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Skate & Skateboarding Accident

Police Officer making a report

Why Do I Need a Police Report After an Accident?

By Assault, Bicycle Accident, Car Accident, Dog / Animal Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Train Accident, Truck Accident, Wrongful Death

After a car accident, you may wonder, “Why do I need a police report?” A police report after an accident plays a critical role in documenting the incident and protecting your rights. This report serves as an official record of the accident, which can significantly impact insurance claims and any potential legal proceedings.

Importance of a Police Report

  1. Official Documentation: A police report provides an official account of the accident. This documentation includes vital details, such as the time, location, and parties involved, which helps create a clear picture of what occurred.
  2. Factual Evidence: The report typically contains the officer’s observations, witness statements, and any evidence gathered at the scene. This factual information helps establish a timeline of events and can clarify who was at fault.
  3. Insurance Claims: Most insurance companies require a police report when processing claims. The report helps insurance adjusters assess liability and determine the compensation you may receive for damages or injuries.
  4. Legal Protection: If you need to pursue legal action due to injuries or property damage, a police report can serve as crucial evidence in court. It strengthens your case by providing an impartial account from law enforcement.

What If the Police Cannot Come to the Scene?

In some situations, police may be unable to respond to the accident scene due to limited resources or other emergencies. Here are tips on what to do if this happens:

  • File a Report at the Station: If the police cannot come to you, you can go to the nearest police station to file a report. Bring any relevant information, including photos, witness contact details, and any statements from those involved.
  • Document Everything: If the police do not arrive, document the scene yourself. Take photographs of the vehicles, the surrounding area, and any visible injuries. Write down your account of what happened while it is still fresh in your mind.
  • Call Fielding Law: It is crucial to discuss your options with Fielding Law. Our experienced attorneys can guide you on how to proceed with your case. We will help you navigate insurance claims and ensure you have the necessary documentation for any potential legal actions.

Additional Considerations

  • Witness Statements: If possible, collect written statements from witnesses at the scene. Their accounts can strengthen your case and provide additional support if there are disputes about the accident.
  • Medical Documentation: If you sustained injuries, seek medical attention immediately. Documenting your injuries and treatment will be essential for your case, especially when dealing with insurance claims.

What to Do After an Accident

If you are involved in a car accident, follow these steps to ensure you obtain a police report:

  1. Call Emergency Services: After ensuring everyone’s safety, call the police to report the accident. They will dispatch an officer to the scene to assess the situation.
  2. Gather Information: While waiting for the police, exchange information with the other driver and any witnesses. Collect names, contact information, and insurance details.
  3. Stay at the Scene: Remain at the scene until the police arrive. Once the officer has documented the accident, they will create a report.
  4. Request a Copy of the Report: After the officer files the report, request a copy for your records. You may need this for insurance claims or legal proceedings.

Why Choose Fielding Law?

At Fielding Law, we understand that navigating the aftermath of an accident can be overwhelming. Our experienced attorneys are here to help you every step of the way. We will guide you through the process of obtaining a police report and assist you in filing insurance claims or pursuing legal action.

Why Hire Our Team?

When you work with Fielding Law, you will benefit from our compassionate approach and expert legal support. We are dedicated to helping you protect your rights and ensure you receive the compensation you deserve.

Call us today at 833.88.SHARK for a free consultation. Let us help you navigate the complexities of your accident case.

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

November 15, 2024
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Person looking over medical documents

What are Medical Liens in Personal Injury Cases?

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

When you suffer an injury due to someone else’s negligence, the financial aftermath can be overwhelming. Medical bills may pile up, and the stress of dealing with insurance companies can add to your burden. Understanding how medical liens function in personal injury cases is crucial to ensuring you receive the compensation you deserve.

What Are Medical Liens?

A medical lien is a legal claim against your potential personal injury settlement, allowing healthcare providers to secure payment for medical services rendered to you after your injury. Essentially, these liens give medical providers the right to be paid from your settlement before you receive any funds.

How Medical Liens Work

  • Treatment Agreement: When you receive treatment for your injury, the healthcare provider may ask you to sign a lien agreement. This agreement states that they will provide treatment in exchange for the right to collect payment from your future settlement.
  • Billing Your Insurance: In most cases, your healthcare provider will bill your insurance first. If the insurance does not cover the full amount of your medical bills, the lien will cover the remaining balance.
  • Settlement Negotiation: Once you reach a settlement in your personal injury case, your attorney will deduct any medical liens from your settlement amount before you receive the funds.

