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Product Liability

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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Lithium Icon batteries in a line with a blue background

Lithium-Ion Battery Risks: Deadly Explosions on the Rise

By Personal Injury, Product Liability

A tragic incident in Sydney, Australia, where a 21-year-old delivery rider lost his life due to an e-bike battery explosion, has reignited global concerns over the dangers of lithium-ion batteries. These batteries power many everyday devices, including smartphones, laptops, power tools, toys, electric vehicles, e-bikes, and scooters. While they offer convenience and efficiency, improper use or low-quality manufacturing can lead to catastrophic fires. The risk is not just overseas—these battery-related fires are surging across the United States, leading to severe injuries, deaths, and significant property damage.

The Rising Danger in the U.S.

Lithium-ion batteries power many everyday devices, from e-bikes and scooters to smartphones and laptops. However, when manufactured improperly or used incorrectly, they pose serious fire hazards. In 2023, New York City alone saw 267 fires linked to lithium-ion batteries, resulting in 150 injuries and 18 deaths (FDNY). San Francisco reported 58 fires in 2022 and 41 more in 2023, while San Diego recorded at least 32 fires since March 2024.

What Causes Lithium-Ion Battery Explosions?

Several factors contribute to these catastrophic incidents:

  • Overcharging or Using Incorrect Chargers: Using a charger that is not manufacturer-approved can lead to overheating and lithium-ion battery explosions.
  • Substandard or Counterfeit Batteries: Many fires involve low-quality or uncertified batteries.
  • Physical Damage to the Battery: Drops, punctures, or exposure to water can trigger dangerous chemical reactions.
  • Charging Overnight or in Confined Spaces: Fires often start when batteries overheat in enclosed areas with no ventilation.

Safety Tips to Prevent Battery Fires

To protect yourself and your loved ones, follow these essential safety precautions:

  • Purchase Certified Batteries and Devices: Only buy e-bikes, scooters, and batteries from reputable manufacturers.
  • Use the Manufacturer’s Charger: Avoid using third-party chargers that may not regulate power properly.
  • Never Charge Overnight or Unattended: Monitor your devices while they charge and unplug them when full.
  • Store Batteries in a Cool, Dry Place: Avoid extreme temperatures and keep them away from flammable materials.
  • Inspect Batteries for Damage: If a battery appears swollen, leaking, or has a strange odor, stop using it immediately.

What Are Your Legal Rights if Injured?

If a lithium-ion battery explosion causes injuries or property damage, victims may be entitled to compensation. Fielding Law can help investigate the cause, determine liability, and pursue legal action against negligent manufacturers or retailers. Product liability cases can hold companies accountable for selling defective batteries and prevent future tragedies.

Why Hire Fielding Law?

At Fielding Law, we are committed to fighting for those injured due to negligence. Our legal team provides compassionate and experienced representation to ensure victims receive the justice and compensation they deserve.

If you or a loved one has suffered from a lithium-ion battery fire, do not wait. Contact Fielding Law 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 14, 2025
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young boy jumping on a trampoline with trees in the background

One Wrong Jump on a Trampoline

By Personal Injury, Premises Liability, Product Liability

One of the first motor skills children develop is bouncing up and down. The natural progression of bouncing on trampolines can be traced back to jumping in a crib. This is a great explanation for why trampolines are so popular in backyards and larger trampoline parks. However, all that fun movement comes with risks. Many accidents occur due to improper maintenance, overcrowding, and one wrong jump. It is important to understand the dangers and how to prevent injuries.      

Understanding The Numbers   

Every jump carries some level of risk. While trampolines provide entertainment, they also pose dangers that should not be ignored. Each year, thousands of people seek medical attention for injuries while jumping. Children are the most affected. The American Academy of Pediatrics keeps a record of specific numbers of trampoline-related accidents and injuries.  

  • Over 8 million “jumper hours” resulted in more than 13,000 reported injuries. 
  • More than 11% of reported cases were classified as significant, meaning they required extended medical care. 

