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Doctor with a folder of Pre-existing-Conditions

Can Pre-existing Conditions Affect Recovery?

By Personal Injury

Being involved in an accident can be stressful, and when you have pre-existing conditions, you may wonder how this will affect your recovery. The good news is that you are not alone, and there are ways to handle these concerns with the help of a capable and compassionate attorney.

We will guide you through what to expect if you are injured in an accident while dealing with pre-existing conditions, and how Fielding Law can help you navigate this situation.

How Pre-existing Conditions Can Affect Your Recovery

When you already have a medical condition, recovering from an accident may be more complicated. Here are some ways that pre-existing conditions can impact your recovery:

  • Slower Healing Time: Injuries may take longer to heal if you already have a condition that affects your mobility, strength, or overall health.
  • Increased Risk of Complications: If your pre-existing condition is related to your bones, joints, or organs, there is a higher risk of complications during recovery.
  • Chronic Pain: If you live with chronic pain, an accident could worsen your condition, making recovery more difficult.
  • Pre-existing Conditions Can Be Considered in Your Case: In legal terms, this is often called the “eggshell plaintiff” rule. It means that even if your injury is worsened by a pre-existing condition, the responsible party is still liable.

What You Should Be Aware Of

If you are injured in an accident and have pre-existing conditions, here are a few things to keep in mind:

  • Medical Records Are Crucial: Keep detailed medical records to show how the accident has impacted your pre-existing condition.
  • You Do Not Have to Accept Lower Compensation: A pre-existing condition does not reduce your entitlement to fair compensation for injuries and expenses.
  • Consult a Specialist: See a doctor who specializes in your injuries to create the best recovery plan.

Why Hire Fielding Law?

At Fielding Law, we understand that every case is unique, especially when pre-existing conditions are involved. Our team will carefully review your situation, gather necessary medical evidence, and fight for the best possible outcome. We are here to support you through the complexities of your case, providing compassionate guidance every step of the way.

If you are dealing with a personal injury and pre-existing conditions, do not hesitate to reach out to Fielding Law. Call us today at 833.88.SHARK to schedule your free consultation. Let us help you recover and get 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.

April 2, 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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Man sitting in car in front of steering wheel holding his phone

Safe Driving Habits: A Refresher for Seasoned Drivers

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

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

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

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

Commonly Forgotten Safe Driving Habits

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

The Impact of Bad Habits on Accident Rates in California

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

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

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

Protect Yourself with Safe Driving Habits

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

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

Why Hire Fielding Law?

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

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

March 28, 2025
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Distracted man sitting in his car on the phone.

3 Types of Distracted Driving That Can Put Everyone at Risk  

By Car Accident, Pedestrian Accident, Personal Injury

Imagine driving down the highway when, in an instant, a car swerves into your lane. The driver was looking at their phone and never saw traffic slow ahead. This scenario happens often and is a leading cause of car accidents. Many drivers assume they can glance at a text message or take a quick bite of food without danger, but even a few seconds of inattention can be deadly. Drivers can make safer choices and help prevent accidents by learning how these types of distractions, visual, manual, and cognitively distracted driving, contribute to everyday accidents.  

Visual Distractions   

In five seconds at 55 mph, a driver travels over 300 feet without watching the road. That distance can mean the difference between stopping safely and causing a collision. Anything from missing traffic signals, pedestrians, or sudden stops can lead to serious accidents. Changing and adjusting habits can help you stay focused.  

Here are some to start with:

  • Setting up GPS directions before driving to avoid glancing at the screen. 
  • Use voice commands for calls, navigation, and music instead of scrolling. 
  • Wait until parked to check messages, adjust settings, or reach for items.   

By making these changes, we can reduce distractions and create safer roads.    

Manual Distractions  

Many drivers have reached for a snack, adjusted the air conditioning, sipped coffee, or fixed their makeup while driving. These actions seem harmless, but as soon as your hands are off the wheel, your attention will do the same on the road. If a drink spills or a driver drops something, their instincts may be to react immediately, leading to a dangerous loss of control. In an emergency, even a split-second delay can cause a crash. Keeping your hands on the wheel and waiting until you park can help prevent dangerous collisions.  

Cognitive Distraction  

Have you ever arrived at a destination and realized you barely remembered the drive? That is a cognitive distraction. It is easy to overlook because they are not always visible, but a distracted mind is just as dangerous as distracted hands or eyes. Stress, exhaustion, and deep conversations make it harder to react quickly. Even hands-free phone calls can increase crash risks because the brain’s attention is divided. Make it a goal to stay distraction–free. A fully engaged driver is a safe driver.  

