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Personal Injury

Statute of Limitations for Personal Injury

¿Conoce el Estatuto de Limitaciones para su Reclamo por Lesiones Personales?

By Español, Personal Injury

Después de una lesión, entender el plazo para tomar acciones legales es crucial. El estatuto de limitaciones varía para diferentes demandas por lesiones personales, y ser consciente de estos plazos es esencial para proteger sus derechos. En Fielding Law, empatizamos con los desafíos que enfrenta, y nuestro equipo dedicado está aquí para guiarlo a través de las complejidades de la ley de lesiones personales. 

¿Qué es un Estatuto de Limitaciones?

En Fielding Law, entendemos la importancia de los estatutos de limitaciones en casos de lesiones personales, que van desde accidentes automovilísticos hasta resbalones y caídas, incidentes de entidades públicas, mordeduras de perro, accidentes peatonales, accidentes de autobús, y accidentes de tren.  

Explorando el Estatuto de Limitaciones:

1.  Accidentes Automovilísticos: 
  • California: 2 años  
  • Arizona: 2 años  
2.  Resbalones y Caídas:  
  • California: 2 años  
  • Arizona: 2 años 
3.  Reclamaciones de Entidades Públicas:  
  • California: 6 meses (Aiso de Reclamo), 2 años (Presentación de Demanda)  
  • Arizona: 180 días (Aviso de Reclamo), 1 año (Presentación de Demanda) 
4.  Mordida de Perro  
  • California: 2 años  
  • Arizona: Un año 

5.  Accidente de Peatón:  

  • California: 2 años  
  • Arizona: 2 años  
6.  Accidente de autobús: 
  • California: 6 meses (Aviso de reclamo), 2 años (Presentación de demanda)  
  •  Arizona: 180 días (Aviso de reclamo), 1 año (Presentación de demanda)   
7.  Accidente de tren:  
  •  California: 6 meses (Aviso de reclamo), 2 años (Presentación de demanda)  
  • Arizona: 180 días (Aviso de reclamo), 1 año (Presentación de demanda) 

¿Por qué deberias contratar a Fielding Law?

Navegar por el panorama legal puede ser desalentador, especialmente cuando se trata de limitaciones de tiempo. En Fielding Law, ofrecemos apoyo compasivo y una gran experiencia legal. Nuestro equipo dedicado se compromete a garantizar que cumpla con los plazos cruciales y reciba la compensación que se merece. No deje pasar el tiempo: contáctenos al 833.88.SHARK para una consulta legal gratuita las 24 horas del día, los 7 días de la semana. Su bienestar es nuestra prioridad y estamos aquí para ayudarlo en cada paso del camino 

Nota: La información proporcionada es para fines educativos y no constituye asesoramiento legal. Siempre consulte con un abogado calificado para inquietudes legales.

April 18, 2024
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catastrophic injury from an allergic reaction

Food Allergy Claims 101

By Catastrophic Injury, Personal Injury

Living with food allergies is no easy ordeal. It requires unwavering trust in restaurant staff to ensure a safe dining experience.  At Fielding Law, we understand the complexities of food allergies. We prioritize comprehensive legal support if you suffer a catastrophic injury from an allergic reaction at no fault of your own. 

Understand the Risk

Food allergies are not a rare occurrence. They affect about 6% of American adults and children (CDC). This means 1 in 20 individuals must be extremely cautious with their meal choices to avoid potentially life-threatening allergic reactions. Shockingly, despite restaurant staff being aware of guests’ food allergies, more than half of all allergic reactions occur within restaurant premises (NIH). Food allergies are serious, leading to anaphylactic shock, a severe reaction with dire consequences.

Types of Claims

The first step to finding justice is determining the appropriate claim for your case: 

Negligence

Negligence may arise in cases involving severe allergic reactions to food if a restaurant or food establishment fails to comply with a guest’s allergy notice.  

In the case of Kanokporn Tangsuan, improper food handling practices and disregard for customer allergies led to her wrongful death. When negligence leads to catastrophic allergic reactions, the responsible parties may be held accountable for failing to uphold the duty of care owed to guests with allergies. 

