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What is Assumption of Risk?

By Bicycle Accident, Car Accident, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Personal Injury, Skate & Skateboarding Accident, Ski & Snowboard Accident

In the world of personal injury law, the concept of assumption of risk is crucial. It refers to a legal doctrine that may affect your ability to recover damages after an injury. At Fielding Law, we want to help you understand what assumption of risk is and how it may impact your situation.

What is Assumption of Risk?

Assumption of risk occurs when an individual knowingly and voluntarily exposes themselves to a dangerous situation or activity. By participating in the activity, the individual acknowledges the inherent risks involved. This acknowledgment can limit or eliminate liability for another party in case of injury.

Types of Assumption of Risk

Assumption of risk is typically divided into two categories: express and implied.

Express Assumption of Risk

Express assumption of risk occurs when a person explicitly agrees to accept the risks involved in an activity. This agreement is often documented through a waiver or release form. Common examples include:

  • Sports Activities: Athletes may sign waivers before participating in high-contact sports, acknowledging the risks involved.
  • Recreational Activities: Participants in activities like rock climbing or zip-lining often sign releases to acknowledge potential dangers.
Implied Assumption of Risk

Implied assumption of risk arises from a person’s actions rather than explicit agreement. This can occur when an individual engages in an activity that is inherently risky, such as:

  • Riding a Bicycle: When a person chooses to ride a bicycle, they acknowledge the risks involved, such as falls and collisions with vehicles. Cyclists must follow traffic laws and stay aware of their surroundings. If injured while riding recklessly or without a helmet, their ability to claim damages may be affected.
  • Driving a Car: Similarly, when someone decides to drive a car, they accept risks like accidents and mechanical failures. Drivers must adhere to traffic laws and be mindful of road conditions. If an accident occurs due to negligence or reckless behavior, recovering compensation can be more challenging.

How Does Assumption of Risk Affect Personal Injury Claims?

If you are injured while participating in an activity that involves an assumption of risk, the ability to claim damages may be affected. Here are some key points to consider:

  • Limited Liability: If a waiver is in place, the party responsible for the activity may not be held liable for injuries, even if negligence is involved.
  • Proving Negligence: If you assumed the risk voluntarily, you may need to prove that the other party was grossly negligent or acted outside the scope of normal risks associated with the activity.

How to Protect Yourself

Understanding assumption of risk can help you navigate potential hazards effectively. Here are some tips to protect yourself:

  • Read Agreements Carefully: Before signing any waiver or agreement, ensure you understand the risks involved. Look for any clauses that may limit your rights.
  • Know Your Limits: Be aware of your own physical abilities and limitations. Avoid activities that may pose excessive risks to your health and safety.
  • Document Your Experience: If you are injured, gather evidence to support your claim. This may include photographs, witness statements, and medical records.

Why Choose Fielding Law?

At Fielding Law, we understand that legal matters can be daunting. Our team is dedicated to helping you navigate complex legal concepts like assumption of risk. We provide compassionate and capable legal representation, ensuring your rights are protected.

If you have questions about your personal injury claim or need guidance on how assumption of risk may apply to your situation, contact Fielding Law at 833.88.SHARK. We are here to help you every step of the way.

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

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.

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.

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.

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.

Person skiing down a hill with the sun and ski lift behind them

Smart Ski Tips to Stay Safe on the Slopes

By Personal Injury, Ski & Snowboard Accident

Skiing offers an exciting way to enjoy the winter season, but it is not without risks. Each year, accidents on the slopes lead to injuries. Proper preparation and awareness can help reduce these incidents. National Ski Safety Awareness Month encourages all skiers to prioritize safety while enjoying the sport.  
 
At Fielding Law, we understand the importance of taking proactive measures to reduce the risk of accidents. By following these expert-recommended smart ski tips, you can protect yourself and others and make the most of your time on the mountain. Stay informed, stay prepared, and ski with confidence.    

Essential Ski Safety Tips for Injury Prevention  

The thrill of the slopes is truly unmatched, but safety should come before the exciting adventure. By following these essential tips, you can significantly reduce the risk of injury.  

  1. Wear Proper Gear: Choose gear that fits properly and meets safety standards. Essential items include a certified helmet, insulated clothing, goggles, and gloves. These are non-negotiable or protection and comfort. 
  2. Check Your Equipment: Before hitting the slopes, ensure your skis, bindings, and boots are in good condition and adjusted to your level. Faulty gear can cause preventable accidents.  
  3. Carry a First-Aid Kit: Even seasoned skiers experience mishaps. Prepare for minor injuries with a compact first-aid kit containing bandages, antiseptic wipes, and pain relievers. 
  4. Learn the Rules: Familiarize yourself with the resort’s rules and trail markers. Responsible skiing involves yielding to others, obeying signs, and staying within designated areas. 
  5. Be Aware of Conditions: Weather and snow conditions can change quickly. Check trail updates and adjust your plans to avoid icy patches, low visibility, or dangerous terrain.  