Staying Focused to Prevent Accidents  

A single moment of distraction can change lives forever. Avoiding these types of distractions can prevent accidents, protect lives, and make the roads safer. Simple steps, such as setting up GPS direction before driving, putting phones on “Do Not Disturb,” and waiting to park to adjust settings, can make a big difference.  
 
However, when negligent drivers fail to follow those steps and pay attention, innocent people suffer the consequences. At Fielding Law, we are committed to fighting for you. Call 833.88.SHARK for a free consultation. We are here to help you take the next step toward recovery.  

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

March 27, 2025
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Clark Fielding, Best Lawyers in America 2025

Clark H. Fielding Earns Avvo Client Choice Award for 2025

By Firm News and Celebrations, Personal Injury

At Fielding Law, we are proud to announce that Clark H. Fielding has once again earned Avvo’s Client Choice Award for 2025. This marks the 11th consecutive year that Clark has received this prestigious recognition since 2015, solidifying his legacy of excellence and commitment to providing exceptional legal service to those in need.

Clark Hansen Fielding Avvo Clients Choice Award 2025 award badgeWhat is the Avvo Client Choice Award?

The Avvo Client Choice Award is granted to attorneys who have earned consistently high ratings from clients on Avvo, the leading online legal services platform. This award reflects an attorney’s commitment to delivering outstanding customer service and achieving positive results for clients. To earn this award, attorneys must maintain a robust client review profile, demonstrating a long history of positive feedback.

A Legacy of Client Dedication

Clark’s achievement of earning this award for 11 straight years is a testament to his tireless effort to support individuals suffering from personal injuries, wrongful deaths, and other forms of negligence. His clients consistently praise his compassionate approach, legal expertise, and unwavering determination to fight for their rights.

Here are some testimonials from past and prospective clients:

From Anonymous
“My sister was involved in a terrible car accident. I researched and called dozens of lawyers, and Fielding Law immediately stood out. My family met with Clark and were impressed with his confidence and knowledge.”

From Douglas
“Although I only consulted with the firm, I was pleased with the first-class service, professionalism, and advice I received. They ultimately connected me with another firm that took on my case after three others did not.”

From Ed
“I was the passenger in a recent car accident. I contacted Clark Fielding right away, and his firm advised us on the best course of action. The team was prompt, easy to work with, and genuinely cared about my family and me. Very impressive law firm!”

From Alessandra
“From beginning to end, Clark and his team were professional, caring, and informative. They made me feel so comfortable during a trying time. Do not hesitate to hire them for the best experience possible!”

These reviews reflect Clark H. Fielding’s commitment to kindness, empathy, and professionalism. His client-focused approach ensures that every person who walks through his door receives the support and legal representation they deserve.

Clark FieldingWhy Hire Clark H. Fielding?

There are many reasons clients continue to trust Clark H. Fielding with their personal injury and wrongful death cases:

  • Proven Success: With over a decade of experience and a history of successful outcomes, Clark is a highly respected attorney in the legal community.

  • Client-Focused: Clark tailors his approach to the unique needs and circumstances of each case, ensuring the best possible outcome for every client.

  • Consistent Recognition: Earning the Avvo Client Choice Award for 11 consecutive years reflects his dedication to achieving positive results and maintaining client satisfaction.

Looking Ahead: A Continued Commitment to Clients

As Clark H. Fielding celebrates this incredible milestone, he remains focused on helping clients through their most challenging times. Whether dealing with personal injury, wrongful death, or any other form of negligence, you can trust Fielding Law to provide compassionate, effective legal representation. If you or a loved one has sustained an injury due to negligence, we are here to help you get the justice and compensation you deserve. Contact Fielding Law at 833.88.SHARK today. Let us show you why Clark’s commitment to clients has made him a trusted name in personal injury law for over a decade.

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

March 26, 2025
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Yellow semi truck on the road

Guide to Semi Truck Blind Spots

By Car Accident, Personal Injury, Truck Accident

When sharing the road with large trucks, it is crucial to understand the risks associated with their blind spots, or “no-zones.” These areas around a truck are invisible to the driver and can lead to dangerous accidents if other vehicles are in these spaces. Recognizing these zones and taking extra caution can significantly reduce the likelihood of a collision.

What Are Truck Blind Spots?

Truck blind spots are areas around a large truck where the driver cannot see other vehicles. These zones are created by the size and shape of the truck. The key areas include:

  • The Front: Directly in front of the truck, typically within 20 feet.
  • The Back: Directly behind the truck, especially when following too closely.
  • The Right Side: This is the largest blind spot, extending from the cab to the rear of the trailer.
  • The Left Side: While smaller, this blind spot is still critical, especially for trucks with wide trailers.

