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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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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, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Accidents can happen at any time, leaving you with more than just physical scars. The pain and recovery process can be difficult, but the legal aspects can feel just as overwhelming. If you are considering filing a claim, understanding the process is important. This guide to Personal Injury 101 will walk you through the basics, from determining if you have a valid case to the steps involved in seeking compensation.

Personal Injury Guide

Personal injury law protects individuals hurt due to someone else’s negligence. Suffering an injury can be overwhelming, physically and emotionally. Beyond the pain, many victims face mounting medical bills, lost wages, and uncertainty about the future.  
 
No one should have to navigate this process alone. Personal injury attorneys advocate for victims, offering guidance and support. They handle the legal process so injured individuals can focus on recovering. A personal injury claim helps hold the party responsible accountable. 
 
Personal injury cases come in many forms, including motor vehicle accidents, slip-and-falls, dog bites, and defective products. These incidents can cause both physical injuries and emotional distress, making recovery challenging. Personal injury law ensures victims can seek justice and reclaim their stability. 

The Legal Process for Personal Injury    

Navigating a claim can seem confusing, but understanding the process can ease the anxiety through this personal injury guide. 

  1. The Initial Consultation: The first step is speaking with a consultation specialist. At Fielding Law, our team is ready to review the details and allow you to ask questions while understanding your legal options.
  2. Investigation and Gathering Evidence: Strong evidence is important for a successful claim. Medical records, accident reports, witness statements, and pictures help build your case.  
  3. Filing the Claim: Once enough evidence is gathered, we file a claim with the at-fault party’s insurance company. This step formally starts the legal process. 
  4. Negotiating a Settlement: Most cases are settled before trial. Our expert attorneys negotiate with the insurance company to secure a fair settlement.  
  5. Litigation, If Necessary: If the case does not offer a fair settlement, we may take it to court. While litigation can extend the timeline, our legal team is prepared to fight for your rights.
  6. Resolution and Compensation: After an agreement is reached, the settlement is finalized, payments are processed, and outstanding medical liens are addressed. Depending on the case, this final phase can take weeks or months. We understand that waiting can be difficult, but this step is crucial for you to receive what you deserve.  

How to Determine if You Have a Valid Personal Injury Claim 

To have a personal injury claim, you must show that someone else’s actions caused your injury. This involves proving they had a duty to act safely, failed to do so, and that their actions directly led to your harm.  
 
Insurance companies try to pay as little as possible, and their first offer is rarely the best. A personal injury can handle negotiations and fight for the compensation you deserve. Even after this personal injury guide, if you are unsure whether you have a claim, contact Fielding Law. The consultation is free, and we can help you understand your options. 

Moving Forward with Fielding Law 

Your injuries, challenges, and recovery matter to us. At Fielding Law, we know that every personal injury case is unique. We are dedicated to taking the time to listen, understand your situation, and help you navigate through the complexities of personal injury. Whether you are facing mounting medical bills, lost wages, or ongoing pain, we will fight for you every step of the way. Call 833.88.SHARK for a free consultation and let us help you take the next step toward a successful recovery.  

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

February 11, 2025
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Hands holding a phone to take a photo or video

Photo and Video Evidence Builds Stronger Cases

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

Why Visual Evidence Matters

You may have heard the saying, “A picture is worth a thousand words.” In personal injury claims, photo and video evidence can be worth thousands—or even millions—of dollars. These forms of evidence provide clear, undeniable proof that can support your case, counter opposing arguments, and increase the likelihood of a favorable settlement.

Examples of Photo and Video Evidence in Action

  • Car Accidents: Pictures of the accident scene, vehicle damage, skid marks, and traffic signals can demonstrate fault and the severity of the crash.
  • Bed Bug Bite Injuries: Photographs of bites, infestation, and unsanitary conditions at a hotel or rental property can establish negligence.
  • Pedestrian Accidents: Video footage from nearby surveillance cameras or eyewitnesses’ cell phones can show the driver’s behavior and the circumstances of the crash.
  • Premises Liability: Images of wet floors, broken handrails, or uneven walkways can prove hazardous conditions that led to your injury.