Tampering

Tampering with food items, whether intentional or accidental, can lead to severe allergic reactions. Such actions pose life-threatening risks for guests. The situation that occurred to Saira Weitz’s son showcases how dangerous cross-contamination can be to a guest with allergies.   

Failure to Warn

Failure to provide adequate warnings about potential allergens in food products can have serious consequences. The wrongful death of Orla Baxendale showcases the danger behind mislabeling. She unwittingly consumed allergens she was unaware of, which ultimately led to a catastrophic allergic reaction.  

How do I Know if I Have a Case?

Individuals affected by any of the above claims may pursue legal action to seek compensation for suffered due to allergic reactions. If you are unsure whether you are eligible for compensation, call 833.88.SHARK for a free legal consultation, which is available 24/7. At Fielding Law, we are here to navigate all the complexities behind a catastrophic injury from an allergic reaction and are equipped to bring you justice.  

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

April 17, 2024
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Legal Advice for Sports Game Injuries

When to Seek Legal Advice After Being Injured at a Game

By Assault, Personal Injury, Slip or Trip and Fall

Experiencing an injury during a game can be overwhelming, leaving you uncertain about your next steps. Whether it’s a minor incident or a significant injury, knowing when to seek legal advice can make a difference in protecting your rights. Here are situations where consulting Fielding Law is essential:

Key Situations Requiring Legal Advice

Serious Injuries

Injuries like broken bones, head trauma, or spinal cord injuries can lead to extensive medical bills and long-term care needs. Seeking legal advice ensures you understand your rights and options for compensation.

Unclear Liability

When it is unclear who is responsible for the injury, legal guidance can help determine liability. This often occurs in cases involving multiple parties or unclear circumstances.

Negligence Claims

If the injury resulted from negligence, whether by another player, the venue, or event organizers, legal advice is crucial to pursue compensation for damages.

Insurance Complications

Dealing with insurance companies can be complex, especially if they deny coverage or offer inadequate compensation. A lawyer can advocate for you and handle negotiations with insurers.

Long-Term Impact

Some injuries may not show their full impact immediately. Consulting a lawyer helps assess potential long-term consequences and ensures you seek fair compensation.

Why Hire Fielding Law?

Fielding Law specializes in personal injury cases, including sports-related injuries. Our caring and capable team understands the challenges you face after an injury. We provide personalized legal advice, handle negotiations with insurance companies, and fight for your rights to fair compensation. Don’t navigate the legal complexities alone—contact Fielding Law at 833.88.SHARK for a free consultation and let us help you through this challenging time.

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

April 16, 2024
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Concert Liability

Concert Liability Explained: Know Your Rights

By Assault, Personal Injury, Slip or Trip and Fall

Concerts are vibrant gatherings where music and excitement collide, creating unforgettable experiences for attendees. However, amidst the euphoria and energy of live performances, accidents can happen unexpectedly, leaving individuals grappling with injuries and questions about legal recourse. Whether it’s a slip and fall, crowd-related incident, or other mishaps, understanding concert liability is crucial to navigating these situations effectively and ensuring that your rights are protected.

Understanding Concert Liability: Your Rights and Responsibilities

Venue Safety Standards

Concert venues are responsible for maintaining a safe environment for attendees. This includes proper security measures, crowd control, and addressing potential hazards like slippery floors or overcrowding.

Organizer Responsibility

Event organizers have a duty to ensure the overall safety of the concert, from stage setups to emergency preparedness. Failure to meet these responsibilities can lead to liability in case of injuries.

Ticket Terms and Conditions

Reviewing ticket terms is essential, as they may outline the assumption of risk and venue liability clauses. Understanding these terms can help determine legal avenues in case of injury.

Steps to Take After an Injury

Seek Medical Help

Prioritize your health by seeking immediate medical attention for any concert-related injuries.

Report the Incident

Inform venue staff or security about the injury and request an incident report to be filed.

