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Person walking on pavement. Close up on the shoes

15 Most Asked Questions for Slip and Fall Injuries

By Personal Injury, Premises Liability, Public Entity, Slip or Trip and Fall

Slip and fall injuries can happen anywhere, from a grocery store to a friend’s home. If you sustain an injury in a slip and fall accident, you may have many questions about your rights and how to handle the situation. We’ve answered 15 frequently asked questions to guide you through this process.

1. What is a slip and fall injury?

A slip and fall injury happens when someone slips, trips, or falls on someone else’s property due to unsafe conditions. These accidents can lead to serious injuries, including broken bones, sprains, or head trauma.

2. Who is responsible for my slip and fall?

If the property owner, manager, or tenant failed to maintain a safe environment, they may be responsible for your injuries. Liability depends on the specifics of the accident.

3. What should I do after a slip and fall?

Immediately seek medical attention, even if you think your injuries are minor. Report the accident to the property owner or manager. Also, document the scene with pictures and witness contact information.

4. Can I file a lawsuit for a slip and fall?

Yes. If the property owner was negligent in maintaining their property, you may be entitled to compensation for your injuries, medical bills, and lost wages.

5. Do I need a lawyer for a slip and fall case?

While you can file a claim on your own, hiring a personal injury attorney ensures you protect your rights and receive the maximum compensation possible.

6. How long do I have to file a slip and fall claim?

Most states allow two years for filing a slip and fall claim. However, if the accident occurred on property owned by a public entity, you may have a shorter time frame to file your claim. Acting quickly can preserve important evidence and strengthen your case.

7. What evidence do I need for a slip and fall case?

Gather photographs of the accident scene, medical records, witness statements, any accident reports to support your case, and contact Fielding Law at 833.88.SHARK to get you the support you need.

8. Can I still get compensation if I was partially at fault?

Yes, you can still receive compensation if you were partially at fault. However, your compensation may decrease based on your percentage of fault.

9. How are slip and fall cases settled?

Many slip and fall cases settle outside of court through negotiations with the property owner’s insurance company. If the parties cannot reach a settlement, the case may go to trial.

10. What kind of damages can I recover?

You may recover compensation for medical expenses, pain and suffering, lost wages, emotional distress, and permanent disabilities resulting from the accident.

11. What if the property owner denies responsibility?

If the property owner denies responsibility, you may need to prove their negligence using witness testimony, photographs, and expert analysis. An experienced attorney can help gather the necessary evidence.

12. How long will my slip and fall case take?

The duration of your case depends on factors such as the complexity of the situation and whether the case settles. It may take months or even years to resolve.

13. What if my slip and fall injury was caused by a wet floor?

If the floor was wet due to a failure to mark a hazard or clean up a spill, the property owner may be liable for your injuries. Document the wet floor condition immediately after the fall.

14. Can I file a claim if I slipped on ice?

Yes, property owners are responsible for clearing ice and snow from walkways. If they fail to do so, you may have a case.

15. What are common slip and fall injury types?

Common injuries from slip and fall accidents include sprains, fractures, head injuries, back injuries, and shoulder injuries. These injuries often require extensive medical treatment and rehabilitation.

Why Hire Fielding Law?

At Fielding Law, we understand the physical, emotional, and financial toll slip and fall injuries can take. Our experienced team is dedicated to fighting for your rights and helping you recover the compensation you deserve.

We take the time to understand your case and work tirelessly to ensure you receive the support you need throughout the legal process. Fielding Law is committed to securing the best possible outcome for you, so you can focus on your recovery.

If you have sustained a slip and fall injury, call 833.88.SHARK today. Let us help you get back on your feet.

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

April 23, 2025
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Empty courtroom with multiple black chairs and wooden pews

How Can My Case Have Multiple Defendants?