The Best Types of Evidence to Capture

When documenting an injury or accident, focus on these types of evidence:

  • High-Quality Photos: Use clear, well-lit images that show details of injuries, property damage, or unsafe conditions.
  • Videos with Context: Videos can capture the sequence of events, such as a car speeding through a red light or the lack of safety measures on a property.
  • Time-Stamped Evidence: Ensure all photos and videos include accurate timestamps to verify when they were taken.
  • Witness Recordings: If available, obtain recordings from bystanders who witnessed the incident.

Tips for Capturing Evidence

  • Take photos and videos as soon as possible.
  • Document injuries over time to show progression or healing.
  • Capture the surroundings to provide context.
  • Use your phone or camera’s timestamp feature.

How Visual Evidence Strengthens Your Case

Photo and video evidence provides clarity where words may fail. For example, describing a dangerous pothole in court may not be as impactful as showing a picture of it. Similarly, a video of a reckless driver running a stop sign can eliminate doubts about liability.

Evidence also counters attempts by insurance companies to minimize your injuries or deny fault. It allows your attorney to present a compelling narrative supported by hard proof.

Why Hire Fielding Law

At Fielding Law, we understand the power of visual evidence in securing fair settlements. Our compassionate team will guide you through the process of gathering and presenting the evidence needed to strengthen your case. Whether you have been injured in a car accident, suffered from a bed bug infestation, or experienced a slip and fall, we are here to help. Call us at 833.88.SHARK for a free consultation and let us fight for the compensation you deserve.

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

February 7, 2025
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scale on a table in a dark room with a small window

Understanding Negligence in Injury Claims

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

Negligence is a key factor in personal injury cases. Proving negligence determines whether a victim can receive compensation for their injuries. This guide explains how negligence works, how insurance companies and defendants may try to reduce their liability, and how evidence can strengthen your claim.

What Is Negligence?

Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, you must demonstrate these elements:

  1. Duty of Care: The defendant owed a duty to act responsibly.
  2. Breach of Duty: The defendant failed to meet that responsibility.
  3. Causation: The breach directly caused the injury.
  4. Damages: The injury resulted in measurable losses, such as medical bills or lost income.

How Insurance Companies Minimize Negligence

Insurance companies often try to reduce their client’s responsibility to pay less compensation. They may:

  • Claim the victim contributed to the accident: This is known as comparative liability. In states that follow comparative negligence rules, the compensation you receive could be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault, your compensation may be reduced by 20%.
  • Downplay the severity of the injuries.
  • Question the credibility of evidence or witnesses.

A skilled attorney counters these tactics by gathering strong evidence and presenting a compelling case.

How Defendants Avoid Responsibility

Defendants may use similar strategies to avoid accountability. Common defenses include:

  • Arguing they acted reasonably under the circumstances.
  • Shifting blame to the victim or a third party.
  • Denying the connection between their actions and the injury.

Your legal team can challenge these arguments to hold the responsible party accountable.

How Evidence Strengthens Your Claim

Strong evidence proves negligence and ensures fair compensation. Helpful evidence includes:

Each piece of evidence builds a stronger case, making it harder for insurers or defendants to dispute their liability.

Why Choose Fielding Law?

At Fielding Law, we understand the challenges victims face when dealing with negligence claims. Our experienced team fights for your rights with ethical and effective representation. We carefully gather evidence, counter insurance tactics, and guide you through every step of your case. Call 833.88.SHARK today to schedule your free consultation.

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

February 3, 2025
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Jared of Fielding Law giving a free consultation

What is the Catch? Why Free Consultation?

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, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

When searching for legal help after an injury, you may notice that many law firms offer a free consultation for personal injury claims. You might wonder, “What is the catch?” or “Why are they offering something for free?” In reality, free consultations are a way for law firms to show their commitment to helping injured individuals without adding to their financial burden. It is also an opportunity for you to assess your case and the legal team without any risk or obligation.

Why Do Law Firms Offer Free Consultations?