Preserve Evidence

Take photos of the accident scene, your injuries, and any contributing factors such as slippery floors or inadequate lighting. Collect witness information if possible.

Review Legal Options

Consult with an attorney, such as Fielding Law, specializing in personal injury cases. We can assess your situation, explain your legal rights, and advocate for fair compensation.

Expert Guidance for Concert Injuries

Fielding Law has a track record of supporting individuals injured at concerts, offering compassionate guidance and legal expertise. Our team works tirelessly to secure the compensation you deserve, covering medical expenses, lost wages, and pain and suffering. Let us be your advocates in seeking justice and moving forward with confidence. Contact us at 833.88.SHARK for a consultation.

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

April 15, 2024
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Do I Need a Lawyer?

By Personal Injury

In life’s unexpected turns, whether you need a lawyer can be daunting. It reflects the uncertainty many face when navigating legal matters. We will delve into scenarios where seeking legal counsel from Fielding Law can be invaluable. This provides you with clarity, support, and peace of mind.

Uncertain Fault and Disputes

If fault in an accident is unclear or disputed, consulting with a lawyer is not just advisable but crucial. Legal experts can protect your rights, gather crucial evidence, negotiate with insurance companies, and represent you effectively in legal proceedings if necessary.

Insurance Challenges and Coverage

Dealing with insurance matters can be complex, especially if you do not have insurance or if the other party does not. A lawyer can explore options, such as uninsured motorist coverage, or help you pursue a claim against the at-fault party, ensuring you receive the compensation you deserve.

Immigration Status and Legal Rights

Regardless of your citizenship or immigration status, you have legal rights after an accident. A lawyer can ensure those rights are upheld and assist you in seeking fair compensation for injuries and damages.

Premises Liability and Injury Claims

If you are injured on someone else’s property, such as falling down stairs at an apartment complex, you may have a premises liability claim. A lawyer can assess the situation, determine liability, and advise you on the legal steps to take. They can also negotiate with the property owner or management on your behalf to seek fair compensation for your injuries.

Coping with Medical Bills

Coping with hospital bills after an accident can be overwhelming. A lawyer can help you explore options for covering medical expenses, negotiating with medical providers, or seeking compensation from the responsible party.

DUI Accidents and Legal Implications

Being hit by a drunk driver can lead to serious legal implications. A lawyer specializing in personal injury cases can guide you through the legal process, advocate for your rights, and pursue compensation for your injuries and losses.

Need a Lawyer? Choose Fielding Law

Fielding Law specializes in personal injury cases and provide compassionate and effective legal representation. Our team understands the challenges you may face and is committed to advocating for your rights. Contact us at 833.88.SHARK to schedule your free consultation and let us help you navigate through these challenging times with confidence.

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

April 12, 2024
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chapman-university-dale-e-fowler-school-law

Ryan Cooper Shares Expertise on Chapman University Dale E. Fowler School of Law

By Firm News and Celebrations, In the Community, Personal Injury

Ryan Cooper, Senior Attorney at Fielding Law, participated in Chapman University’s Admitted Students Preview Day as part of an esteemed alumni panel. This event was attended by over 250 prospective law students and their families. It aimed to provide insights into the Chapman University Dale E. Fowler School of Law experience and guide students in making informed decisions about their legal education journey.

Insights from Accomplished Alumni

The alumni panel, featuring accomplished professionals from various legal sectors, including Ryan Cooper as a distinguished panelist, delved into several crucial aspects:

Choosing Chapman University Dale E. Fowler School of Law

Panelists shared personal stories of why they chose Dale E. Fowler School of Law. They highlighted the institution’s unique offerings, supportive community, and opportunities for growth. 

Experience at Chapman 

Discussions revolved around the diverse experiences at Chapman, from participating in legal competitions and organizations to navigating the balance between academics and extracurricular activities. 

Career Paths 

Each panelist detailed their career paths after Chapman and highlighted the university’s pivotal role. Cooper emphasized the significance of Chapman’s guidance in his journey to becoming a Senior Attorney at Fielding Law. 

