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Comparative Fault Explained

By Bicycle Accident, Car Accident, Dog / Animal Bite, Personal Injury, Premises Liability, Wrongful Death

Understanding Comparative Fault

Comparative fault is a legal principle that may impact how much compensation you recover in a personal injury case. It applies when both the injured person and the at-fault party share responsibility. A court or jury will assign percentages of fault, and your award is reduced by the amount of fault assigned to you.

Comparative Fault in California

California follows a pure comparative fault system. Even if you are found 99 percent at fault, you may still recover damages for the 1 percent caused by someone else. For example, if you are injured in a car accident and awarded $100,000 but are found 40 percent at fault for speeding, your recovery would be $60,000.

Comparative Fault in Arizona

Arizona also follows a pure comparative fault system. This means you can pursue compensation even if you bear the majority of the blame. For example, if you are injured in a bicycle accident and the court finds you 30 percent at fault for riding against traffic, you would still recover 70 percent of your damages. If the total damages were $50,000, you would receive $35,000.

How Comparative Fault Applies to Different Cases

Dog Bites

In California and Arizona, dog owners are strictly liable when their dog bites someone. However, if the injured person provoked the dog or was trespassing, comparative fault may reduce the compensation.

Car Accidents

Car accidents often involve multiple factors. One driver may run a red light while the other sends a text. Both actions contribute to the crash. In these cases, the court assigns fault to each driver and reduces recovery according to those percentages.

Premises Liability

Property owners have a duty to keep their premises safe. However, if an injured person ignores posted warnings or engages in risky behavior, comparative fault may reduce recovery.

Bicycle Accidents

Bicycle accidents frequently raise disputes over responsibility. A driver might fail to yield, while a cyclist ignores traffic laws. Both sides play a role. The court weighs each person’s actions and adjusts damages based on the percentage of fault.

Why Hire Fielding Law

At Fielding Law, we understand that comparative fault cases are often complicated. Insurance companies may attempt to exaggerate your share of fault to minimize payouts. Our attorneys will stand by your side to protect your rights and fight for the compensation you deserve. We are committed to guiding you and your family with care, compassion, and determination.

Call 833.88.SHARK today to speak with a comparative fault lawyer who will protect your best interests.

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

October 6, 2025
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a person sitting on a cliff with a dog standing next to them.

Bitten? Know California’s Dog Bite Law

By Dog / Animal Bite, Premises Liability

Understanding California’s Dog Bite Law

A dog bite can be both physically and emotionally traumatic. In California, the law is clear—dog owners are strictly liable for injuries caused by their pets, even if the dog has never bitten anyone before.

This means that if you were bitten in a public place or lawfully on private property, the dog’s owner is responsible for your injuries.

California Civil Code § 3342 sets this rule in place and provides important protections for victims.

What Does “Strict Liability” Mean?

Under strict liability, the dog owner is automatically responsible for the bite, regardless of whether:

  • The dog has a history of aggression

  • The owner knew the dog might bite

  • The owner tried to prevent the bite

The only requirements are that the victim was either in a public place or lawfully on private property (such as a guest or delivery worker). There is no need to prove that the dog owner was negligent.

Where and When This Law Applies

California’s dog bite law applies in many common situations:

  • Bites in public parks, sidewalks, or neighborhoods

  • Attacks on private property where the victim was invited

  • Bites that occur at a dog owner’s home or during a visit

  • Injuries to workers such as mail carriers or landscapers

It does not apply if the victim was trespassing, provoking the dog, or if the dog was a police or military dog performing its duties.

Injuries Covered by the Law

Dog bites can cause serious harm, including:

  • Deep lacerations or puncture wounds

  • Infection and scarring

  • Nerve damage or loss of function

  • Emotional trauma, including fear or PTSD

Even a single bite can result in emergency room visits, surgeries, and long-term recovery. The law allows victims to seek compensation for medical bills, lost wages, pain and suffering, emotional distress, and more.

What To Do After a Dog Bite

If you or your child has been bitten:

Speak with an attorney who understands personal injury and dog bite laws before accepting any settlement.

Why Hire Fielding Law

At Fielding Law, we understand the physical pain and emotional toll that dog bites can cause. Whether your case involves a child bitten at a neighbor’s home or an adult attacked in public, we take your injury seriously. Our team will guide you through the legal process with compassion, professionalism, and the experience needed to pursue maximum compensation.

We represent injured clients throughout California and Arizona. You do not have to go through this alone.

Contact Fielding Law at 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.

September 24, 2025
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Dog sitting on a lawn

Arizona’s Dog Bite Law Explained

By Dog / Animal Bite, Personal Injury, Premises Liability

Understanding Arizona’s Dog Bite Statute

Dog bites can cause serious physical and emotional injuries—especially to children. Arizona law gives bite victims strong legal rights under A.R.S. § 11-1025, which holds dog owners strictly liable when their dog bites someone in public or lawfully on private property.