There are several reasons why law firms, including Fielding Law, offer free consultations to potential clients:

  1. Understanding Your Case
    A free consultation allows the attorney to evaluate the basics of your case. They will review your injuries, the circumstances surrounding the accident, and the potential for legal action. This initial meeting helps both you and the attorney determine if it makes sense to move forward.
  2. Access to Justice
    Personal injury cases often involve individuals who are already facing financial stress due to medical bills, lost wages, and property damage. By offering a free consultation, law firms remove the financial barrier that may prevent someone from seeking legal help.
  3. No Risk to You
    The main benefits of a free consultation for personal injury claims is that it comes with no strings attached. You are not obligated to hire the attorney after the consultation. It gives you a chance to ask questions, understand your legal options, and decide if you feel comfortable with the law firm.
  4. Contingency Fee: No Win, No Fee
    Many individuals hesitate to pursue legal action because they fear how much it will cost. At Fielding Law, we work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case, making it risk-free for you to pursue the compensation you deserve.

What Happens During a Free Consultation?

During your consultation, the attorney will ask you about the details of your accident or injury. You should be prepared to provide information about the accident, any injuries you sustained, medical treatment you have received, and any communication you have had with insurance companies. The attorney will use this information to provide guidance on your legal options and the potential value of your case.

In this meeting, you will also have the opportunity to ask questions, such as:

  • How long will my case take?
  • What are the chances of success?
  • What will the legal process involve?
  • How does the firm charge for their services?

Why Hire Fielding Law?

At Fielding Law, we offer free consultations because we are committed to providing compassionate and expert legal help to those who need it most. We understand that dealing with an injury can be overwhelming, and we want to help you explore your options without any upfront costs. Our team is dedicated to fighting for your rights and ensuring you receive fair compensation. With our contingency fee structure, you can move forward confidently, knowing you do not owe us anything unless we win your case.

If you have been injured due to someone else’s negligence, do not hesitate to contact Fielding Law at 833.88.SHARK. Our free consultation is your opportunity to learn about your case and how we can help, with no obligation to proceed.

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

January 22, 2025
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Man sitting at a desk while talking on the phone.

Navigating Insurance Claims Made Simple

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

Dealing with an insurance claim after a car accident or personal injury can be overwhelming. Many people are unsure of how to approach the process, what information to include, and how to handle insurance adjusters. Navigating insurance claims is a challenge, especially when you are up against a well-resourced insurance company with teams of adjusters, lawyers, and other professionals whose main goal is to minimize payouts.

Key Tips for Navigating Insurance Claims

When filing a claim, there are several important steps to take to ensure that you protect your rights and maximize your compensation.

  1. Document Everything
    Keep detailed records of your accident and injuries. This includes medical bills, repair costs, and any communication with the insurance company. The more documentation you have, the stronger your claim will be.
  2. Be Cautious When Speaking to Adjusters
    Insurance adjusters may seem friendly, but they work for the insurance company and will try to minimize your compensation. Be careful with what you say, and avoid giving recorded statements without consulting an attorney.
  3. Know the Value of Your Claim
    Insurance companies will often offer a settlement far lower than what you deserve. Knowing the full value of your claim, including future medical costs, lost wages, and pain and suffering, is crucial to receiving fair compensation.
  4. Do Not Settle Too Quickly
    It can be tempting to accept an initial settlement offer, especially if you are dealing with mounting medical bills. However, settling too soon can leave you without enough compensation to cover future expenses related to your injuries.

Why Navigating Insurance Claims Is Difficult

Insurance companies are massive organizations with vast resources. They have teams of professionals whose job is to save the company money by minimizing the amount they pay out in claims. As one person, it is incredibly difficult to go up against these companies on your own. You may be outnumbered, under-resourced, and unsure of how to navigate the complicated claims process. This is why having the right support is crucial.

At Fielding Law, we understand the complexities of insurance claims and the tactics that insurance companies use to reduce payouts. We work tirelessly to ensure our clients receive fair compensation for their injuries. With Fielding Law on your side, you will have the experience, resources, and dedication you need to navigate the claims process with confidence.

Why Hire Fielding Law?

Handling your insurance claim alone is not easy. You are one person trying to go up against an entire insurance company. Without the right legal support, it can feel like an uphill battle. That is where Fielding Law comes in. Our skilled attorneys have the knowledge and resources to level the playing field, ensuring that you are not taken advantage of by insurance companies.

If you are struggling with your insurance claim or unsure of what to do next, contact Fielding Law at 833.88.SHARK. Let us help you fight for the compensation you deserve.