What to Do in Case of an Accident 

If a ski accident occurs, knowing what steps to take can significantly impact recovery and resolution.  

  1. Move off the slope. If possible, leave the slope to avoid oncoming skiers and prevent further injuries. Staying in harm’s way could endanger yourself and others.  
  2. Call ski patrol and seek medical help immediately. Addressing injuries promptly is crucial. Even if the injuries seem minor, hidden complications can arise later. The ski patrol can assess the situation and assist.  
  3. Document the incident thoroughly. Record every detail, including how the accident occurred and surrounding weather conditions. Take photographs if you can, as they may serve as critical evidence. Gather contact information from any witnesses who saw what happened.  
  4. Contact Fielding Law for guidance. After addressing concerns, reach out for expert legal advice. Our team will help protect your rights, navigate the legal process, and support your recovery.  

Recover Confidently and Enjoy the Slopes 

Skiing should be both enjoyable and safe for everyone. Take these smart ski tips, and you can reduce risks and make the most of your time on the slopes. When accidents occur, they can feel overwhelming. However, you do not have to navigate the aftermath alone. 
 
Fielding Law’s highly skilled team understands the complexities of personal injury cases. With our support, you can focus on recovery while we work to protect your rights and pursue the compensation you deserve. Call us today at 833.88.SHARK for a free consultation. Stay safe and have fun! 

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

Person snowboarding. Insurance Coverage for Skiing and Snowboarding Collisions

Insurance Coverage for Skiing and Snowboarding Collisions

By Personal Injury, Ski & Snowboard Accident

Most people do not realize that homeowners’ or renters’ insurance can cover accidents on ski slopes. These policies often include “no-fault” medical payments and liability coverage, which pay for injuries caused by negligence. If someone else causes your injury while skiing or snowboarding, their insurance may cover your medical expenses and other damages.

How Homeowner’s and Renter’s Insurance Works

Homeowner’s and renter’s policies offer two key types of coverage for skiing and snowboarding accidents:

Liability Coverage: If someone causes an accident, their homeowner’s or renter’s insurance may cover your injuries. This coverage helps with medical bills, lost wages, and compensation for pain and suffering.

Medical Payments Coverage (Med Pay): Med Pay covers medical expenses up to a limit, even if no one is at fault. Typical limits range from $1,000 to $5,000.

If the cost of injuries exceeds these limits, umbrella insurance can provide extra coverage.

How the Claims Process Works

After a skiing or snowboarding accident, the claims process can be overwhelming, especially when dealing with insurance companies. Here is a breakdown of how the process typically unfolds:

Reporting the Incident: The first step is reporting the accident to the responsible party’s insurance company. In the case of a ski accident, this would likely be the homeowner’s or renter’s insurance of the skier or snowboarder who caused the accident.

Filing a Claim: After reporting the incident, a claim is opened. The insurance company will review the details, including witness statements, medical reports, and accident circumstances. It is important to gather all necessary evidence, such as photos of the accident, medical records, and any police or incident reports from the ski resort.

Insurance Investigation: The insurance company investigates the accident to determine fault and assess the damages. This may involve reviewing medical records, interviewing witnesses, or conducting site inspections.

Negotiating Compensation: Once liability is established, the next step is negotiating a settlement. This often requires legal assistance to ensure you receive fair compensation. The amount may cover medical expenses, lost wages, pain and suffering, and additional damages depending on the severity of the injury.

Settlement: After negotiation, the insurance company offers a settlement. If the compensation covers your needs, the claim is resolved. If not, further legal action may be necessary.

Hiring an experienced personal injury attorney can significantly improve your chances of getting fair compensation. They will guide you through every step of the claims process, ensuring your rights are protected and that insurance companies do not shortchange you.

How to Use These Policies After an Accident

After a skiing or snowboarding accident, if the at-fault party has homeowner’s or renter’s insurance, you can file a claim. Here is how:

  • Medical Bills: Med Pay covers immediate medical costs like doctor visits, hospital stays, and emergency care.
  • Liability Claims: If another person’s negligence caused the accident, their insurance can help pay for long-term treatments, surgeries, lost wages, and emotional distress.
  • Umbrella Coverage: If damages exceed policy limits, umbrella insurance can provide additional funds. This coverage helps in cases with severe injuries.

Real-World Example: One of Fielding Law’s Recent Cases

We recently represented a client involved in an accident at Arizona Snowbowl in Flagstaff, Coconino County. While snowboarding, a skier collided with her, causing her to fall and fracture her wrist. She required two surgeries. Fortunately, the defendant skier’s parents had homeowner’s insurance, which covered her injuries since their son was at fault. She recovered $151,000: $100,000 from the homeowner’s policy, $1,000 from Med Pay, and $50,000 from an umbrella policy.

Why Hire Fielding Law

If a skiing or snowboarding accident injured you, Fielding Law can help. We specialize in personal injury cases and will fight for your compensation. Call 833.88.SHARK to schedule a free consultation today.

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

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