These numbers highlight the real risks involved, especially when proper safety measures are not followed. Although trampolines are designed for fun, the statistics reveal a different reality. No parent wants to see their child hurt and face the challenges alone after one wrong jump.  

Understanding The Reasons   

The key to preventing trampoline injuries is to identify the sources. Here are the most common situations that can lead to severe injuries.  
 
When multiple people jump at once, the uneven bounce can throw someone off balance, leading to dangerous falls. 
 
Once someone lands on the mat incorrectly, joints and bones can be put at risk, leading to painful sprains or fractures. 
 
Although doing flips and somersaults might seem fun, these skills require proper technique. Attempting them without training can result in head or spinal injuries.  
 
Recognizing these dangers helps families take precautions and enjoy their time on the trampolines with ease. Every second counts, and taking the right measures can prevent stress, hardship, and the unimaginable.

Understanding the Role of Liability Waivers  

It might come as an instinct to sign a liability waiver at the trampoline park without looking. After all, thinking about potential injuries is not going to be the first thing on a parent’s mind. However, there needs to be a change in mindset because waivers are not always as clear-cut as they seem.    
 
In many cases, waivers may not hold up if negligence or poor safety practices played a role in the injury. The truth is, there are situations where a waiver cannot protect a business from liability, especially if it fails to follow proper safety measures. If you or your child were injured at a trampoline park, consult with an attorney to understand your rights.  

Understanding How to Prevent Trampoline Risks  

Taking the right precautions can help reduce the risk of trampoline injuries. Before allowing anyone to jump, make sure that these measures are in place.

  1. Ensure that bars, springs, and the surrounding landing area have proper padding and secure coverings. 
  2. Check that all protective padding is intact and securely in place. If padding appears thin or damaged, avoid using the trampoline until it is replaced.
  3. Children should never jump without adult supervision. Watch for unsafe behavior, such as rough play.
  4. When multiple people jump together, weight differences can create unexpected force, sending smaller jumpers flying. Enforcing a one-at-a-time rule helps maintain control and prevent injuries.
  5. Dangerous stunts, such as flips and somersaults, should be avoided. While these moves may seem fun, they have a high risk of head, neck, and spinal injuries. 

Fielding Law Will Help You Land on Your Feet   

One wrong jump should not change your life forever. If an injury has turned excitement into hardship, you deserve answers and support. Whether it happens in a backyard or a trampoline park, our team at Fielding Law is ready to stand by your side. Do not let an accident keep you down. Call 833.88.SHARK and we will help you bounce back with confidence.   

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

February 26, 2025
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child sitting in a living room with toys all around and a sofa behind them

Who is Responsible for Defective Products?

By Product Liability

Consumers trust that the products they purchase are safe to use. Unfortunately, some items contain dangerous defects that can lead to severe injuries. When this happens, determining liability is important. Who is responsible for defective products? The answer depends on the type of defect and the parties involved. Was it the manufacturer, the distributor, or the retailer? It is important to hold the correct party accountable with knowledge and thorough investigation.  

Types of Product Defects 

Product defects fall into design, manufacturing, or marketing. Understanding the difference can help determine who is responsible if you or a loved one gets hurt.

A design defect can be unsafe from the start because of a flawed design. For example, vehicles prone to rollovers, unstable furniture, and faulty medical devices.

Manufacturing defects occur when mistakes are made during production. Even a product with a safe design can be dangerous if errors occur in assembly or materials. Poor quality control can put you at serious risk. 

When a marketing defect occurs, it typically indicates that companies failed to provide proper warnings or instructions. Medications without side effect warnings or toys missing age recommendations are common examples.  

Here is a list of some common defective products in everyday items:
  • Auto Parts
  • Electronics
  • Household Appliances 
  • Medical Devices
  • Children’s Toys
  • Food Products

Who Can Be Held Liable? 