Strict liability means that the victim does not need to prove that the dog had a history of aggression or that the owner was negligent. If a dog bites, the owner is responsible.

When the Law Applies

Arizona’s strict liability dog bite law applies when:

  • The victim is in a public place or

  • The victim is lawfully on private property, such as a guest, postal worker, or delivery driver

The law does not apply if the victim was trespassing or provoking the dog. In those cases, the owner may have a defense.

This statute applies even if the dog has never bitten before and has no known history of aggression.

Key Differences from California

Although similar to California’s law, Arizona’s statute includes some important differences:

  • Time limits: Arizona has a one-year statute of limitations for strict liability dog bite claims under A.R.S. § 11-1025. After that, victims may still bring a negligence claim, which has a two-year limit.

  • Provocation defense: If the dog was provoked, the owner may avoid liability under this law.

  • Trespassing defense: Unlike California, Arizona emphasizes the victim’s legal status on the property at the time of the bite.

What Damages Can Be Recovered?

Dog bite victims in Arizona may recover compensation for:

  • Emergency room and hospital bills

  • Future medical care and plastic surgery

  • Lost wages or missed school

  • Pain and suffering

  • Scarring or disfigurement

  • Emotional trauma or anxiety

These cases can be especially complex when a child is the victim. Arizona courts take extra care to ensure the settlement is in the best interest of the minor.

What To Do After a Dog Bite

If you or a loved one has been bitten by a dog:

A dog bite can lead to infection, nerve damage, and long-term emotional distress. It is important to take action quickly to protect your rights.

Why Hire Fielding Law

At Fielding Law, we fight for dog bite victims across Arizona. Whether your child was attacked at a neighbor’s home or you were bitten while walking in your neighborhood, our team is here to help.

We understand the emotional stress and physical pain dog bite injuries cause—and we take them seriously. Our goal is to protect your rights, hold negligent owners accountable, and help you recover the compensation you deserve.

Contact Fielding Law at 833.88.SHARK for a free consultation today. We are ready to listen and help.

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

September 18, 2025
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flag on a boat

Labor Day Safety Matters

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

Injuries on Labor Day Weekend

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

Common Holiday-Related Accidents

Road Trips and Travel

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

Rideshare Accidents

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

Boating Accidents

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

Personal Watercraft (PWC) Accidents

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

Parades and Public Gatherings

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

Barbecues and Backyard Parties

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

Firework Incidents

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

Pools and Water Activities

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

Labor Day Safety Tips

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

Driving Safety

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

Hosting Safety

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

Firework and Pool Safety

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

Why Hire Fielding Law

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

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

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

August 29, 2025
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Can AI Replace Lawyers?

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

Can You Replace a Lawyer With AI?

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

What AI Can and Cannot Do

AI Can:

  • Explain general legal ideas and procedures

  • Summarize statutes and regulations

  • Draft basic templates or documents

  • Suggest broad next steps

AI Cannot:

  • Provide personalized advice specific to your case

  • Investigate evidence or interview witnesses

  • Navigate complex California or Arizona laws

  • Represent you in court or negotiate with insurers

  • Offer strategy, empathy, or advocacy

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

What Fielding Law Provides That AI Cannot

Personalized Legal Guidance

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

Thorough Investigation

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

Negotiation and Advocacy

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

Courtroom Representation

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

Compassionate Support

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

Why Real Lawyers Matter

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

Why Hire Fielding Law

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

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

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

August 29, 2025
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Outdoor movie screen set up with 2 rows of chairs with trees in the background

Can You File a Claim If You Were Injured at a Free Outdoor Movie?

By Car Accident, Dog / Animal Bite, Personal Injury, Slip or Trip and Fall

Outdoor movies offer a perfect blend of cinematic magic and the natural beauty of the outdoors, making them the ultimate summer activity for friends and family. However, it is important to note that accidents can happen unexpectedly, and even relaxing activities like these can come with certain risks. Just because an event is free does not mean the organizers are free from responsibility if an attendee gets hurt.

Possible Negligent Parties

When an outdoor movie injury occurs, responsibility often falls on those who planned, hosted, or maintained the event space. Potentially liable parties may include:

  • The Event Organizer – Typically, a private company or non-profit. They take on the important responsibility of planning the event, securing permits, coordinating vendors, arranging security, setting up equipment, and ensuring the safety of others. If they fail to take reasonable steps to prevent injury, they may be held liable.
  • The City or Municipality – If the event is held in a public park or city-managed location, the city or county may be partially responsible for maintaining the property. This includes lighting, landscaping, and repairing known hazards. However, when dealing with public entities, special rules apply. State and local governments are often protected by laws that limit when and how they can be sued. In Arizona and California, statutes such as the Arizona Notice of Claim statute or California’s Government Claims Act require specific procedures and tight deadlines. Failure to follow these rules can bar a claim entirely.

