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smart device evidence

How Wearable Tech Boosts Your Personal Injury Claim

By Bicycle Accident, Car Accident, Catastrophic Injury, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Public Entity, Slip or Trip and Fall, Truck Accident

Smart, wearable devices are more than just trendy gadgets; they can play a crucial role in supporting your personal injury claim by automatically storing vital information. This includes smart device evidence, tracking details such as location, sleep patterns, physical activities, and more. The collected data serves as tangible evidence, reinforcing essential facts pertinent to your injury claim.

Information Crucial to Personal Injury Accident Claims

In the aftermath of a personal injury accident, a wearable, smart device can be a valuable asset. The information it captures varies based on the case’s circumstances and disputes. For instance, it can corroborate your presence at the accident scene, offering insights into your vehicle’s speed during the incident. Additionally, these devices monitor sleep patterns, physical activity, and heart rate, providing valuable health-related data. This information proves instrumental in illustrating the impact of the accident on your life, from altered sleep patterns due to mental distress to changes in physical activity levels.

Leveraging Smart Device Evidence

Wearable devices go beyond human observation, presenting a data-driven narrative that can significantly benefit your case. From establishing fault to detailing the severity of damages, these devices offer a unique perspective that can refute opposing claims and substantiate your version of events.

Navigating Admissibility Challenges for Electronically Stored Information

While the electronic data from your smart, wearable device can be invaluable, navigating its admissibility at trial poses challenges. Courts adhere to rules governing evidence presentation, and opinions on admitting electronically stored information vary. Some argue for its inherent reliability, allowing admission based on owner testimony, while others may require expert witnesses or certifications. Addressing admissibility hurdles preemptively is crucial, necessitating motions for clarification and strategic planning with your attorney.

Potential Queries and Obstacles in Smart Device Evidence

Despite the benefits, challenges persist in using data from smart devices as evidence. Establishing ownership and credibility becomes paramount, considering potential data manipulation. Variances among device types, such as GPS accuracy, signal interference, and sensor errors, further complicate matters. Fielding Law, with its expertise, can guide you through these intricacies, ensuring effective utilization of electronically stored information in your case.

Trust Fielding Law to Navigate the Legal Obstacles

In the realm of personal injury law, Fielding Law understands the importance of embracing technological advancements to strengthen your claims. Utilize the power of wearable tech with Fielding Law, where compassion meets cutting-edge legal strategies. Contact us at 833.88.SHARK for personalized support and innovative legal representation.

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

March 20, 2024
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Vacation Injury in california

Injured While on Vacation in California

By Bicycle Accident, Boating Accident, Car Accident, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Public Entity, Slip or Trip and Fall

Vacations are meant to be a time of relaxation and enjoyment, but accidents can happen, leading to unexpected injuries and challenges. If you have been injured in California while on vacation but live elsewhere, it is essential to know what steps to take and the importance of working with local attorneys licensed in California. In this blog post, we will discuss the crucial steps to take after a vacation accident in California and why having a local attorney on your side is essential.

Steps After a Vacation Injury

Seek Immediate Medical Attention
The first step after any accident, including one on vacation in California, is to seek immediate medical attention. Your health and well-being are top priorities, so do not delay seeking treatment. Visit the nearest medical facility or hospital in California to receive a thorough evaluation and necessary care for your injuries.

Document the Incident
As soon as possible, document the details of the accident in California. Take photos of the scene, your injuries, and any contributing factors such as hazardous conditions. Collect contact information from witnesses who saw the incident occur. This documentation will be valuable for your legal case.

Report the Incident
If the accident occurred on someone else’s property in California, such as a hotel or resort, report the incident to the property management or authorities. Request a written report of the incident for your records, as this can help establish liability later on.

Preserve Evidence
Preserve any physical evidence related to the accident in California, such as damaged belongings or clothing. Keep records of medical treatment received, including doctor’s visits, prescriptions, and medical bills. These records will be crucial for your injury claim.

Consult with a Local Attorney Licensed in California
When seeking legal assistance for a vacation-related accident in California, it is important to work with a local attorney who is licensed in California. Local attorneys have knowledge of California-specific laws, statutes of limitations, and legal procedures. They can provide personalized legal guidance based on their understanding of local practices and help you navigate the complexities of your case.