The panel sparked lively discussions and offered insights into various legal fields. Cooper, a personal injury lawyer, provided a unique perspective, highlighting Chapman University Dale E. Fowler School of Law’s diverse career preparation. His involvement reflected the school’s dedication to a comprehensive legal education and diverse career opportunities.

Chapman University's Admitted Students Preview Day
Chapman University's Admitted Students Preview Day

Inspiring Future Legal Leaders

Reflecting on the event, Cooper remarked, “It was inspiring to connect with aspiring legal professionals and share how Chapman Law School laid the foundation for my career.”

Ryan Cooper at Chapman University’s Admitted Students Preview Day highlighted Fielding Law‘s commitment to legal education. We pride ourselves on supporting the next generation of legal minds and fostering excellence.

Article Photo Credit: Newsweek.com and Chapman University.

April 11, 2024
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Uncertain Fault Scenarios

Unclear Fault Scenarios: Answered

By Personal Injury

Accidents can happen unexpectedly, leaving you with questions about your rights and legal options. Here are some common scenarios where fault is unclear, and you may wonder if you need a lawyer:

1. Do I need a lawyer if fault is unclear?

It is advisable to consult with a lawyer, especially if fault is unclear or disputed. A lawyer can protect your rights, gather evidence, negotiate with insurance companies, and represent you in legal proceedings if needed.

2. What should I do after a fender bender?

After a fender bender, ensure everyone is safe, exchange insurance information with the other party, document the scene, and notify your insurance company. Consult a lawyer, especially if injuries or disputes arise.

3. What if I do not have insurance?

Lack of insurance can complicate matters, but you still have legal rights. A lawyer can explore options for compensation, such as uninsured motorist coverage or pursuing a claim against the at-fault party.

4. What if the other driver does not have insurance?

If the other driver is uninsured, you may still have options for compensation. A lawyer can help navigate these situations, including exploring uninsured motorist coverage or pursuing legal action against the uninsured driver.

5. What if I’m not a U.S. citizen?

Regardless of your immigration status, you have legal rights after an accident. A lawyer can ensure your rights are protected and help you seek compensation for injuries and damages.

6. What if I fall down the stairs at my apartment complex?

Injuries on someone else’s property may involve premises liability claims. A lawyer can assess the circumstances, determine liability, and pursue compensation from the property owner or management.

7. How do I negotiate with insurance companies?

Insurance negotiations can be complex. A lawyer can handle communications with insurance companies, ensure you are not taken advantage of, and negotiate for fair compensation based on your damages.

8. What if I have bad bruising or other injuries?

Serious injuries like bad bruising may require medical attention and ongoing treatment. A lawyer can help assess the full extent of your injuries, gather medical records, and pursue compensation for medical expenses and other damages.

9. Can I still file a claim if my accident was a year ago?

The statute of limitations varies by state and type of accident. It is best to consult with a lawyer promptly to determine if you can still file a claim and pursue legal action.

10. What if I broke my arm or leg in the accident?

Serious injuries like broken bones can have long-term consequences. A lawyer can help ensure you receive proper medical care, assess the impact of the injury on your life, and pursue compensation for medical expenses, lost wages, and pain and suffering.

 11. What if I can not afford my hospital bills?

If you are struggling with medical bills, a lawyer can explore options for getting bills covered through insurance, negotiating with medical providers, or pursuing compensation from the at-fault party.

12. What if I’m hit by a drunk driver?

Being hit by a drunk driver can have serious legal implications. A lawyer can help you navigate the legal process, pursue justice, and seek compensation for your injuries and damages.

13. What if I do not want to sue the other party?

You have the right to decide whether or not to pursue legal action. However, it is important to consider your long-term needs and the potential financial impact of not seeking compensation. Consulting with a lawyer can help you understand your options and make an informed decision.