By Car Accident, Personal Injury, Premises Liability, Product Liability

Understanding Multiple Defendants in a Case

When you file a personal injury claim, more than one party may be responsible for your injuries. In these cases, multiple defendants can be named in a lawsuit, each playing a role in the damages you have suffered. Understanding how this works can help you build a strong case and pursue fair compensation.

Situations Where Multiple Defendants May Apply

There are several situations where multiple defendants could be held accountable for your injuries. Identifying all liable parties ensures you receive the compensation you deserve.

Car Accidents Involving Multiple Parties

In a multi-car collision, more than one driver may share responsibility. For example, if one driver runs a red light while another is speeding, both could be liable for your injuries. Establishing fault requires a thorough investigation, including reviewing accident reports and witness statements.

Premises Liability Cases

If you suffer an injury at a business or on private property, multiple parties could be responsible. For example, a property owner and a third-party maintenance company might both contribute to hazardous conditions, such as an unmarked wet floor or faulty handrails.

Product Liability Claims

When defective products cause injuries, multiple defendants may include the manufacturer, distributor, and retailer. Each party involved in the supply chain could have played a role in producing or selling a dangerous product.

Workplace Injuries Involving Third Parties

Work-related injuries are not always the sole responsibility of an employer. If faulty equipment or negligence from a third-party contractor contributed to the injury, both the employer and the third party may be liable.

How Liability is Determined

Liability in cases with multiple defendants depends on comparative negligence or joint and several liability:

  • Comparative Negligence: Each party is assigned a percentage of fault, and damages are awarded based on these percentages.
  • Joint and Several Liability: One defendant may be required to pay the full amount of damages, even if others also share responsibility. The paying defendant can then seek reimbursement from the other liable parties.

Why Hire Fielding Law?

Handling a case with multiple defendants requires a skilled legal team. At Fielding Law, we thoroughly investigate every aspect of your case to hold all responsible parties accountable. Our team is dedicated to securing the compensation you deserve. Call us today at 833.88.SHARK to discuss your case.

If your case involves multiple defendants, knowing how liability is determined can help you understand your legal options. Seeking legal guidance from experienced attorneys can make a significant difference in achieving a successful outcome.

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

April 21, 2025
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two people sitting in a car filling out an insurance claim

Pay for Insurance, Get Penalized for Using It

By Car Accident, Personal Injury

Insurance companies have mastered the art of convincing people they need insurance. Whether it is auto, home, health, or another form, the message is clear: You need this protection. Without it, you are exposed to risk. You are practically forced to get insurance for your car, house, and even your health, often at high monthly premiums.

But here is the kicker: once you actually need to use your insurance, you are told that filing an insurance claim could raise your rates. In essence, they take your money to protect you, but when you need them most, they warn you to back off. It is a frustrating and ridiculous situation that puts consumers in a tough spot.

The Insurance Trap: Protecting Profits, Not People

So, why do insurance companies do this? The answer is simple: profit. Insurance companies profit by collecting premiums and not paying out claims. The longer they can keep your money and avoid paying you, the better it is for their bottom line. This creates a system where people are afraid to file claims. They fear a rate increase, even though they have been paying for years.

This fear is not unwarranted. Insurance companies often raise premiums after you file a claim. Even legitimate claims lead to higher rates. This creates a culture of anxiety around the thing that was supposed to protect us—our insurance. You are penalized for using the service you pay for. This makes the entire process feel like a scam.

The Consequences of Avoiding Filling an Insurance Claim

At Fielding Law, we see clients hesitate to open claims because they fear an increase in premiums. This is where the insurance industry’s double standard shows its ugly side. People pay premiums for years, sometimes decades, only to find out the protection they were promised is not easily accessible.

Avoiding claims can lead to financial and physical consequences. If you do not open a claim after an accident or injury, you risk your health and finances. Medical bills pile up, and without proper compensation, you could end up paying for something that was never your fault.