Why Local Attorneys Licensed in California Matter

Working with a local attorney licensed in California offers several advantages:

  • They understand California laws and regulations governing your case.
  • They have experience with California courts and legal procedures.
  • They can communicate effectively with local authorities and insurance companies in California.
  • They provide personalized legal advice tailored to your specific case and jurisdiction.

Taking the right steps after a vacation accident in California and seeking assistance from a local attorney licensed in California can make a significant difference in the outcome of your case. Fielding Law is here to provide expert legal guidance and support during this challenging time. Contact us at 833.88.SHARK for personalized assistance in personal injury cases related to vacation accidents in California.

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

March 19, 2024
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Social Media After an Injury

Dos and Don’ts of Social Media After an Injury

By Bicycle Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Product Liability, Public Entity, Slip or Trip and Fall, Truck Accident

In today’s digital age, social media is a prevalent aspect of our lives, offering a platform to share our experiences, thoughts, and even challenges. However, after an injury, what you post on social media platforms like Facebook, Instagram, X (formerly Twitter), Threads, TikTok, and Linkedin can potentially affect your legal case. Navigating the delicate balance of staying connected with your online community while safeguarding your personal injury case requires careful consideration. Let us delve into the dos and don’ts to ensure your social media activity supports, rather than undermines, your legal journey.

Dos:

  1. Consult with Your Attorney: Before posting pictures of the accident scene, consult with your personal injury attorney. They can provide guidance on whether it is advisable and how it may impact your case.
  2. Limit Accident Scene Details: If you choose to share pictures, limit the details to those that are relevant to your case. Avoid sharing unnecessary or potentially damaging information.
  3. Update Loved Ones Privately: If you want to reassure friends and family about your well-being, consider sending private messages or making personal calls instead of posting a public update.
  4. Coordinate with Legal Strategy: Ensure that any posts align with your legal strategy and the information you have shared with your attorney. Consistency in messaging is crucial.
  5. Express Gratitude for Support: If you receive well-wishes or support on social media, consider expressing gratitude in a general and positive manner without divulging too much detail.
  6. Consider Temporarily Deactivating: In the aftermath, consider temporarily deactivating your social media accounts to prevent unintended consequences.

Don’ts:

  1. Discuss Fault or Blame: Avoid making statements about fault or blame in the accident. Such statements can be used against you during legal proceedings.
  2. Downplay Injuries: Refrain from downplaying injuries, even if you feel fine. Injuries may manifest later, and statements suggesting otherwise could be used against you.
  3. Provide Detailed Medical Updates: Avoid sharing detailed medical updates, treatments, or specifics about your health. Keep this information private and discuss it with your healthcare providers and attorney.
  4. Accepting Blame: Never accept blame or admit fault for the accident on social media. This can have serious implications for your personal injury case.
  5. Exaggerate Injuries: While downplaying injuries is not advisable, exaggerating them can also be detrimental. Stick to factual information and discuss the severity with your healthcare providers.
  6. Don’t Accept New Friend Requests: Be cautious about accepting new friend requests or follower requests during this sensitive time. You never know who might be watching.

Why Choose Fielding Law for Your Legal Journey?

Navigating the aftermath of an injury requires more than just legal expertise; it demands compassion and a personalized approach. At Fielding Law, our empathetic team combines caring support with unwavering legal capability. We prioritize your unique needs, ensuring you receive the guidance and advocacy necessary for a successful legal journey. With Fielding Law, you are not just a case; you are a valued individual deserving of personalized attention. Contact us at 833.88.SHARK and experience the Fielding Law difference.

Remember, the impact of social media on personal injury cases is significant. It is crucial to approach your online presence with caution and consider the potential consequences.

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

February 29, 2024
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Injured rollerblader

Rollerblader’s Triumph: Secured $2M Verdict for Injured Rollerblader

By Personal Injury, Public Entity, Skate & Skateboarding Accident

Los Angeles Superior Court Case No.: 22STCV06392

In a notable victory against the City of Los Angeles, Fielding Law secured a $2 million verdict for an injured rollerblader, Lahra Welch. The hazardous condition, exacerbated by shadows and lack of warnings, led to a six-day trial resulting in a favorable jury verdict.