The Impact of Medical Liens on Your Settlement

Medical liens can have both positive and negative implications, depending on the context of the personal injury case and the perspective of the parties involved. Here is a breakdown of the pros and cons:

Pros of Medical Liens:

Immediate Medical Care: Medical liens allow injured individuals to receive necessary medical treatment without having to pay upfront. This is especially beneficial for those who may not have insurance or the means to pay for care out-of-pocket.

Access to Quality Providers: Patients can access quality healthcare providers who might be hesitant to treat them without guaranteed payment. This can lead to better outcomes and quicker recovery times.

Increased Focus on Recovery: Knowing that medical bills will be covered allows individuals to focus on their recovery rather than financial stress during a challenging time.

Potential for Reduced Costs: In some cases, healthcare providers may be willing to negotiate lien amounts once a settlement is reached, potentially lowering overall medical costs for the patient.

Cons of Medical Liens:

Reduced Settlement Amount: Medical liens must be paid from any settlement or award, which can significantly reduce the amount of money the injured party ultimately receives. For example, if a person settles for $100,000 but owes $30,000 in medical liens, they will only take home $70,000.

Complexity and Delays: The process of negotiating and settling medical liens can complicate and prolong the settlement process. Disputes over lien amounts can lead to delays in receiving compensation.

Liability Issues: If a case goes to trial and a jury awards a lower amount than expected, it could leave the injured party with a financial shortfall after paying off medical liens.

Potential for Confusion: Individuals may not fully understand how medical liens work, leading to mismanaged expectations regarding their financial recovery post-settlement.

Why Work With an Attorney?

An attorney can negotiate with Medicare to reduce the lien amount. They may argue that certain treatments or charges were unrelated to your injury or were unnecessary. This can lead to a reduced lien, allowing you to keep more of your settlement.

Here are the key reasons to hire an attorney for Medicare lien negotiations:

  • Evaluate the lien: Attorneys can review the lien to ensure it is accurate and that only necessary treatments are included.
  • Negotiate reductions: Attorneys often negotiate with Medicare to reduce the lien based on specific circumstances.
  • Handle paperwork: Managing Medicare liens requires timely communication and documentation, which attorneys are equipped to handle.

Your Advocates After an Accident

Navigating the complexities of medical liens in personal injury cases can be challenging. At Fielding Law, we understand the financial strain that comes with injuries. Our experienced team is here to advocate for you, ensuring that you are informed every step of the way. We will work diligently to negotiate liens on your behalf and maximize your settlement.

If you are struggling with medical bills and need guidance through your personal injury case, Fielding Law is here to help. Reach out today at 833.88.SHARK to schedule your free consultation and begin your journey toward justice.

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

November 1, 2024
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Scales of Justice on a desk. Comparative Liability in California

Understanding Comparative Liability in California

By Assault, Bicycle Accident, Boating Accident, Car Accident, Dog / Animal Bite, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Skate & Skateboarding Accident, Slip or Trip and Fall, Train Accident, Truck Accident

Accidents often involve multiple parties, and determining who is responsible can be complex. California follows the legal principle of comparative liability, also known as comparative negligence, to allocate fault among all parties involved. Understanding how this system works is crucial if you are involved in a personal injury case. It could significantly affect the amount of compensation you are entitled to receive.

What Is Comparative Liability?

Comparative liability is the legal concept that divides responsibility for an accident based on each party’s degree of fault. Instead of assigning full blame to one person, fault is shared based on how much each party contributed to the accident. This system is especially important in cases involving car accidents, slip-and-falls, or any other incident where more than one party may have played a role.

How Comparative Liability Works in California

California follows a system of pure comparative negligence, which means that even if you are partially at fault for an accident, you can still recover damages. However, your compensation will be reduced by your percentage of responsibility. For example:

  • If you are 30% at fault for a car accident and your damages amount to $100,000, you would still be eligible to receive $70,000.

This system allows injured parties to seek compensation even if they share some blame, which makes it more flexible than other states that have stricter thresholds for fault.

Why Is Comparative Liability Important in Your Case?

Comparative liability can have a significant impact on the outcome of your personal injury claim. Here is why it matters:

  1. Reduced Compensation: The more responsibility you bear, the less compensation you can recover. For example, if you are found to be 50% at fault, your damages will be cut in half.
  2. Disputed Fault: The other party’s insurance company may try to assign more blame to you to reduce the amount they have to pay. Having an attorney can help ensure that the division of fault is fair.
  3. Complex Legal Issues: Determining liability often involves thorough investigations and legal arguments. It is essential to have a skilled attorney who understands California’s laws and how to navigate these complexities.

What Should You Do If Comparative Liability Affects Your Case?