These “no-zones” make it difficult for truck drivers to see vehicles, increasing the risk of side-impact collisions, rear-end crashes, and accidents during lane changes.

The Risks of Driving in No-Zones

Driving in a truck’s blind spot increases the risk of an accident. Common dangers include:

  • Side Collisions: A truck may change lanes without seeing your vehicle, causing a dangerous crash.
  • Rear-End Collisions: Trucks need more time to stop. If you are behind one in its blind spot, the driver may not see you.
  • Merging Accidents: Blind spots can lead to accidents when a truck driver merges without noticing your vehicle.

Staying in a truck’s blind spot increases your chances of these dangerous accidents.

How to Stay Safe Around Trucks

Here are some safety tips to avoid accidents with trucks:

  1. Avoid Staying in the Blind Spot: If you find yourself in a truck’s blind spot, move out of it. Either speed up or slow down.
  2. Maintain Safe Following Distance: Keep a safe distance between your vehicle and a truck. This gives the driver more time to see you.
  3. Be Extra Cautious on the Right: The right side is often the largest blind spot, so be extra cautious when passing.
  4. Use Your Mirrors: Continuously check your mirrors to stay aware of the truck’s movements.
  5. Give Trucks Extra Space When Merging: When merging, avoid cutting in front of a truck too quickly.

What to Do if You Are Involved in a Truck Accident

If you are in a truck accident, follow these steps:

  1. Check for Injuries: Make sure everyone is safe. Call for medical help if needed.
  2. Gather Information: Collect the truck driver’s details and witness statements. Take photos of the scene.
  3. Report the Incident: Notify your insurance company about the accident.
  4. Consult an Attorney: Contact an experienced personal injury attorney, Fielding Law, to discuss your options.

Why Hire Fielding Law?

At Fielding Law, we are dedicated to helping victims of truck accidents. Our team will work with you every step of the way. We will investigate the cause of the accident and fight for the compensation you deserve. Whether it is negotiating with insurance companies or advocating for you in court, we are here to help.

If you or a loved one has been injured in an accident involving a truck blind spot, call Fielding Law at 833.88.SHARK for a free consultation. We will guide you through the legal process and help you get the justice you deserve.

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

March 25, 2025
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interior of a car. Steering wheel and empty front seat

Why Insurance Companies Say, “Do Not Admit Fault”

By Car Accident, Personal Injury

After an accident, your instinct might be to apologize or take responsibility. However, most insurance companies explicitly instruct you not to admit fault. If you check the back of your insurance card, you may see a list of steps to follow after an accident. Among these steps, the directive to avoid admitting fault is common. But there is often one critical step missing: contacting an attorney.

The Reason Behind This Advice

Insurance companies emphasize not admitting fault because:

  • Fault Requires Investigation: Determining who is responsible involves analyzing all evidence, including police reports, witness statements, and photos.
  • Statements Can Be Used Against You: A casual apology might be misconstrued as an admission of liability. This could affect your claim, even if the other party was at fault.

By avoiding statements of fault, you protect yourself from unintentionally weakening your position.

What the Insurance Card Does Not Tell You

While insurance companies list helpful instructions, such as exchanging information and documenting the scene, they often leave out a vital step: calling an attorney immediately. Here is why this step matters:

  1. Protecting Your Rights
    • Insurance adjusters may pressure you into making statements or accepting quick settlements that do not reflect the full extent of your damages. An attorney ensures your rights are protected.
  2. Guidance on Next Steps
    • A lawyer can help you navigate the post-accident process, from dealing with insurance companies to gathering evidence for your claim.
  3. Preventing Mistakes
    • Your attorney can advise you on what to say (and what not to say) when speaking with insurance adjusters or the other driver involved in the accident.

Download Our Printable Glove Box Accident Guide

Accidents can happen at any time, and having the right resources on hand is crucial. Download our printable glove box accident guide to keep in your car. It includes all the steps you need to take after an accident to protect yourself and your claim. Save it now, so you are prepared when you need it most.

Why Choose Fielding Law

After an accident, having the right legal representation can make all the difference. At Fielding Law, we provide compassionate, skilled assistance to ensure you are treated fairly and receive the compensation you deserve. Call us today 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.

March 24, 2025
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Magnifying glass on an empty table with a dark green background

How to Identify and Avoid Fraud in a Personal Injury Case 

By Personal Injury

A personal injury claim should be based on truth, integrity, and solid evidence. Unfortunately, not all defendants play by the rules. Some individuals and businesses attempt to manipulate the system by fabricating evidence, downplaying injuries, or falsely shifting blame to avoid liability. These fraudulent tactics undermine legitimate claims and create unnecessary hurdles for those who deserve compensation. Understanding how to identify and avoid fraud in personal injury claims can help you recognize deceptive defense strategies, protect your rights, and ensure a fair legal process.