The Case Details:

In Lahra Welch’s battle against the City of Los Angeles, we faced a unique challenge. Rollerblading down her neighborhood, Lahra tripped over hidden asphalt, causing serious injuries. The six-day trial, overseen by Honorable Michael Levanas, highlighted the complexities of proving fault and the extent of damages. Represented by the Law Office of Maximilian Lee and Fielding Law, APC, Lahra resiliently contested a 17% contributory negligence claim. After two days of deliberation, the jury delivered a hefty $2,000,000 gross verdict. Despite a contributory negligence percentage, Lahra secured a $1,660,000 net verdict, emphasizing non-economic damages. Fielding Law‘s dedication to navigating challenges ensured Lahra received just compensation.

Attorneys:

  • Plaintiff’s Attorney:
    • Law Office of Maximilian Lee by Maximilian Lee, Santa Ana, California
    • Fielding Law, APC Attorneys: Clark Fielding and Ryan Cooper, Irvine, California
  • Defendant’s Attorneys:
    • Office of the Los Angeles City Attorney by Karen Woodward, Michael Zuckerman, and Lilya Dishchyan, Los Angeles.

Experts:

  • Plaintiff’s Medical Experts: Matthew Enna, M.D., Garrison Whitaker, M.D., Jennifer Hertz, M.D.
  • Defendant’s Medical Expert: Ross Nathan, M.D.
  • Plaintiff’s Technical Expert: Gary Gsell, municipal infrastructure.
  • Defendant’s Technical Experts: Mark Blanchette, Ph.D., Henricus “Harm” Jansen, accident reconstruction.

Facts and Background:

Lahra Welch, on February 15, 2021, suffered injuries while rollerblading due to raised asphalt in a residential street. Shadows and lack of warnings contributed to the accident. Plaintiff contended that the City of Los Angeles was aware of the danger, while the defense argued it was a minor bump and the city lacked knowledge.

Injuries and Damages:

  • Physical Injuries: Broken left ulna and distal radius, post-surgery osteoarthritis, complex regional pain syndrome.
  • Emotional Damages: Distress, disfigurement, mental harm, inconvenience, anxiety.

Demands and Offers:

  • Plaintiff’s §998 Demand: $1,000,000
  • Defendant’s Offer during Trial: Verbally offered $100,000 on the first day of trial.

Why Hire Fielding Law?

Navigating a case against a public entity, such as the City of Los Angeles in Lahra Welch’s situation, requires a skilled legal team. Public entity claims involve seeking compensation for injuries caused by the negligence of government entities. It is crucial to note that these claims have different procedures and timelines than typical personal injury cases. In California and Arizona, where Fielding Law operates, public entity claims often have shorter statutes of limitations. Without an attorney well-versed in these nuances, victims may face challenges in pursuing their rightful compensation. Fielding Law, with expertise in public entity claims, successfully advocated for Lahra Welch, highlighting the importance of having seasoned attorneys on your side when dealing with such cases.

At Fielding Law, we navigate complexities with care and capability. Our client-focused approach ensures transparent communication and expert guidance. Trust us to champion your rights. Call 833.88.SHARK for a free legal consultation.

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

December 14, 2023
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Statute of Limitations for Personal Injury

Do You Know the Statute of Limitations for Your Personal Injury Claim?

By Car Accident, Dog / Animal Bite, Pedestrian Accident, Personal Injury, Public Entity, Slip or Trip and Fall

In the aftermath of an injury, understanding the timeframe for taking legal action is crucial. The statute of limitations varies for different personal injury claims, and being aware of these deadlines is essential for protecting your rights. At Fielding Law, we empathize with the challenges you face, and our dedicated team is here to guide you through the complexities of personal injury law.

What is a Statute of Limitations?

At Fielding Law, we understand the significance of statutes of limitations in personal injury cases, ranging from car accidents to slip and falls, public entity incidents, dog bites, pedestrian accidents, bus accidents, and train accidents. It is essentially a legal timeframe dictating when individuals must file a lawsuit or claim after experiencing harm. These time limits vary by case type and jurisdiction. Failing to initiate legal proceedings within the specified timeframe could jeopardize your right to seek compensation. That is why it is crucial to consult with our experienced attorneys promptly. We ensure you are aware of and adhere to these deadlines, protecting your rights and securing the best possible outcome for your case. Do not let time run out on your opportunity for justice – call Fielding Law at 833.88.SHARK for guidance.