14. What if it is my family member that is at fault?

Accidents involving family members can be emotionally challenging. In such cases, insurance coverage and legal options may still apply. A lawyer can provide objective guidance, navigate potential conflicts of interest, and ensure your rights are protected while handling the legal aspects professionally and sensitively.

Why Hire Fielding Law?

Navigating the legal complexities of uncertain fault scenarios requires experience and expertise. Fielding Law specializes in personal injury cases, providing compassionate and effective legal representation. We understand the challenges you face and are committed to advocating for your rights and securing the compensation you deserve. Contact 833.88.SHARK for a free consultation and let us help you through these challenging times.

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

April 11, 2024
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Distracted Phone Use Stats Exposed

By Car Accident, Pedestrian Accident, Personal Injury

In the smartphone era, our digital habits significantly impact personal injury cases. Distracted walking incidents and selfie-related accidents highlight the challenges faced in today’s legal landscape. Let us explore these numbers and their implications for personal injury law.

Distracted Walking Risks

As phone distractions among pedestrians increase, so do the risks they face, contributing to a surge in accidents. Texting or using apps while walking can lead to collisions and falls, underscoring the importance of implementing pedestrian safety measures. A significant 32% of smartphone owners have encountered collisions or near-misses due to phone distractions (Pew Research Center).

Distracted Driving Concerns

Phone distractions are a major cause of car accidents, with studies showing higher crash risks for phone-using drivers. Understanding this trend is crucial for promoting safer driving practices. The CDC notes that simply glancing at or sending a message can divert a driver’s attention for five crucial seconds, equivalent to the length of a football field traveled at 55 mph. This distraction heightens the risk of unforeseen road hazards, such as sudden braking, lane changes, or unexpected obstacles.

Selfie Mishaps

The selfie trend has led to a rise in selfie-related injuries, highlighting the importance of caution in risky settings. In 2017, 98 people lost their lives due to lack of situational awareness while taking selfies (National Library of Medicine).

Social Media Distractions

Social media use contributes to distracted driving accidents, leading to fatalities and injuries daily. This distraction poses significant risks on the road. Nine individuals lose their lives daily due to distracted driving related to social media (CDC).

Legal Implications and Compensation

Phone-related accidents can lead to personal injury claims, with victims seeking compensation for various damages. Proving negligence and the impact of phone use on accidents are key in these cases.

Why Fielding Law Can Help

Fielding Law specializes in personal injury cases, including those involving phone-related accidents. If you or a loved one has been injured due to distracted driving, distracted walking, or any other phone-related incident, contact us today for a free consultation at 833.88.SHARK. We are here to help you navigate the legal process and obtain the fair 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 10, 2024
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Jet Ski or Sea-Doo accident

What to Do After a Jet Ski or Sea-Doo Accident

By Boating Accident, Personal Injury, Personal Watercraft (PWC) Accident

Jet skiing is an exhilarating water sport enjoyed by many, but accidents can happen. It is crucial to understand what your insurance policy covers in case of a personal watercraft (PWC) accident. Here is a breakdown of common coverage options:

Liability Coverage: This typically covers bodily injury and property damage to others if you are at fault in an accident.

Medical Payments Coverage: This can help pay for medical expenses for you and your passengers if injured in a Jet Ski or Sea-Doo accident, regardless of fault.

Uninsured/Underinsured Boater Coverage: Protects you if you are in an accident with an uninsured or underinsured operator.

Physical Damage Coverage: Covers repair or replacement costs for your Jet Ski or Sea-Doo if damaged in an accident.

Personal Property Coverage: May cover personal items lost or damaged during an accident.

