Personal Injury

Understanding Settlement Calculators

Settlement calculators are online tools that claim to estimate the value of your personal injury claim. They usually ask for basic information about your accident, injuries, and expenses, and then generate a settlement amount. While these tools might seem convenient, they are often misleading and can do more harm than good.

Why Settlement Calculators Are Inaccurate

Oversimplification of Complex Cases
Personal injury cases are inherently complex. They involve numerous factors such as medical bills, lost wages, pain and suffering, and future medical costs. Settlement calculators cannot accurately account for all these variables, leading to oversimplified and inaccurate results.

Lack of Personalization
Every personal injury case is unique. Factors such as the severity of injuries, the impact on your daily life, and the specifics of the accident vary greatly. Settlement calculators use generic formulas that do not consider the individual nuances of your situation.

Ignoring Legal Nuances
The legal process for personal injury claims involves many nuances, including state laws, insurance policies, and precedents from previous cases. Settlement calculators are not equipped to handle these complexities, resulting in estimates that can be far from reality.

The Risks of Relying on Settlement Calculators

False Expectations
Relying on a settlement calculator can give you unrealistic expectations about the value of your claim. This can lead to disappointment and frustration when the actual settlement amount is different from the calculator’s estimate.

Inadequate Compensation
Settlement calculators often underestimate the true value of a claim. Accepting a settlement based on an inaccurate estimate could result in inadequate compensation, leaving you without the necessary funds to cover all your expenses and future needs.

Discouragement from Seeking Professional Help
Believing in the accuracy of a settlement calculator might discourage you from seeking professional legal advice. Personal injury attorneys have the expertise to evaluate your case thoroughly and fight for the compensation you deserve.

Why Hire Fielding Law Instead

At Fielding Law, we understand the intricacies of personal injury cases and the importance of personalized attention. Our experienced attorneys will:

• Thoroughly evaluate your case: We consider all aspects of your injury, including medical expenses, lost wages, pain and suffering, and future costs.
• Negotiate with insurance companies: We have the skills and experience to negotiate effectively with insurance companies to secure the best possible settlement.
• Provide personalized support: We are committed to guiding you through the legal process with care and empathy, ensuring you understand your rights and options.

The Best Path Forward

While settlement calculators might seem like a quick and easy solution, they are often inaccurate and unreliable. Trusting a qualified personal injury attorney is the best way to ensure you receive the full compensation you deserve. Contact Fielding Law at 833.88.SHARK to schedule a free consultation and get the personalized legal support you need.

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

Dealing with a personal injury claim can be complicated, especially if you have pre-existing conditions. These conditions can create additional hurdles in proving your case and securing fair compensation. However, understanding how they impact your claim and having the right legal support can make a significant difference.

What Are Pre-Existing Conditions?

Pre-existing conditions are health issues or injuries you had before the incident that led to your current injury claim. These can include chronic illnesses, previous injuries, or long-term medical conditions.

How Do Pre-Existing Conditions Affect Your Claim?

Insurance companies and opposing parties may argue that your current injuries are not new but are related to your pre-existing conditions. Here’s how pre-existing conditions can impact your claim:

Questioning Causation
Insurers may claim your injury is due to your pre-existing condition rather than the accident. They might argue that the accident did not cause new harm but merely aggravated an old issue.

Reduced Compensation
If an insurer acknowledges your injury but believes your pre-existing condition is primarily responsible, they may offer reduced compensation. They might try to minimize the settlement amount by attributing a significant part of your medical expenses and pain to your prior condition.

Need for Extensive Medical Evidence
Proving that an accident worsened a pre-existing condition requires thorough medical documentation. You will need detailed medical records showing your condition before and after the incident.

Strategies to Handle Pre-Existing Conditions in Your Claim

Full Disclosure
Be honest about your pre-existing conditions. Hiding them can harm your credibility and weaken your claim.

Gather Comprehensive Medical Records
Collect all medical records related to your pre-existing condition. These documents can show how the accident worsened your condition.

Obtain Expert Medical Testimony
A medical expert can provide a professional opinion on how the accident affected your pre-existing condition. Their testimony can help establish the link between the incident and the worsening of your condition.

Why Hire Fielding Law

Navigating a personal injury claim with pre-existing conditions can be complex. At Fielding Law, we are here to help. Our experienced attorneys will:

• Investigate Thoroughly: We will gather all necessary evidence to support your claim.
• Handle All Communications: We will manage negotiations with insurance companies and opposing parties.
• Maximize Your Compensation: We will fight to ensure you receive the full compensation you deserve, considering both your new injuries and the aggravation of pre-existing conditions.

