autonomous vehicles, or faulty AI products, Fielding Law is here to help.

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

November 5, 2024
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Person looking over medical documents

What are Medical Liens in Personal Injury Cases?

By Bicycle Accident, Brain Injury (TBI), Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Sexual Assault & Abuse, Skate & Skateboarding Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

When you suffer an injury due to someone else’s negligence, the financial aftermath can be overwhelming. Medical bills may pile up, and the stress of dealing with insurance companies can add to your burden. Understanding how medical liens function in personal injury cases is crucial to ensuring you receive the compensation you deserve.

What Are Medical Liens?

A medical lien is a legal claim against your potential personal injury settlement, allowing healthcare providers to secure payment for medical services rendered to you after your injury. Essentially, these liens give medical providers the right to be paid from your settlement before you receive any funds.

How Medical Liens Work

  • Treatment Agreement: When you receive treatment for your injury, the healthcare provider may ask you to sign a lien agreement. This agreement states that they will provide treatment in exchange for the right to collect payment from your future settlement.
  • Billing Your Insurance: In most cases, your healthcare provider will bill your insurance first. If the insurance does not cover the full amount of your medical bills, the lien will cover the remaining balance.
  • Settlement Negotiation: Once you reach a settlement in your personal injury case, your attorney will deduct any medical liens from your settlement amount before you receive the funds.

The Impact of Medical Liens on Your Settlement

Medical liens can have both positive and negative implications, depending on the context of the personal injury case and the perspective of the parties involved. Here is a breakdown of the pros and cons:

Pros of Medical Liens:

Immediate Medical Care: Medical liens allow injured individuals to receive necessary medical treatment without having to pay upfront. This is especially beneficial for those who may not have insurance or the means to pay for care out-of-pocket.

Access to Quality Providers: Patients can access quality healthcare providers who might be hesitant to treat them without guaranteed payment. This can lead to better outcomes and quicker recovery times.

Increased Focus on Recovery: Knowing that medical bills will be covered allows individuals to focus on their recovery rather than financial stress during a challenging time.

Potential for Reduced Costs: In some cases, healthcare providers may be willing to negotiate lien amounts once a settlement is reached, potentially lowering overall medical costs for the patient.

Cons of Medical Liens:

Reduced Settlement Amount: Medical liens must be paid from any settlement or award, which can significantly reduce the amount of money the injured party ultimately receives. For example, if a person settles for $100,000 but owes $30,000 in medical liens, they will only take home $70,000.

Complexity and Delays: The process of negotiating and settling medical liens can complicate and prolong the settlement process. Disputes over lien amounts can lead to delays in receiving compensation.

Liability Issues: If a case goes to trial and a jury awards a lower amount than expected, it could leave the injured party with a financial shortfall after paying off medical liens.

Potential for Confusion: Individuals may not fully understand how medical liens work, leading to mismanaged expectations regarding their financial recovery post-settlement.

Why Work With an Attorney?

An attorney can negotiate with Medicare to reduce the lien amount. They may argue that certain treatments or charges were unrelated to your injury or were unnecessary. This can lead to a reduced lien, allowing you to keep more of your settlement.

Here are the key reasons to hire an attorney for Medicare lien negotiations:

  • Evaluate the lien: Attorneys can review the lien to ensure it is accurate and that only necessary treatments are included.
  • Negotiate reductions: Attorneys often negotiate with Medicare to reduce the lien based on specific circumstances.
  • Handle paperwork: Managing Medicare liens requires timely communication and documentation, which attorneys are equipped to handle.

Your Advocates After an Accident

Navigating the complexities of medical liens in personal injury cases can be challenging. At Fielding Law, we understand the financial strain that comes with injuries. Our experienced team is here to advocate for you, ensuring that you are informed every step of the way. We will work diligently to negotiate liens on your behalf and maximize your settlement.

If you are struggling with medical bills and need guidance through your personal injury case, Fielding Law is here to help. Reach out today at 833.88.SHARK to schedule your free consultation and begin your journey toward justice.

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

November 1, 2024
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Los Angeles in the Morning sunrise

Smart Tips for Morning Commutes in Los Angeles

By Car Accident, Catastrophic Injury, Motorcycle Accident, Truck Accident, Wrongful Death

Morning commutes in Los Angeles are notorious for high traffic and long delays. With so many cars on the road, it is important to stay safe and reduce stress. These practical tips can help make your Los Angeles morning commute smoother and safer.