If comparative liability becomes a factor in your case, it is important to take these steps:

  • Gather Evidence: Collect all evidence related to the accident, including photos, police reports, witness statements, and medical records. This will help establish the facts and your degree of fault.
  • Do Not Accept Fault Prematurely: Insurance companies may pressure you to accept more responsibility than is fair. Speak with an attorney before making any statements.
  • Seek Legal Representation: An experienced attorney at Fielding Law can evaluate your case, negotiate with insurance companies, and ensure that fault is assigned accurately and fairly.

Why Trust Fielding Law?

At Fielding Law, we have extensive experience in handling personal injury cases involving comparative liability in California. We understand how insurance companies operate and are skilled in protecting your rights when multiple parties are at fault. Our team will work with you every step of the way to ensure that you receive the compensation you deserve, even if you share some responsibility for the accident.

Do not let an unfair distribution of fault reduce your financial recovery. Fielding Law is here to fight for you and help you through the legal process with compassion and capability. Contact us today at 833.88.SHARK to discuss your case with our dedicated team.

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

October 14, 2024
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rollerblading on streets

Injured Rollerblading on City Streets?

By Skate & Skateboarding Accident

Rollerblading through city streets can be an exhilarating way to get around and stay fit. However, the condition of roads and sidewalks can pose significant risks. Uneven pavement, potholes, and cracks can lead to serious injuries. Contact Fielding Law if you have been injured rollerblading on streets due to unkempt roads or sidewalks. Learning your legal rights and the steps you should take can help you navigate the aftermath.

Assessing the Situation: Who is Responsible?

When you are injured due to poorly maintained streets or sidewalks, determining who is responsible is key to pursuing compensation. In most cases, local government entities, such as cities or municipalities, are responsible for maintaining public roads and sidewalks. However, proving liability can be complex.

Public vs. Private Property

It is important to determine whether the accident occurred on public or private property. If the injury happened on public property, such as a city street or sidewalk, the local government is usually responsible. However, if the accident occurred on private property, the property owner may be liable for your injuries.

Notice of Hazard

To hold a government entity liable, you generally need to prove that they knew or should have known about the hazardous condition and failed to fix it within a reasonable time. This can involve showing that the defect had been present for a significant period or that similar complaints had been made in the past.

Steps to Take After an Injury

If you have been injured rollerblading on streets due to unkempt roads or sidewalks, taking the right steps immediately after the incident is crucial for protecting your legal rights.

1. Document the Scene – Take detailed photos of the area where the injury occurred, including any visible hazards such as cracks, potholes, or uneven pavement. This evidence can be crucial in proving the cause of your injury.

2. Seek Medical Attention – Even if your injuries seem minor, it is important to seek medical attention as soon as possible. A medical report will document your injuries and can serve as evidence if you decide to pursue legal action.

3. Report the Incident – Report the hazard to the appropriate city or municipal department responsible for road and sidewalk maintenance. This not only helps to create an official record of the incident but can also prompt repairs to prevent future injuries.

4. Consult with an Attorney – Navigating a claim against a government entity can be challenging due to specific legal requirements and deadlines. Consulting with an experienced personal injury attorney can help you understand your legal options and guide you through the process of filing a claim.

Why Hire Fielding Law?

At Fielding Law, we understand the challenges of pursuing a claim against a government entity after an injury caused by unkempt roads or sidewalks. Our team is dedicated to helping you navigate the legal landscape with empathy, expertise, and tenacity. In Lahra Welch v. City of Los Angeles, Fielding Law and Law Office of Maximilian Lee went up against the City of Los Angeles. We won a final verdict of $1.66 million for our client. If you have been injured while rollerblading due to hazardous conditions, contact Fielding Law at 833.88.SHARK to discuss your case and explore your legal options.

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

September 12, 2024
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person skateboarding. Skateboarding laws

Skateboarding Laws: Know Your Rights

By Pedestrian Accident, Personal Injury, Skate & Skateboarding Accident

Skateboarding is a popular activity enjoyed by many, but it is important to understand the laws and responsibilities that come with it. Whether you are cruising down a sidewalk or hitting a local park, knowing your rights and obligations can help ensure a safe experience for everyone.

Understanding Skateboarding Laws

Skateboarding laws vary by location, so it is crucial to familiarize yourself with the rules in your area. Some common regulations include:

  • Designated Areas: Some cities designate specific areas for skateboarding, such as parks or certain streets. It is illegal to skateboard outside these areas in some places.
  • Sidewalk Use: While some cities allow skateboarding on sidewalks, others prohibit it to protect pedestrians.
  • Safety Gear: Helmets and other protective gear may be required by law, especially for minors.

Knowing these regulations can help prevent fines and ensure your safety.