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

December 11, 2024
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Woman sitting in the back of car preparing for Road Trip

How to Prepare for a Thanksgiving Road Trip

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

Planning a Thanksgiving road trip can be exciting, but it is essential to prioritize safety while traveling. Whether you are heading out to visit family or taking a vacation, preparation is key to ensuring a smooth and enjoyable journey. Below are important tips to help you prepare for Thanksgiving road trip safety.

What to Pack for Your Road Trip

Being well-prepared can help you handle unexpected situations on the road. Here is a packing list to get you started:

  • Emergency Kit: Be sure to have a flashlight, jumper cables, tire jack, and a first aid kit in your car.
  • Warm Clothing and Blankets: Cold weather can make waiting for help uncomfortable, so pack extra layers.
  • Snacks and Water: Keep non-perishable snacks and bottled water for the long drive.
  • Chargers and Maps: While GPS is useful, always carry a physical map in case your phone dies.

Stay Alert and Be Aware

Long trips can be tiring, and it is easy to lose focus. Stay alert by following these safety tips:

  • Take Breaks: Stop every couple of hours to stretch your legs, breathe fresh air, and stay alert.
  • Watch for Weather Changes: Snow, rain, or ice can appear unexpectedly and make roads slippery. Adjust your speed accordingly and stay aware of weather conditions.
  • Plan for Traffic: Holiday travel often means busy roads. Be patient, plan for delays, and avoid speeding to make up for lost time.
  • Avoid Distractions: Keep your focus on the road by putting away your phone and keeping distractions to a minimum.

Plan Your Route in Advance

Before starting your Thanksgiving road trip, it is vital to plan your route to avoid any surprises along the way. Use a GPS or a physical map to familiarize yourself with major highways and exits. Check for any construction zones or roadwork that could cause delays, as this is common during holiday travel. Having an alternative route in mind can be beneficial in case you need to change your path due to traffic, accidents, or unexpected weather conditions. Taking the time to plan your route in advance can help you navigate your journey smoothly and enjoy a stress-free travel experience.

Be Aware of Holiday Drivers

Holiday driving can be stressful, and not all drivers are cautious. Watch out for:

  • Drowsy Drivers: Many people travel long distances during the holidays and may be fatigued. Be cautious and avoid drivers who seem to be weaving or driving erratically.
  • Distracted Drivers: With the holiday hustle and bustle, some drivers may be distracted by their phones or other passengers. Stay alert and drive defensively.
  • Impaired Drivers: The holiday season often includes celebrations, and this increases the risk of encountering impaired drivers. Watch for signs of erratic driving and be prepared to react.

Why Hire Fielding Law?

If you experience an accident during your holiday travel, Fielding Law is here to help. Our caring, kind, and highly capable team understands the unique challenges of the season. We work diligently to ensure you receive the compensation you deserve after an accident. So, as you prepare for your Thanksgiving road trip, know that you have a reliable partner in your corner. Contact Fielding Law at 833.88.SHARK to get the legal support you need and focus on enjoying your holiday.

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

November 22, 2024
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An expert witness discussing the accident. Expert Witness in Personal Injury Cases.

Winning Personal Injury Cases with Experts

By Brain Injury (TBI), Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Slip or Trip and Fall

In personal injury cases, an expert witness plays a crucial role in helping you secure the compensation you deserve. Their specialized knowledge and testimony can clarify complex details, making it easier for the court to understand the facts of your case. By providing objective, professional insight, an expert witness in personal injury cases strengthens your claim and increases your chances of a favorable outcome.

What is an Expert Witness?

An expert witness is a professional with deep expertise in a field relevant to your case. They help explain key aspects such as how the accident happened, the severity of your injuries, or the potential long-term impact of your condition. Their testimony brings clarity, especially when technical or scientific details are involved.

Common Types of Expert Witnesses

  • Medical Experts
    These professionals assess and explain your injuries, outlining how they affect your daily life.
  • Accident Reconstruction Specialists
    These experts use evidence from the scene to reconstruct what happened and who was at fault.
  • Economic Experts
    They calculate the financial impact of your injuries, including lost wages and future earning capacity.
  • Engineers or Safety Experts
    These experts evaluate defective products or unsafe conditions that caused your injury.

Why Are Expert Witnesses Critical?