The Bottom Line: Use Your Insurance, Do Not Let Them Gaslight You

At Fielding Law, we want you to know that you should use your insurance when you need it. You have already paid for that protection, and you deserve to be covered when something goes wrong. Do not let the insurance industry scare you into believing that using your benefits will result in outrageous rate hikes or worse. If your insurance company tries to penalize you for filing a claim, you have rights. We are here to fight for them.

Understanding Your Legal Rights in Insurance Claims

When it comes to insurance claims, both California and Arizona have laws in place to protect consumers from unfair rate hikes after filing a claim.

In California, Prop 103 and Insurance Code § 1861.02 provide important protections. Under Prop 103, insurance companies are prohibited from raising premiums due to the filing of a claim unless the claim is for a specific type of loss or risk. This helps prevent insurance companies from unfairly penalizing you just for using the coverage you’ve paid for.

In Arizona, the law under A.R.S. § 33-931 ensures that an insurance company cannot cancel or non-renew a policy, or increase premiums due to the filing of a claim in certain situations. This law is designed to protect policyholders from being punished for needing the protection they’ve been paying for.

Why Hire Fielding Law?

At Fielding Law, we help individuals who have been injured due to the negligence of others understand their legal rights after an injury. Whether you are dealing with mounting medical bills, missed work, or pressure from an insurance company, our attorneys are here to guide you. Do not hesitate to reach out if you feel you are being unfairly penalized for filing a claim. We will help you navigate the legal process and fight for the compensation you are entitled to.

Contact us at 833.88.SHARK and let us make sure you get the justice and compensation you are entitled to.

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

April 17, 2025
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two cars in the middle of a street race

Injured in a Street Race?

By Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Wrongful Death

Street racing, though illegal, continues to pose significant risks to both participants and innocent bystanders. Injuries to spectators and pedestrians are common, and understanding your rights and potential avenues for compensation is crucial if you are affected by such incidents.

The Prevalence and Dangers of Street Racing

Street racing remains a growing concern due to its frequency and severe consequences. Between 2001 and 2008, street racing-related crashes killed over 1,000 individuals. Allen and Allen

The high speeds involved in these races significantly increase the likelihood of severe injuries or fatalities. This risk extends beyond racers to unsuspecting bystanders. Tario Law

Notable Cases Highlighting Bystander Vulnerability

Several incidents highlight the dangers faced by innocent bystanders:

Van Nuys, California (2024):

An innocent bystander was killed when a street racing crash caused a vehicle to slam into another car. The incident underscored the risks posed to pedestrians and drivers who are not involved in the race.

San Carlos, California (2022):

A high-speed race led to a crash that tragically killed two parents, leaving their twin 7-year-old daughters orphaned.

New Haven, Connecticut (2022):

A fatal street racing incident involving multiple vehicles led to several lawsuits against the city and property owners. These parties failed to implement adequate traffic-calming measures despite knowledge of ongoing illegal racing activities.

Legal Recourse for Injured Bystanders

If a street racing incident injures you as an innocent bystander, you may be entitled to compensation. The following parties could be liable:

Street Racers:

Both participants in the race may bear joint responsibility for the resulting injuries. Their illegal actions directly caused the harm.

Event Organizers:

If individuals or groups organized or promoted the race, they might share liability, especially if they encouraged spectators to gather.

Property Owners:

Property owners where races often occur could face liability if they failed to take reasonable steps to prevent such activities. This is especially true if they allowed or encouraged spectators to be present.

Government Entities:

Municipalities aware of recurring illegal street racing without implementing adequate safety measures may be considered negligent, increasing the risk to bystanders.

Steps to Take Following an Injury

If you find yourself injured as a bystander in a street racing incident, take these steps:

  1. Seek Immediate Medical Attention: Prompt treatment helps document your injuries and is essential for your health.

  2. Report the Incident: Notify law enforcement so they can document the scene and investigate the incident.

  3. Collect Evidence: Gather witness statements, photographs, and any other evidence to support your account of the incident.

  4. Consult Legal Counsel: A personal injury attorney experienced in street racing cases can guide you through the process, help identify responsible parties, and advocate for your compensation.