Responsibilities of Skateboarders

As a skateboarder, you have certain responsibilities to yourself and others:

  • Respect Pedestrians: Always yield to pedestrians on sidewalks and shared spaces.
  • Follow Traffic Rules: When skating on streets, obey traffic signals and signs. Treat yourself as you would if you were cycling.
  • Use Caution: Avoid risky stunts in public areas. Not only can they be dangerous, but they can also damage property.

What to Do If an Injury Occurs

Accidents can happen, even when following all the rules. If you or someone else is injured while skateboarding, it is important to take immediate action:

  1. Seek Medical Attention: Prioritize health and safety. Call for medical help if needed.
  2. Document the Incident: Take photos and gather information from witnesses. This documentation can be crucial if you need to file a claim.
  3. Consult a Lawyer: If the injury was caused by someone else’s negligence, you might be entitled to compensation. Fielding Law specializes in personal injury cases and can guide you through the legal process.

Why Choose Fielding Law?

At Fielding Law, we understand that accidents can be overwhelming. Our team is dedicated to helping you navigate the legal landscape with compassion and expertise. We fight with our fins up and with integrity and tenacity to ensure you receive the compensation you deserve. Whether you are dealing with a public liability case or a recreational injury, we are here to support you every step of the way. For a free consultation, 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.

August 30, 2024
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Top Verdict Award

Fielding Law Achieves Top Verdict Award: $2 Million Verdict in Los Angeles

By Firm News and Celebrations, Personal Injury, Premises Liability, Public Entity, Skate & Skateboarding Accident

We are proud to announce that Fielding Law has achieved a significant milestone by securing a $2 million verdict in the case of Welch v. City of Los Angeles. This achievement has earned us a spot among the Top 50 Jury Verdicts in all practice areas in Los Angeles.

Case Overview: Welch v. City of Los Angeles

In the case of Welch v. City of Los Angeles, our client was seriously injured due to a dangerous condition on public property. The case involved several complex legal issues, including:

  • Dangerous Condition: The public property had a hazardous condition that led to the injury.
  • Failure to Warn: The responsible parties failed to provide adequate warnings about the danger.
  • Government Negligence: The City of Los Angeles was negligent in maintaining the property.
  • Personal Injury: Our client sustained severe injuries due to the unsafe conditions.
  • Premises Liability: The case focused on the property owner’s responsibility to ensure safety.
  • Trip & Fall: The injury occurred as a result of a trip and fall incident.
  • Negligent Tort: The city’s negligence directly contributed to the injury.
  • Bodily Injury: Our client suffered significant physical harm.
Top Verdict Award

The Legal Team

This landmark verdict was secured through the collaborative efforts of our skilled attorneys:

  • Clark Fielding of Fielding Law, APC
  • Ryan Cooper of Fielding Law, APC
  • In association with
    • Maximilian Lee of the Law Office of Maximilian Lee

Our team worked tirelessly to ensure that justice was served and that our client received the compensation they deserved.

Top Verdict Recognition

At Fielding Law, we are honored to be recognized by TopVerdict.com for securing one of the highest jury verdicts in the Nation. This prestigious acknowledgment highlights our relentless pursuit of justice and ability to handle challenging cases precisely and carefully. Being listed among the Top 50 Jury Verdicts in Los Angeles for the year reflects our dedication to achieving top legal victories for our clients. Our recognized legal triumphs are a testament to the hard work and expertise we bring to each case.

Why This Verdict Matters

Securing a $2 million verdict in a complex case like this highlights the dedication, expertise, and tenacity of our legal team. It underscores our commitment to achieving the best possible outcomes for our clients. This recognition among the Top 50 Jury Verdicts in Los Angeles is a testament to our relentless pursuit of justice and our ability to handle challenging cases with precision and care.

Why Hire Fielding Law?

If you or a loved one has been injured due to someone else’s negligence, you need a compassionate and capable legal team by your side. At Fielding Law, we offer:

Expertise: Our attorneys have extensive experience in handling complex personal injury cases.

Support: We provide empathetic and caring support throughout the legal process.

Results: We are dedicated to helping you receive the compensation you deserve.

Call 833.88.SHARK today to discuss your case and see how we can help you navigate the legal challenges you face.

The $2 million verdict in the Welch v. City of Los Angeles case is a significant achievement for Fielding Law. It reflects our commitment to excellence and our dedication to securing justice for our clients. If you find yourself in need of legal assistance, remember that Fielding Law is here to help. Contact us at 833.88.SHARK for expert legal support.

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

June 12, 2024
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Injured rollerblader

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

By Firm News and Celebrations, 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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