Common Negligence Scenarios

An outdoor movie injury can happen when safety is overlooked by event organizers, vendors, or property owners. Some of the most common causes of injury include:

  • Trip and Fall Hazards – Exposed electrical cords, uneven grass or pavement, and unmarked curbs can cause serious falls.
  • Insufficient Security – A lack of crowd control or security presence can increase the risk of altercations or other safety threats
  • Poor Lighting – Inadequate lighting around seating areas, walkways, and exits may lead to slips, trips, and other injuries.
  • Foodborne Illness – If food trucks or concession stands hired by the city or event organizer do not follow safety standards, guests may suffer food poisoning.
  • Dog Bites or Animal Attacks – Injuries from pets brought by audience members may be preventable with proper regulations and enforcement.
  • Sharp Objects in Grass – Debris, glass, or sharp hidden objects can injure barefoot guests or children playing on the lawn.
  • Parking Lot Accidents – Poorly lit or unmonitored parking zones increase the risk of pedestrian accidents and vehicle collisions.
  • Traffic Direction Failures – Lack of signage or staff can cause confusion, fender-benders, or even serious collisions.
  • Unsecured Equipment – Large screens, speakers, or projectors that are not properly secured may fall and cause injury.

Steps After an Outdoor Movie Injury

  • Seek Medical Attention – Even if the injury does not seem serious right now, it is still a good idea to see a doctor. Your health – both physical and emotional – matters and taking care of yourself should always come first.
  • Document the Scene – If you are able, take photos of the scene, and make note of your injuries, the weather conditions, and whether there were any warning signs present. It can also help to record the date, time, and exact location. All these details may feel a lot to take in, but they can be essential later as you begin to process what happened.
  • Find Out Who Is at Fault – Consult Fielding Law, and we can help you figure out the unknowns.
  • Contact Fielding Law at 833.88.SHARK – We are in your corner, ready to support you through the legal process so you can focus on healing. Our goal is to make your recovery as painless as possible.

Your Outdoor Movie Attorney

At Fielding Law, we understand that outdoor movies can be a hard situation to navigate. With our expertise guidance and compassionate approach, we will support you through every step of the legal process. Call us at 833.88.SHARK for your free consultation today.

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

August 20, 2025
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Firework safety for pets

Firework Safety for Pets

By Dog / Animal Bite, Personal Injury

Firework Safety for Pets

The 4th of July is a night full of fireworks, fun, and all sorts of festivities that we love! Our beloved pets, however, would prefer peace and quiet over all the noise and commotion. Together, let’s go through a checklist you can complete to help your four-legged friends feel more at ease during all the boom, crackle, and pops.

Keep Them Indoors

The loud booms and bolts can be overwhelming, even for the most well-trained animals. In this stressful moment many animals easily become lost from trying to flee the situation. Pets are at greater risk of being injured when they are outdoors, whether they come too close to the explosives themselves, or run into heavy traffic. Keeping them inside makes all the difference in ensuring their well-being.

Cross Check Collars

It is easy to get comfortable letting our pets wander around the house, or even outside without a collar, but during festivities this can be dangerous. If they become lost, a collar with ID or a microchip can be the reason they make it back home safely. Take a few extra minutes before the holiday to ensure your beloved animal is wearing a collar with identification or that their microchip information is up to date.

Tire Them Out

Just like us, pets feel calmer and more relaxed after an energizing workout. On the morning of the 4th, try adding a little more length to your typical, walk. It can help them feel more at ease and grounded throughout the rest of the day.

Stay Calm Yourself

Animals are sensitive to our emotions and can easily sense stress, anxiety, or tension. When we feel uneasy, they often do as well. Take a couple of moments for yourself leading up to the holiday weekend for your emotional well-being. Whether that is meditation, yoga, or more time in nature, putting your own well-being first not only nurtures you, but it also helps your trusted companion feel more supported.

Pay Attention to Your Pet’s Reactions

If your pet gets too overwhelmed, create a separate area away from people where they can feel safe and secure. Be mindful of your pets’ needs during firework shows and celebrations. If you start to see signs of stress like trembling, hiding, or restlessness, try playing calm music or white noise to soothe them. Sit with them and offer gentle reassurance if they come to you.

Injured by a Dog?

We know accidents happen, especially during the chaos of the 4th of July. Fireworks, crowds, and loud noises can make even the most well-behaved dogs act unpredictably. If you or a loved one has been injured by an animal due to negligence this holiday, do not wait. Give us a call at 833.88 SHARK to speak with a member of our team to help you navigate what comes next.