Contact us at 833.88.SHARK for a free consultation. Let us handle the legal complexities while you focus on your recovery.

Understanding the Eggshell Plaintiff Doctrine

The “Eggshell Plaintiff” doctrine is a legal principle that can work in your favor. It states that a defendant must take a plaintiff as they find them. If you have a pre-existing condition that makes you more susceptible to injury, the defendant is still fully liable for all damages resulting from the accident, even if the injuries are more severe than what a healthier person would have suffered.

Steps to Strengthen Your Claim

1. Document Everything

Keep detailed records of your medical treatments, symptoms, and any changes in your condition. Photos, journal entries, and receipts can support your case.

2. Follow Medical Advice

Adhere strictly to your treatment plan. Non-compliance can be used against you to suggest that your injuries are not as severe as claimed.

3. Communicate Clearly with Your Attorney

Ensure your attorney is fully informed about your pre-existing conditions and how the accident has affected them. Transparency helps build a strong case.

Advocates for Your Rights

Pre-existing conditions can complicate personal injury claims, but understanding how they affect your case and taking proactive steps can help you secure fair compensation. Fielding Law is dedicated to helping clients navigate these challenges.

Call 833.88.SHARK today for a free consultation. Let us fight for your rights and the compensation you deserve 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.

Navigating a personal injury claim can be challenging. To help, here are answers to Google’s most frequently asked questions about personal injuries.

What is a Personal Injury Claim?

A personal injury claim is a legal process to seek compensation for injuries caused by someone else’s negligence. This compensation can cover medical bills, lost wages, pain and suffering, and other related expenses.

How Do I Know if I Have a Personal Injury Case?

If you were injured due to someone else’s negligence, you might have a case. Factors include the severity of your injury, medical costs, and evidence of the other party’s fault. Consulting with a lawyer can help clarify your situation.

What Should I Do Immediately After an Injury?

1. Seek Medical Attention: Your health is the priority. Get medical help right away.
2. Document Everything: Take photos of the scene, your injuries, and gather witness information.
3. Report the Incident: Notify relevant authorities or property owners.
4. Contact a Lawyer: Legal guidance can protect your rights and help you navigate the process.

How Long Do I Have to File a Personal Injury Claim?

The time limit to file a claim, known as the statute of limitations, varies by state. In many states, it is typically two to three years from the date of the injury. Missing this deadline can forfeit your right to compensation.

What Compensation Can I Receive?

Compensation, or damages, can include:

• Medical Expenses: Current and future medical bills.
• Lost Wages: Income lost due to the injury.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: Costs to repair or replace damaged property.

How is Fault Determined in a Personal Injury Case?

Fault is determined by examining evidence such as:

• Accident Reports: Official documents detailing the incident.
• Witness Testimonies: Statements from people who saw the accident.
• Medical Records: Documentation of your injuries.
• Expert Testimonies: Professionals who can provide insight into the cause and effects of the incident.

Do I Need a Lawyer for a Personal Injury Claim?

While not required, a lawyer can significantly improve your chances of a successful claim. They understand the legal process, can gather evidence, negotiate with insurance companies, and advocate for your best interests.

How Long Does a Personal Injury Case Take?

The duration of a personal injury case can vary. Factors include the complexity of the case, the extent of the injuries, and the willingness of parties to settle. Cases can take a few months to several years.

What If the Insurance Company Offers a Settlement?

Before accepting any settlement, consult with a lawyer. Initial offers may be lower than what you deserve. A lawyer can help evaluate the offer and negotiate for fair compensation.

Can I Afford a Personal Injury Lawyer?

Most personal injury lawyers, including Fielding Law, work on a contingency fee basis. This means you only pay if you win your case. This arrangement ensures legal representation is accessible to everyone.

Advocates for Your Rights

Understanding personal injury claims can be complex, but having the right information is essential. If you have more questions or need legal assistance, Fielding Law is here to help. Our experienced attorneys are ready to support you through every step of your personal injury case.

Call 833.88.SHARK today for a free consultation. Let us fight for the compensation you deserve 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.

Running a marathon can be a very exciting accomplishment. Although the journey can be tainted with an unexpected injury. Fielding Law is committed to helping runners navigate the complexities of a race injury, ensuring you receive the support and compensation you need to recover. 