Expert witnesses are vital in personal injury cases because they:

  • Break down complex details in an understandable way.
  • Offer objective, professional testimony.
  • Strengthen your claim with credible, evidence-based support.

Their input is particularly crucial in cases involving medical malpractice, car accidents, and product liability claims.

How to Choose the Right Expert Witness

Consider the following when selecting an expert:

Relevant Expertise: The expert’s background must align with your case.

Reputation: A strong professional record boosts their credibility.

Communication Skills: Experts should clearly explain their findings to a non-technical audience.

Why Hire Fielding Law?

At Fielding Law, we understand the importance of having the right expert witnesses on your side. Our experienced team knows how to choose and work with top experts to build a strong case. We are caring, empathetic, and dedicated to helping you get the compensation you deserve. If you are facing a personal injury case, let us handle the legal complexities so you can focus on healing. Contact Fielding Law today at 833.88.SHARK for a free consultation. We are ready to help you win your case.

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

November 21, 2024
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Police Officer making a report

Why Do I Need a Police Report After an Accident?

By Assault, Bicycle Accident, Car Accident, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Train Accident, Truck Accident, Wrongful Death

After a car accident, you may wonder, “Why do I need a police report?” A police report after an accident plays a critical role in documenting the incident and protecting your rights. This report serves as an official record of the accident, which can significantly impact insurance claims and any potential legal proceedings.

Importance of a Police Report

  1. Official Documentation: A police report provides an official account of the accident. This documentation includes vital details, such as the time, location, and parties involved, which helps create a clear picture of what occurred.
  2. Factual Evidence: The report typically contains the officer’s observations, witness statements, and any evidence gathered at the scene. This factual information helps establish a timeline of events and can clarify who was at fault.
  3. Insurance Claims: Most insurance companies require a police report when processing claims. The report helps insurance adjusters assess liability and determine the compensation you may receive for damages or injuries.
  4. Legal Protection: If you need to pursue legal action due to injuries or property damage, a police report can serve as crucial evidence in court. It strengthens your case by providing an impartial account from law enforcement.

What If the Police Cannot Come to the Scene?

In some situations, police may be unable to respond to the accident scene due to limited resources or other emergencies. Here are tips on what to do if this happens:

  • File a Report at the Station: If the police cannot come to you, you can go to the nearest police station to file a report. Bring any relevant information, including photos, witness contact details, and any statements from those involved.
  • Document Everything: If the police do not arrive, document the scene yourself. Take photographs of the vehicles, the surrounding area, and any visible injuries. Write down your account of what happened while it is still fresh in your mind.
  • Call Fielding Law: It is crucial to discuss your options with Fielding Law. Our experienced attorneys can guide you on how to proceed with your case. We will help you navigate insurance claims and ensure you have the necessary documentation for any potential legal actions.

Additional Considerations

  • Witness Statements: If possible, collect written statements from witnesses at the scene. Their accounts can strengthen your case and provide additional support if there are disputes about the accident.
  • Medical Documentation: If you sustained injuries, seek medical attention immediately. Documenting your injuries and treatment will be essential for your case, especially when dealing with insurance claims.

What to Do After an Accident

If you are involved in a car accident, follow these steps to ensure you obtain a police report:

  1. Call Emergency Services: After ensuring everyone’s safety, call the police to report the accident. They will dispatch an officer to the scene to assess the situation.
  2. Gather Information: While waiting for the police, exchange information with the other driver and any witnesses. Collect names, contact information, and insurance details.
  3. Stay at the Scene: Remain at the scene until the police arrive. Once the officer has documented the accident, they will create a report.
  4. Request a Copy of the Report: After the officer files the report, request a copy for your records. You may need this for insurance claims or legal proceedings.

Why Choose Fielding Law?

At Fielding Law, we understand that navigating the aftermath of an accident can be overwhelming. Our experienced attorneys are here to help you every step of the way. We will guide you through the process of obtaining a police report and assist you in filing insurance claims or pursuing legal action.

Why Hire Our Team?

When you work with Fielding Law, you will benefit from our compassionate approach and expert legal support. We are dedicated to helping you protect your rights and ensure you receive the compensation you deserve.

Call us today at 833.88.SHARK for a free consultation. Let us help you navigate the complexities of your accident case.

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

November 15, 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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