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

July 3, 2025
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a person passing a report for a personal injury to another person. There is a desktop with paper and a laptop in the background.

Reporting an Injury: Who to Contact and What to Include

By Car Accident, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall

If you have been injured due to an accident or unsafe conditions, reporting your injury correctly is essential. Whether it is a car accident, a slip-and-fall, or an injury at work, knowing who to report the incident to—and what details to include—can help protect your rights and ensure you receive the compensation you deserve. In this blog, we will guide you through who you need to report your injury to and what should be included in the report.

1. Report to the Property Owner or Manager (For Premises Liability, Dog Bite Injuries, and Slip-and-Fall Accidents)

If your injury occurred on someone else’s property, such as in a store, at a restaurant, or on a sidewalk, the property owner or manager is the first person you should notify.

Why It Is Important:
Reporting to the property owner or manager creates a record of the incident and gives them the chance to document the details. This helps ensure that the injury is officially acknowledged, and the property owner may file an internal report for their insurance company. Reporting the injury also helps you demonstrate that it occurred on their premises, which is vital for proving liability if you file a claim or lawsuit.

What to Include in the Report:

  • Date, time, and location of the injury

  • A description of what caused the injury (e.g., slippery floor, uneven pavement)

  • Names and contact information of witnesses

  • Photographs of the hazardous condition (if possible)

2. Report to Law Enforcement (If Necessary)

In some cases, especially if the injury is serious or involves a dangerous condition (such as a car accident or a slip-and-fall in a public space), you may want to involve law enforcement.

Why It Is Important:
A police report serves as an official account of the incident. This can be helpful in verifying the facts, gathering witness statements, and providing a reliable source of information if you need to pursue legal action. Law enforcement can also help address any ongoing safety issues that could pose further risk to others.

What to Include in the Report:

  • Detailed description of the injury

  • Cause of the accident or unsafe condition

  • Witness statements (if available)

  • Medical attention needed at the scene

3. Report to Your Insurance Company (For Auto or Home Accidents)

If the injury involves an auto accident, a home accident, or another situation where you have personal injury coverage, it is crucial to report the injury to your insurance company. However, before making contact with the insurance company, it is important to contact Fielding Law. We can guide you through the process and help ensure your rights are protected. Do not provide a statement about your injuries to the insurance company before consulting us. Insurance companies may use your statement against you, and we want to ensure that your case is handled properly from the start.

Why It Is Important:
Your insurance policy may cover medical expenses, lost wages, or other damages related to the injury. Reporting the incident to your insurer ensures that the claims process begins promptly and helps ensure that you are financially supported as you recover.

What to Include in the Report:

  • Date, time, and location of the accident

  • Description of what happened

  • Any photos, police reports, or witness statements that may support your claim

4. Report to Medical Providers

Seeking medical care after an injury is not only critical for your health but also for creating official documentation of the injury. Medical reports will serve as evidence in your case if you need to file a claim or lawsuit.

Why It Is Important:
Doctors can assess the extent of your injuries, provide treatment, and create medical records that support your claims. This documentation is essential for proving the severity of your injury, the treatment required, and how the injury impacts your daily life.

What to Include in the Report:

  • Details about the injury and how it occurred

  • Any symptoms you are experiencing (pain, swelling, etc.)

  • Treatment and care you have received

  • Expected recovery timeline

5. Report to Your Employer (For Workplace Injuries)

If you have been injured at work, you need to report the incident to your employer or supervisor immediately. This is required by law in many cases and is essential for workers’ compensation claims.

Why It Is Important:
Reporting workplace injuries promptly allows your employer to file a claim with their workers’ compensation insurance. This ensures that you can receive compensation for lost wages, medical treatment, and other damages related to the injury.

What to Include in the Report:

  • Detailed description of the injury and how it occurred

  • Names and contact information of any witnesses

  • Medical treatment you have received or need

  • The impact the injury has on your ability to perform your job

The Bottom Line

Properly reporting your injury is a crucial step in ensuring that you receive the compensation and medical care you deserve. Whether it is reporting to a property owner, law enforcement, your insurance company, or your employer, the goal is to create a clear, official record of the incident and the injury.

At Fielding Law, we understand the importance of this documentation and are here to help guide you through the process. If you need assistance with reporting an injury or filing a claim, do not hesitate to contact us. We are here to help you get the justice and compensation you deserve.

Why Hire Fielding Law?

At Fielding Law, we are committed to helping our clients navigate the complex world of personal injury claims. We understand the intricacies of the reporting process and can provide the guidance you need to ensure that your rights are protected. If you have been injured, contact us at 833.88.SHARK for a free 24/7 consultation. Let us handle the legal aspects while you focus on your recovery.

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

May 22, 2025
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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.

March 31, 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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