When Would the Race Organizer be Held Liable? 

Race organizers have a duty to make sure your experience is as safe as it is exciting. They can be held liable if negligence or unsafe conditions contributed to your injury. This can include: 

• Poor route planning 
• Inadequate medical support 
• Lack of safety measures
• Failure to address known hazards

If the organizers did not take reasonable steps to protect you, you deserve justice and compensation.  

What if I Signed a Waiver?  

Signing a waiver does not necessarily mean you have no legal recourse. While waivers can limit liability, they do not absolve organizers from negligence or willful misconduct. Consulting with Fielding Law can help guide you through the complexities of waivers. 

What to Do if You Are Injured?

If you are injured during a marathon due to negligence:  

Seek Medical Attention Immediately

Your well-being is the main priority. Let a paramedic on sight check your injuries or visit a first aid tent as soon as possible. 

Document Your Injuries  

Pictures are worth a thousand words. Take pictures of what your injuries look like at the time of the incident and as it progresses. 

Gather Details 

Take photos of the scene, if possible, especially of what caused the injury. Be sure to grab any evidence that can prove fault or negligence. 

Gather Contact Information  

Grab phone numbers and other important details of any witnesses at the scene.  

Reporting the Injury 

Let marathon officials know what happened, file a formal incident report, and collect a copy of the report for your record. Having proper documentation will help your attorney build a strong case. 

Contact Fielding Law  

Having a trusted attorney by your side can help you start your path to justice and compensation. Call us anytime, 24/7, with your questions at 833.88.SHARK

How Fielding Law Can Help? 

At Fielding Law, we understand the physical, emotional, and financial toll that a marathon injury can take. Our experienced team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Let us handle the legal complexities so you can focus on your recovery after a marathon injury. Call us at 833.88.SHARK for a free legal consultation. 

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

We often overlook the potential hazards of everyday items. While they may seem harmless, certain objects can cause accidents or make injuries worse. Here are a few unexpected culprits and how to stay safe.

Hair Accessories

Hair accessories such as claw clips, barrettes, chopsticks, and other larger hard accessories are popular due to their convenience and style. However, they can pose a risk, particularly during a car accident. For instance, a claw clip can potentially cut into your scalp or neck, leading to neck and back injuries, or even more severe injuries. To prevent this from happening:

• Wait to Style: It is best to wait and put in your hair accessories after you arrive at your final destination.
• Use Soft Alternatives: Consider using softer hair ties or clips that are less likely to cause injury if you need to rest your head against something or if you’re involved in an accident.

Sunglasses in Low Light Conditions

Sunglasses protect our eyes from the sun, but wearing them in low light conditions can impair your vision, increasing the risk of accidents. This is especially true when driving at dusk, during cloudy weather, or indoors. To prevent this:

• Remove Sunglasses: When it is not sunny, take off your sunglasses to ensure you have the best possible vision.
• Use Transition Lenses: Consider using lenses that adjust to different lighting conditions. These can provide clear vision in varying environments without needing to change your eyewear.

Flip Flops or Slippers

Flip flops and slippers are comfortable but can be dangerous in a car due to their lack of support and grip. They can easily slip off or cause your foot to slip off the pedals or get caught on/under the pedals while driving, leading to accidents. To minimize the risk:

• Choose Supportive Footwear: Opt for shoes with proper support and grip, especially if you plan to drive long distances or engage in physical activity.
• Be Cautious: If you must wear flip flops or slippers while driving, be extra cautious with your foot placement and ensure they do not interfere with pedal operation.

Loose Jewelry

Loose jewelry, such as bracelets, necklaces, and rings, can easily catch on objects and cause injuries. This is especially risky in busy environments or when performing physical tasks. To avoid accidents:

• Avoid Loose Jewelry: Choose fitted accessories that are less likely to catch on things. Avoid wearing long necklaces or dangling bracelets when engaging in physical activities.
• Be Mindful of Movement: Remove jewelry when working with machinery, participating in sports, or engaging in activities where they might get caught.

Cords and Chargers

Cords and chargers are common items in cars that can create distractions and even pose tripping hazards if not properly managed. To stay safe:

• Organize Cords: Keep cords neatly organized and out of reach to prevent distractions while driving.
• Secure Cords: Use cord organizers or ties to bundle them together and keep them off the floor to avoid tripping hazards.

Advocates for Your Rights

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