Plan Ahead to Avoid Rush Hour

The most effective way to ease your commute is by planning ahead. Take a few simple steps before you leave:

  • Check Traffic Reports: Use apps like Google Maps or Waze to monitor traffic conditions before you hit the road.
  • Leave Early: Starting your commute 10-15 minutes earlier can help you avoid the worst of rush hour traffic.
  • Consider Alternate Routes: Know a few different ways to get to your destination so you can adjust if an accident or heavy traffic is reported.

Being prepared can significantly reduce your chances of getting stuck in a traffic jam.

Stay Calm and Focused

With the chaos of morning traffic, it is easy to get frustrated. However, staying calm and focused on the road is key to avoiding accidents. Here are a few tips to help maintain focus:

  • Take Deep Breaths: Practice relaxation techniques, such as deep breathing, to keep stress levels down.
  • Avoid Distractions: Refrain from using your phone or adjusting the radio while driving. Keeping your attention on the road can prevent a costly mistake.
  • Leave Space: Tailgating increases the risk of rear-end accidents. Make sure to leave enough space between your vehicle and the one in front of you.

Patience is vital during busy LA traffic hours. Keeping a level head will help you get to your destination safely.

Defensive Driving Techniques

Defensive driving is one of the best ways to protect yourself on the road, especially during high-traffic times. Incorporate these strategies into your morning drive:

  • Watch for Sudden Stops: Traffic in Los Angeles can stop suddenly. Be prepared to brake when needed.
  • Use Your Mirrors Frequently: Constantly check your mirrors to stay aware of the vehicles around you.
  • Be Aware of Pedestrians: Many pedestrians may be crossing streets during the morning rush. Always be cautious at intersections and crosswalks.

By practicing defensive driving, you reduce the likelihood of getting into an accident.

Why Hire Fielding Law?

At Fielding Law, we know how overwhelming an auto accident can be, especially in high-traffic areas like Los Angeles. Our experienced attorneys are dedicated to helping you navigate your claim and recover the compensation you need for medical bills, lost wages, and more. Let Fielding Law handle the legal side of things while you focus on healing.

Call 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.

October 29, 2024
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Man prepping outside the courthouse. Personal Injury Trial Preparation.

Preparing for Your Personal Injury Trial

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

Personal injury trial preparation can be an emotional and challenging experience. Knowing what to expect and how to prepare can ease your worries and help you approach the process with confidence. At Fielding Law, we guide you through every step, ensuring you are informed and ready.

Steps for Your Personal Injury Trial Preparation

Gather and Review Evidence:
The foundation of any personal injury trial is solid evidence. Your attorney will help you gather medical records, accident reports, photographs, and witness statements. Reviewing this evidence in advance helps you feel more confident during the trial.

Practice Your Testimony:
Testifying can be nerve-wracking. You will need to share details of the accident, your injuries, and how they have affected your life. Your attorney will guide you through practice sessions to ensure your testimony is clear and truthful.

Understand the Legal Process:
Knowing what will happen during the trial helps reduce anxiety. Your attorney will explain the trial process, including jury selection, opening statements, witness testimony, and closing arguments. Be prepared for possible delays, but know that Fielding Law will be there to support you every step of the way.

Prepare for Cross-Examination:
During cross-examination, the opposing attorney may try to challenge your credibility. Stay calm and composed. Answer each question truthfully, without guessing or overexplaining.

Dress Appropriately:
Your appearance matters. Dress conservatively and professionally to show respect for the court. Simple and neutral attire can create a positive impression without distracting from your case.

Rest and Eat Well:
Get a good night’s rest the night before your trial and start your day with a healthy breakfast. Being well-rested and nourished will help you stay sharp, focused, and ready to give your best performance.

What to Expect During Your Personal Injury Trial

Opening Statements:
Both your attorney and the defense will present their opening statements, outlining the key points of the case.

Witness Testimonies and Evidence Presentation:
Your attorney will present witnesses, including medical experts, to support your claim. The defense will also have the opportunity to present their case.

Closing Arguments and Jury Deliberation:
After both sides have presented their evidence, the jury will deliberate and reach a verdict.

Fielding Law: Advocates for Your Rights

If you are a Fielding Law client or would like to learn more about whether your case could go to trial, give us a call at 833.88.SHARK. Our experienced and compassionate team will discuss your options and help you determine the best path forward. Whether preparing for a personal injury trial or pursuing a settlement, Fielding Law is here to support 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.

October 28, 2024
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