After a Jet Ski or Sea-Doo Accident: Steps to Take

Experiencing a Jet Ski or Sea-Doo accident can be distressing, but knowing what to do afterward can help protect your rights and ensure a smoother recovery process. Here are essential steps to take after a Jet Ski or Sea-Doo accident:

  1. Ensure Safety: First and foremost, check yourself and others for injuries. Move to a safe location away from further danger if possible.
  2. Seek Medical Attention: Even if you do not initially feel injured, it is crucial to seek medical evaluation as some injuries may not be immediately apparent. Documenting injuries promptly is vital for insurance claims.
  3. Report the Accident: Report the accident to local authorities or the Coast Guard, especially if there are injuries, property damage, or environmental concerns.
  4. Gather Information: Collect contact information, insurance details, and statements from witnesses. Take photos or videos of the accident scene, including any damages to the Personal Watercraft (PWC) and surrounding areas.
  5. Consult with Legal Counsel: Consult with Fielding Law, we are experienced in Jet Ski or Sea-Doo accident cases.
  6. Preserve Evidence: Keep all documents related to the accident, including medical records, repair estimates, and correspondence with insurance companies or legal representatives.

Navigating Jet Ski or Sea-Doo Accidents with Fielding Law

Dealing with insurance companies after a personal watercraft (PWC) accident can be complex. Fielding Law can help you navigate this process by:

  • Reviewing your insurance policy to determine coverage options.
  • Assisting in filing insurance claims and negotiating settlements.
  • Providing legal representation if your claim is disputed or denied.

Do not navigate insurance claims alone. Contact Fielding Law at 833.88.SHARK for expert guidance and support after a Jet Ski or Sea-Doo accident. Our team is dedicated to helping you understand your rights 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 9, 2024
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Gig Apps Insurance

Driving for Gig Apps? Don’t Forget to Update Your Insurance

By Car Accident, Personal Injury

In the era of gig economy giants like Uber, Uber Eats, DoorDash, Instacart, and others, many individuals have embraced the flexibility and earning potential of part-time driving. Whether you are ferrying passengers, delivering meals, or running errands, it is crucial to recognize the insurance implications that come with these gigs.

Understanding the Insurance Obligations

One of the most critical aspects that drivers for these platforms must understand is the need to inform their insurance providers and make necessary changes to their policies. Failure to do so can lead to significant complications in the event of an accident or incident on the road.

Why Notification is Essential

Simply having auto insurance may not be sufficient when you are using your vehicle for commercial purposes. Insurance companies distinguish between personal and commercial use, and failure to disclose your gig driving activities could result in your policy being voided when you need it the most.

California’s Proposition 213: Implications for Gig Workers

If gig workers fail to notify their insurance company and make the necessary changes to their policy when driving for gig apps, they may find themselves in a precarious situation in the event of an incident. Despite having auto insurance, their coverage may not apply if they have not disclosed their gig driving activities. This oversight can make them subject to Proposition 213 in California, which limits recovery for uninsured drivers involved in accidents, even if they are not at fault.

Gig Apps Insurance Coverage Gaps and Risks

Without the appropriate insurance coverage, drivers may find themselves facing substantial financial liabilities in case of accidents. Personal auto insurance policies typically exclude coverage for commercial activities, leaving drivers exposed to significant risks.

Steps to Take Prior to an Accident

To ensure you have gig apps insurance coverage:

  1. Notify Your Insurance Company: Inform your insurer about your gig driving activities. They can guide you on the necessary changes to your policy.
  2. Update Your Policy: Work with your insurer to update your policy to reflect your commercial driving activities. This may involve adjustments to coverage levels and premiums.
  3. Explore Commercial Insurance: Depending on your gig work frequency and the platform’s requirements, consider purchasing commercial auto insurance for comprehensive coverage.

Driving for gig economy platforms can be rewarding, but it also comes with unique insurance considerations. Make sure you are on the right side of coverage by updating your insurance policy to reflect your gig driving activities. With proper insurance in place, you can drive with confidence and peace of mind, knowing you are protected in case of unforeseen events on the road.

Why Fielding Law Can Help

If you have been in an accident while driving for a gig company, Fielding Law is here to assist you. We specialize in navigating the complexities of insurance matters associated with gig driving, offering expert guidance on insurance requirements, coverage options, and legal implications. Do not take the risk of being underinsured—reach out to Fielding Law at 833.88.SHARK today to ensure you have the protection you need while driving for gig apps.

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

April 4, 2024
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