Common Types of Fraud by Defendants/Insurance Companies  

Insurance companies and defendants are not always transparent when handling personal injury claims. Some use dishonest tactics to avoid paying fair compensation. Knowing these fraudulent strategies can help protect your case. 

  • False denials allow insurers to avoid responsibility by claiming an accident never happened or that liability is unclear, even when evidence proves otherwise.
  • Misrepresentation of coverage is a common tactic, where insurers downplay policy limits to make a lower payout seem fair. 
  • Fabricating evidence can involve falsified reports, altered surveillance footage, or pressured witnesses changing their stories.
  • Stalling tactics create financial strain by dragging out cases, forcing victims to accept smaller settlements out of frustration. 
  • Bad faith practices occur when insurers refuse to investigate claims, undervalue injuries, or make unfairly low settlement offers. 

These tactics are frustrating, but they are not unbeatable. Understanding them allows you to take control of your claim.  

What Can Be Done?  

If you are concerned about fraud affecting your personal injury claim, working with an experienced attorney is essential to safeguarding your rights. Our team at Fielding Law is dedicated to advocating for your rights and ensuring your claim is protected from unfair treatment. Here is what can be done:  

  • Early evidence collection to ensure all facts are documented properly. 
  • A deep understanding of fraudulent defense strategies used by insurance companies, allowing the attorney to expose these tactics. 
  • Making sure the insurance company is not acting in good faith, but holding them accountable when they are not. 

Your attorney’s role is to protect the integrity of your claim by handling the process with ethics and transparency. With the right legal representation, you can focus on healing while knowing your claim is in safe hands. 

Fielding Law is Here to Protect You 

When you have suffered an injury due to someone else’s negligence, the last thing you should have to worry about is fraud complicating your claim. Unfortunately, dishonest claims can slow down the process and create additional scrutiny for legitimate cases. The best way to protect yourself is to document everything, work with a trusted attorney, and learn how to identify and avoid fraud.

Our team at Fielding Law knows how important it is for injury victims to have a fair and honest claims process. We are dedicated to safeguarding our clients from fraudulent tactics and help them receive the justice they deserve. If you need legal support, call 833.88.SHARK for a free consultation. We want to fight for you.   
 

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

March 21, 2025
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people working at night wearing High-Visibility Gear

Safety Tech Failing High-Visibility Gear

By Bicycle Accident, Car Accident, Pedestrian Accident, Personal Injury

Are You Really Visible?

High-visibility gear is designed to make pedestrians and cyclists more noticeable, especially in low-light conditions. It includes bright-colored clothing, reflective vests, and accessories with fluorescent or reflective materials. Many people rely on high-visibility gear to stay safe when walking or biking near traffic, assuming it helps drivers and vehicle safety systems detect them more easily.

However, recent studies reveal a surprising flaw in modern vehicle safety technology. The Insurance Institute for Highway Safety (IIHS) found that many pedestrian detection systems do not always recognize high-visibility gear like reflective clothing. This means pedestrians and cyclists wearing bright or reflective clothing may still go unnoticed by automated safety systems.

Key Findings

Research shows that vehicle safety features do not always work as expected. Here are some concerning facts:

  • Car sensors may not detect reflective gear. Some automated vehicle systems struggle to see people wearing high-visibility gear, especially in the dark.

  • Nighttime accidents could still happen. Pedestrians rely on bright clothing to stay safe at night, but if vehicle technology does not recognize it, the risk of accidents remains high.

  • Drivers must stay alert. Safety features can help, but they are not perfect. Drivers should never assume technology will detect pedestrians and must stay focused at all times.

How This Affects Injury Claims

If a vehicle with safety technology fails to detect a pedestrian wearing high-visibility gear, who is responsible? Was the driver careless, or did the technology fail? These questions make injury claims complicated and require experienced legal help.

Why Hire Fielding Law?

If you were hurt because a driver or their vehicle’s technology failed to keep you safe, Fielding Law is ready to help. Our team knows how to handle pedestrian accident cases and will fight to get you the compensation you deserve. 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.

March 20, 2025
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Someone's hand signing a liability waiver

Signing a Liability Waiver Does Not End Your Case

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

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

What is a Liability Waiver?

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

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

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

When a Liability Waiver May Not Apply

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

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

What Are Your Legal Options?

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

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

Why Choose Fielding Law?

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

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

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

March 18, 2025
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