How Fielding Law Can Help

If a street racing incident has injured you as an innocent bystander, you need an experienced personal injury attorney. Fielding Law specializes in holding reckless individuals and entities accountable for their actions. We understand the complexities of street racing accidents and the various parties that may be liable.

Our team will investigate your case, gather evidence, and work with experts to build a strong case on your behalf. We will fight for your right to compensation for medical bills, lost wages, pain and suffering, and any other expenses caused by the accident.

When you choose Fielding Law, you can rest assured that we are committed to securing the justice and compensation you deserve. Contact Fielding Law at 833.88.SHARK today to discuss your case and begin your recovery process.

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

April 15, 2025
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Santa Monica Pier as dusk

Injured at Santa Monica Pier? What You Need to Know.

By Pedestrian Accident, Personal Injury, Premises Liability, Public Entity

The Santa Monica Pier is an iconic location in California, attracting both locals and tourists. It offers stunning views, fun rides, and a lively atmosphere. However, accidents can happen at any time. Whether you are walking, enjoying the rides, or relaxing at the beach, certain types of injuries are more likely. If you are injured at the Santa Monica Pier, it is important to understand the common injuries that happen, notable cases, and who may be liable.

Types of Injuries That Happen at Santa Monica Pier

  1. Slip and Falls
    Wet surfaces, uneven pavement, and crowded walkways are common hazards. Visitors often trip or slip, leading to injuries such as sprained ankles, broken bones, or even head trauma.

  2. Amusement Ride Accidents
    The Ferris wheel and roller coaster are popular attractions. Faulty equipment or operator negligence can cause serious injuries. These injuries can include whiplash, neck or back injuries, or broken bones.

  3. Drowning or Near-Drowning
    The pier’s proximity to water increases the risk of drowning or near-drowning. Strong waves can lead to serious water-related injuries or fatalities, especially near the beach.

  4. Bicycle and Scooter Accidents
    With many visitors using bicycles or electric scooters, accidents are common. Collisions with pedestrians or other riders can cause injuries such as cuts, bruises, or head trauma.

  5. Electrical Injuries
    Electrical equipment is everywhere on the pier. Faulty wiring or exposed wires can cause electrocution injuries, which can be severe.

  6. Assaults or Fights
    Large crowds sometimes lead to altercations. In these cases, victims may suffer injuries ranging from cuts and bruises to more severe trauma.

Notable Cases at the Santa Monica Pier

The Santa Monica Pier has witnessed several significant injury incidents over the years. For instance, in June 2018, a 62-year-old street performer named David “Davy Rocks” Petersen was dancing near the pier when a rider on a Bird electric scooter collided with him from behind. This accident resulted in a ruptured bicep and a broken arm, both of which required surgery.

Additionally, on January 20, 2022, a collision occurred on the pier ramp between a man in his 20s riding an electric scooter and a man in his 50s. Both individuals sustained moderate injuries and received medical attention.

These incidents highlight the importance of safety measures and the responsibilities of both operators and visitors at the Santa Monica Pier.

Who Is Liable?

Liability in accidents at the Santa Monica Pier depends on the situation. Some parties may be held responsible for injuries, including:

  1. Property Owners
    The city or organizations responsible for maintaining the pier may be liable if poor upkeep caused the injury. For example, broken railings, wet floors, or uneven pavement could lead to accidents.

  2. Amusement Ride Operators
    If the injury occurred on a ride, the company running the amusement park may be responsible. Negligence in maintenance, operator error, or faulty equipment could lead to a lawsuit.

  3. Scooter Rental Companies
    Scooter rental companies may be liable if their vehicles are not properly maintained or if safety guidelines are not followed.

  4. Other Individuals
    In cases of fights or assaults, the individual responsible may be held liable for the injuries they caused.

Why Hire Fielding Law?