Exploring Statute of Limitations:

  1. Car Accidents:
    • California: 2 years
    • Arizona: 2 years
  2. Slip and Fall:
    • California: 2 years
    • Arizona: 2 years
  3. Public Entity Claims:
    • California: 6 months (Notice of Claim), 2 years (Filing Lawsuit)
    • Arizona: 180 days (Notice of Claim), 1 year (Filing Lawsuit)
  4. Dog Bite:
    • California: 2 years
    • Arizona: 1 year
  5. Pedestrian Accident:
    • California: 2 years
    • Arizona: 2 years
  6. Bus Accident:
    • California: 6 months (Notice of Claim), 2 years (Filing Lawsuit)
    • Arizona: 180 days (Notice of Claim), 1 year (Filing Lawsuit)
  7. Train Accident:
    • California: 6 months (Notice of Claim), 2 years (Filing Lawsuit)
    • Arizona: 180 days (Notice of Claim), 1 year (Filing Lawsuit)

Why Hire Fielding Law?

Navigating the legal landscape can be daunting, especially when time constraints are involved. At Fielding Law, we offer compassionate support and a wealth of legal expertise. Our dedicated team is committed to ensuring you meet crucial deadlines and receive the compensation you deserve. Do not let time slip away – contact us at 833.88.SHARK for a free legal consultation 24/7. Your well-being is our priority, and we are here to help you every step of the way.

October 5, 2023
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GoFundMe After an Injury

Navigating GoFundMe Pages After Catastrophic Injuries

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Public Entity, Slip or Trip and Fall, Truck Accident, Wrongful Death

Facing the aftermath of catastrophic injuries is an emotionally and financially challenging journey. In seeking financial assistance, many individuals turn to crowdfunding platforms such as GoFundMe to alleviate the burden of medical bills, rehabilitation costs, and daily living expenses. At Fielding Law, we recognize the complex intersection of compassion and legal strategy when it comes to utilizing these fundraising avenues. This guide aims to shed light on the potential impacts of GoFundMe pages on personal injury cases, offering valuable insights to empower you in making informed decisions during this sensitive time.

The Pros of GoFundMe Pages

  • Financial Support: One of the primary benefits of GoFundMe pages is the ability to garner financial assistance from a wide network of friends, family, and even compassionate strangers.
  • Community Connection: Beyond financial relief, these platforms foster a sense of community support, providing individuals with emotional strength during their recovery journey.

The Cons to Consider

  • Impact on Damages: It is crucial to be aware that funds raised through a GoFundMe campaign might be perceived as compensation, potentially affecting the damages sought in a legal case.
  • Admission of Need: Insurance companies may leverage the existence of a GoFundMe page as evidence of financial need, potentially influencing the negotiation dynamics.

Navigating the Legal Landscape of a GoFundMe After an Injury

  • Consult Your Attorney: Seeking early guidance from your personal injury attorney is paramount. They can provide insights into how the funds raised might impact the legal aspects of your case.
  • Transparent Communication: Open and transparent communication is key. Inform your attorney about your fundraising efforts, allowing them to tailor their legal strategy accordingly and preventing any unexpected surprises during legal proceedings.

Why Hire Fielding Law

In the complex intersection of compassion and legal strategy, choosing the right legal representation becomes pivotal. At Fielding Law, our approach is characterized by both empathy and capability. We understand the multifaceted challenges you face and offer not just legal guidance but compassionate support. With a track record of successful outcomes and a commitment to client advocacy, we go beyond the role of a legal team; we become your partners in ensuring your well-being is safeguarded throughout the legal process.

While GoFundMe pages can be a lifeline during times of crisis, understanding their potential impact on legal cases is paramount. At Fielding Law, we navigate these nuances with care and expertise, ensuring that your pursuit of support does not inadvertently compromise your legal rights. Call Fielding Law at833.88.SHARK for a free consultation, and let us guide you through the delicate balance of seeking assistance and protecting your legal interests.

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

October 8, 2019
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