A defective product injury may involve several responsible parties. Manufacturers should be ensuring products are safe. When a design or production flaw causes harm, they can be held liable. Distributors and retailers can also play a significant role. They should keep the products safe and remove hazardous items from shelves. Identifying all parties involved helps build a stronger case, ensuring you can receive the justice you deserve.  

What To Do After 

  1. Seek Medical Attention: Your health should be your top priority. Even minor injuries should be evaluated by a healthcare professional. Be sure to track your medical treatments, bills, and expenses. 
  2. Preserve the Product: Keep the defective product, including packaging and receipts. These may serve as important evidence for your case. 
  3. Document the Incident: Record all details about the incident, from where the product was purchased to when the first injuries started.  
  4. Report The Defective Product: Notify the responsible parties about the defect. Whether it was the manufacturer, retailer, or distributor, this creates a record of your complaint and alerts them.  
  5. Contact Fielding Law: A defective product attorney can help guide you toward recovery. Call Fielding Law at 833.88.SHARK. 

Seek Justice with Fielding Law 

Defective product injuries can lead to lasting consequences, however, you do not have to face the aftermath alone. Who is responsible for defective products? Whether the issue stems from a design flaw, manufacturing error, or lack of proper warning, holding the responsible parties accountable can serve you a piece of justice.

Our team at Fielding Law is committed to helping and supporting victims through all types of personal injury cases. Reach out to us at 833.88.SHARK for a free, no-obligation consultation. Let us help you take the first steps toward securing your rights.

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

February 18, 2025
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Personal Injury guide

Guide to Personal Injury 101

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

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

Personal Injury Guide

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

The Legal Process for Personal Injury    

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

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

How to Determine if You Have a Valid Personal Injury Claim 

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

Moving Forward with Fielding Law 

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

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

February 11, 2025
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Plane in the sky looking up at it

Plane Crash Liability: Who Is Responsible?

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

When a plane crashes into a building, the devastation is overwhelming. Victims and their families are left grappling with loss, medical bills, and countless questions. Determining who is responsible for plane crash liability can be complex, but doing so is essential to securing compensation and justice.

Who Can Be Held Liable?

Liability in a plane crash depends on the circumstances. Several parties could be responsible:

  • The Pilot: Pilot error is a leading cause of aviation accidents. If the pilot’s negligence, such as inexperience or impaired judgment, caused the crash, they may be held liable.
  • The Airline: If the pilot was employed by an airline, the company could be held responsible for improper training, inadequate maintenance, or scheduling errors that led to fatigue.
  • Aircraft Manufacturer: A design flaw or manufacturing defect in the plane could make the manufacturer liable, contributing to the plane crash liability.
  • Building Owner: In rare cases, liability could extend to the building owner if structural issues exacerbated the damage or contributed to injuries.
  • Air Traffic Controllers: Mistakes by air traffic control, such as miscommunication or improper instructions, could be a contributing factor to plane crash liability.

Who Can File a Claim?

Several parties may be eligible to file a claim after a plane crash:

  • Injured Individuals: Survivors of the crash who sustained injuries can seek compensation for medical bills, lost wages, and pain and suffering.
  • Family Members of Victims: Families of those who lost their lives may file wrongful death claims to cover funeral costs, loss of income, and emotional distress.
  • Property Owners: If the crash caused damage to a building or property, the owner may seek compensation for repairs and associated losses.
  • Business Owners: Businesses affected by the crash, such as through property damage or lost income, may also have a claim.

Steps to File a Claim

If you or a loved one were affected by a plane crash, acting quickly is critical. Here are the steps:

  1. Document Evidence: Collect photos, videos, and any official reports related to the crash.
  2. Seek Medical Attention: Ensure all injuries are properly documented and treated.
  3. File a Claim: Depending on the liable party, this could involve insurance claims, lawsuits, or both.
  4. Consult an Attorney: Aviation laws and plane crash liability are complex, and navigating them without legal help can jeopardize your claim.