If you are injured at the Santa Monica Pier, you may be entitled to compensation. Fielding Law can help you through the legal process and ensure your rights are protected. Whether you need assistance negotiating with insurance companies or require representation in court, Fielding Law is here to guide you. Contact us 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.

April 14, 2025
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road closed sign in an Arizona desert

What Is Arizona’s “Stupid Motorist Law”?

By Personal Injury

Arizona is known for its monsoon season, which brings heavy rains and flash flooding. Many drivers underestimate the power of floodwaters, leading to dangerous—and sometimes fatal—situations. To discourage reckless behavior, Arizona enforces the “Stupid Motorist Law,” which holds drivers financially responsible if they ignore road closure signs and require rescue. While this law is meant to prevent reckless driving, it also presents unique dangers for motorists.

What Is Arizona’s “Stupid Motorist Law”?

Arizona Revised Statute §28-910, commonly known as the “Stupid Motorist Law,” applies to drivers who enter flooded roadways that have been marked with barricades or warning signs. If emergency responders must rescue the driver, they can be held financially responsible for the cost of the rescue.

The law aims to prevent unnecessary risks, protect first responders, and reduce taxpayer costs. However, it also presents unintended dangers for motorists.

What Are the Risks of the “Stupid Motorist Law”?

While the law encourages safer driving, it may also create unique dangers for motorists, including:

  • Hesitation During Emergencies: Some drivers may fear financial consequences and attempt to escape floodwaters on their own instead of calling for help, putting themselves in greater danger.
  • Misleading Road Conditions: Floodwaters can rise quickly, and a previously safe road may become impassable in seconds, trapping unaware drivers.
  • Potential Insurance Issues: Drivers who are deemed liable under this law may have difficulty getting their insurance to cover damages or rescue costs.
  • Legal Confusion: Some drivers may not realize they are violating the law if barricades have been moved or if a roadway appears passable at first glance.

What Happens If You Are Rescued Under the Law?

If you are rescued after driving through a barricaded flooded road, you may face:

  • Financial Penalties: You could be required to reimburse emergency services for the cost of your rescue.
  • Traffic Citations: You may receive a fine or other penalties for reckless driving.
  • Increased Insurance Rates: Your insurance provider may increase your premiums or deny coverage for vehicle damage.

How Can Drivers Avoid Violating the Law?

To stay safe and avoid liability under the “Stupid Motorist Law,” follow these precautions:

  1. Turn Around, Do Not Enter: Never drive through a flooded roadway, even if it looks shallow.
  2. Follow Weather Alerts: Arizona’s monsoon season can change conditions rapidly, so check for warnings before driving.
  3. Obey Road Closure Signs: If a road is barricaded, find an alternate route.
  4. Do Not Assume You Can Make It: Floodwaters can be deceptive—just six inches of moving water can knock an adult off their feet, and 12 inches can carry away a small car.
  5. Seek Higher Ground If Trapped: If floodwaters begin rising around your vehicle, leave the car and move to a higher, safe location if possible.

Why Hire Fielding Law?

Navigating Arizona’s traffic laws, including the “Stupid Motorist Law,” can be complicated—especially if you are facing fines, insurance disputes, or personal injury claims after a flood-related accident. At Fielding Law, we help motorists understand their rights and explore legal options after unexpected roadway incidents.

If you need legal guidance after a flood-related accident, contact Fielding Law 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.

April 10, 2025
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A dalmation dog mouth open to bite a treat

Dog Bite Injuries: Frequently Asked Questions

By Personal Injury

If you have been bitten by a dog, it is essential to act quickly to reduce the risk of infection and ensure your safety.

  1. Clean the wound – Wash the bite with soap and water immediately to reduce the risk of infection.
  2. Apply pressure – If the bite is bleeding, apply clean cloths or gauze to stop the bleeding.
  3. Seek medical attention – Even if the bite seems minor, it is vital to see a healthcare provider to assess the wound and determine if you need stitches, a tetanus shot, or antibiotics.