Why Hire an Attorney Immediately

Hiring an experienced attorney, like those at Fielding Law, is vital for protecting your rights. Aviation accident cases and plane crash liability require:

  • In-depth Investigation: An attorney will gather and analyze evidence to determine liability.
  • Negotiation Expertise: Insurance companies often undervalue claims. A skilled lawyer will fight for fair compensation.
  • Compliance with Deadlines: Aviation cases involve strict legal deadlines. Missing one could forfeit your claim.

Why Choose Fielding Law?

At Fielding Law, we are committed to helping victims of negligence. Our team is caring, kind, and empathetic while maintaining the capability to fight for your rights. We understand the challenges you face and will work tirelessly to achieve justice.

Call 833.88.SHARK today for a free consultation and let us help you navigate this difficult time.

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

February 10, 2025
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Hands holding a phone to take a photo or video

Photo and Video Evidence Builds Stronger Cases

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

Why Visual Evidence Matters

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

Examples of Photo and Video Evidence in Action

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

The Best Types of Evidence to Capture

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

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

Tips for Capturing Evidence

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

How Visual Evidence Strengthens Your Case

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

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

Why Hire Fielding Law

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

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

February 7, 2025
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frayed electric wires

Electric Shock Injuries Explained

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

Electric shock and electrocution injuries can have life-altering effects. These injuries often result from workplace accidents, defective products, or unsafe property conditions. Understanding how these incidents relate to personal injury claims is crucial for pursuing compensation.

Common Causes of Electric Shock Injuries

Electric shock injuries occur in various scenarios, including:

  • Workplace Accidents: Faulty equipment, exposed wiring, or lack of proper safety measures.
  • Unsafe Premises: Poorly maintained properties with exposed electrical systems.
  • Defective Products: Electrical devices or appliances with manufacturing flaws.
  • Utility Company Negligence: Unmaintained power lines or unsafe utility installations.

Each situation may involve different liable parties, such as employers, property owners, or manufacturers.

Types of Injuries from Electric Shocks

Electric shocks can cause severe injuries, such as:

  1. Burns ranging from minor to severe.
  2. Cardiac arrest or heart damage.
  3. Nerve damage and chronic pain.
  4. Brain injuries or neurological issues.
  5. Psychological trauma, including anxiety or PTSD.

The effects often require long-term medical treatment, leading to costly bills and lost income.

How Negligence Affects Your Claim

To pursue compensation for electric shock injuries, you must prove negligence, which occurs when a party fails to uphold their duty of care. For example, an employer might neglect workplace safety protocols, a property owner could fail to repair exposed electrical systems, or a manufacturer might release a product with electrical defects. Establishing negligence requires gathering strong evidence, such as incident reports, medical records, and expert testimony, to support your claim.

Challenges from Insurance Companies

Insurance companies often try to minimize claims to protect their bottom line. They may argue that:

  • The victim was partially responsible for the injury.
  • The injuries are not as severe as claimed.
  • The evidence does not sufficiently prove negligence.

Having a skilled attorney ensures these tactics are countered effectively.

Why Choose Fielding Law?

At Fielding Law, we prioritize our clients’ well-being by offering ethical and effective legal representation. Our knowledgeable team understands the challenges electric shock injury victims face. We carefully investigate your case, identify the liable parties, and fight for the compensation you deserve. Call 833.88.SHARK today 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.

February 5, 2025
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scale on a table in a dark room with a small window

Understanding Negligence in Injury Claims

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

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

What Is Negligence?

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

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

How Insurance Companies Minimize Negligence

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

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

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

How Defendants Avoid Responsibility

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

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

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

How Evidence Strengthens Your Claim

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

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

Why Choose Fielding Law?

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

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

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

What is the Catch? Why Free Consultation?

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

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

Why Do Law Firms Offer Free Consultations?

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

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

What Happens During a Free Consultation?

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

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

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

Why Hire Fielding Law?

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

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

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

January 22, 2025
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