Can I sue for a dog bite?

Yes, you can sue for a dog bite injury. The owner of the dog may be held responsible for your injuries if they were negligent in controlling their pet. In many cases, dog owners are liable for injuries caused by their dogs, especially if the dog has a history of aggression or if the owner failed to take reasonable precautions.

How much is a dog bite lawsuit worth?

The value of a dog bite lawsuit depends on several factors, including the severity of the injury, medical costs, lost wages, pain and suffering, and any long-term effects such as scarring or psychological trauma. Settlements for dog bite injuries can vary greatly, and a lawyer can help you assess the potential value of your case.

Who is responsible for a dog bite injury?

In most cases, the dog’s owner is responsible for the dog bite. The responsibility may extend to landlords or property owners if the dog was kept on their property and they failed to ensure the dog’s safety. If the bite occurred in a public place, local laws and ordinances may come into play in determining liability.

What are the symptoms of an infected dog bite?

Dog bites can lead to infections if not treated properly. Symptoms of an infected dog bite include:

  • Redness and swelling around the wound
  • Increased pain or tenderness
  • Pus or drainage from the wound
  • Fever
  • Red streaks near the bite area

If you experience any of these symptoms, seek medical attention immediately.

What legal steps should I take after a dog bite?

If you have been bitten by a dog, it is important to take the following legal steps:

  1. Report the incident – Notify local authorities about the dog bite, especially if the dog is unknown or the owner is uncooperative.
  2. Document the injury – Take photos of the wound and keep records of your medical treatment.
  3. Contact a personal injury attorney – A lawyer can help you understand your legal rights, negotiate with insurance companies, and represent you if you decide to pursue a claim.

Do I need a lawyer for a dog bite claim?

While you do not need a lawyer to file a dog bite claim, having legal representation can significantly improve your chances of receiving fair compensation. A lawyer can help you navigate the legal complexities, gather evidence, and advocate on your behalf.

What are the statutes of limitations for dog bite claims?

The statute of limitations for dog bite injuries varies by state. In California, the statute of limitations for personal injury claims, including dog bites, is two years from the date of the injury. In Arizona, the statute of limitations is also two years. It is essential to act quickly to ensure you do not miss the deadline to file your claim.

Can a dog bite cause long-term damage?

Yes, dog bites can cause long-term damage, including:

  • Scarring – Bites to the face, arms, or hands may lead to permanent scarring, which can require surgery.
  • Nerve damage – If the bite affects nerves, it can cause numbness or long-term pain.
  • Psychological trauma – Many people experience emotional trauma from dog bites, leading to conditions like post-traumatic stress disorder (PTSD), anxiety, and fear of dogs.
  • Infections – Serious infections like tetanus or rabies can cause long-term health problems if not treated.

What kind of doctor should I see for a dog bite?

If you have been bitten by a dog, you should see a healthcare provider as soon as possible. For a dog bite injury, a general physician, urgent care doctor, or even a specialist (such as a plastic surgeon for more severe injuries) can assess the damage and recommend treatment. In some cases, a rabies vaccination may be necessary, depending on the dog’s vaccination history.

How do I prove a dog bite case?

To prove a dog bite case, you will need evidence such as:

  • Medical records showing the extent of the injury and treatment
  • Photographs of the injury
  • Eyewitness testimony (if applicable)
  • Documentation of the dog’s history of aggression or dangerous behavior
  • Police reports or animal control records

Your attorney can help you gather and present this evidence to strengthen your case.

Why hire Fielding Law?

At Fielding Law, we are dedicated to helping victims of dog bites receive the compensation they deserve. Our experienced team is committed to providing compassionate, effective legal representation. If you have been bitten by a dog, we can help you navigate the legal process, ensure your rights are protected, and fight for the compensation you need for medical bills, lost wages, and pain and suffering.

For expert assistance with your dog bite claim, contact Fielding Law at 833.88.SHARK.

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

April 7, 2025
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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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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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