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Bicycle accidents can happen anywhere and can result in serious injury for the cyclist. It is important to seek the appropriate representation.
A traumatic brain injury (TBI) can be a life-altering event and can happen in a flash. Brain injuries often result in what are known as “invisible disabilities” which leave the victim suffering symptoms that are hard to see by others.
A car accident injuries can be traumatizing in the moment, and also in the months to come. You could be overwhelmed with medical bills and out-of-pocket costs. You may need to talk with an experienced attorney.
Dog bites are a major cause of injury in the United States. If a neighbor or stranger’s dog bites you, it is important to know that you have legal rights.
Suffering from a devastating aftermath of a motorcycle accident can make you feel alone. It’s important to know that you won’t face your battle alone with the help of Fielding Law.
Pedestrian collisions can be some of the most severe injury cases. Negligent drivers, distracted walkers, as well as dangerous city infrastructures contribute to many pedestrian accidents each year.
Premises liability is defined as an owner of a property, property manager, or anyone overseeing the premises of the property is required to maintain the property to a reasonable safety level.
Even with consumer protection laws and state-of-the-art production methods, many people are still injured while using consumer products. There is a legal obligation by manufacturers, retailers and wholesalers have a legal obligation to make sure the product is safe.
Slip and fall accidents can occur frequently and easily result in broken bones, bruises, and even worse. If you have suffered from injuries caused by a slip and fall, it is important to know your options.
Spinal cord injuries can turn a victim’s life completely upside down. Spinal cord injuries don’t always only affect the victim, in many cases the financial burden of those injuries fall to family as well.
An accident involving a large truck can be catastrophic and result in very serious injuries. To protect others on the road truck drivers are heavily regulated in state and federal laws.
If you are suffering the devastating loss of a loved one due to another person’s improper conduct, it’s important to know that you don’t have to face your struggle alone.
Accidents happen every day, often injuring those involved. Sometimes, someone’s negligence causes accidents. If you sustained injuries because of an accident that someone else caused, you might have grounds to file a personal injury claim.
Many kinds of insurance policies protect policyholders against liability, but unfortunately, most insurance carriers don’t want to pay damages in liability-related issues. They often make offers of minimal compensation to accident victims. Injured accident survivors often turn to Fielding Law to represent their interests against greedy insurance companies.
The vast majority of personal injury cases involve negligence. The legal definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Most of the time, negligence takes the form of an action; however, failing to act is negligence in some cases.
To prove negligence, you must show that:
As an example, all drivers must safely operate their vehicles to protect themselves and others from the risk of a collision. That is their duty of care. If a driver does anything considered unsafe and causes an accident, he or she is probably guilty of negligence. If so, those injured in the accident may qualify to file a personal injury claim against the responsible party.
If you have a valid personal injury claim, your attorney will assist you in filing liability insurance claims to compensate you for your damages. We also act as your spokesperson with insurance companies to protect your rights.
We can successfully settle most personal injury claims without going to court, winning maximum compensation for our clients. However, we will litigate your case in a civil trial if necessary. Our duty is to keep insurance company representatives from taking advantage of unwary accident victims.
In any kind of accident involving injuries, those involved should do several things, if possible. If your injuries allow, you need to:
There are also things you shouldn’t do because they might damage your personal injury claim:
If you’re unsure about any aspect of your claim, ask your Fielding Law attorney. We will answer your questions and concerns fully.
Fielding Law represents those injured in several kinds of common personal injury cases. We investigate your accident and the events or circumstances leading up to it to gather evidence to build your case. We also have resources that you probably don’t, so taking advantage of those resources can benefit you financially and provide you with peace of mind.
Car wrecks can happen for many reasons, and most of those reasons are related to human error. One of the most common causes of car collisions is distracted driving. Anything that takes a driver’s attention and focus away from driving is a distraction. Common distractions include:
Fault is sometimes challenging to determine. If one or more vehicles involved are taxis or ridesharing autos, deciding who is responsible for paying damages gets even more complicated.
Without the assistance of a competent auto accident attorney, you may not receive the compensation you deserve. Fielding Law attorneys know the liability laws surrounding car accidents, and they can aggressively defend your right to compensation if you sustain injuries in any auto crash.
Although manufacturers and distributors attempt to only offer safe products for sale, consumers sometimes purchase defective products. Defective products can cause illnesses, injuries, or deaths. The companies responsible for producing and selling these goods are likely large, with the money and resources to make it difficult for the average person to fight and successfully recover damages.
The attorneys at Fielding Law have experience handling product liability claims. We understand that several parties may be liable for illnesses or injuries caused by defective products:
We investigate and gather evidence to help you get compensation if you suffer from adverse effects of a defective product.
A slip-and-fall accident is a type of premises liability. People slip and fall in their own homes every day, but that’s not a slip-and-fall accident legally. To qualify as a premises liability case, a slip-and-fall accident and injury must take place on someone else’s property. Further, negligence on the part of the property owner or manager, or business owner must exist.
Property owners and businesses owe a duty of care to invitees and licensees who visit their properties; they must maintain safe conditions. If they discover a hazardous condition, they need to fix it immediately or warn others about it until they can remedy the unsafe situation.
Timing is crucial in slip-and-fall cases. You must prove that the party responsible for the property knew about a dangerous condition yet did nothing to prevent accidents related to it. As you can imagine, this is often challenging.
A premises liability attorney from Fielding Law can gather evidence to prove that your accident and injury resulted from someone else’s negligence. However, the sooner you contact us, the better chance we’ll have to obtain that evidence.
Fully loaded semi-trucks can legally weigh up to 80,000 pounds. With that much weight behind them, these trucks are difficult to maneuver and can’t stop quickly when traveling at speed. Because of this, many accidents involving these trucks are deadly.
Truck accident survivors often suffer severe injuries requiring extensive medical treatments and prolonged time away from work. These survivors deserve compensation, but determining who is liable for truck accidents is a complex task. Many parties are potentially responsible:
With so many parties, nobody’s insurance company wants to admit that their policyholder caused the wreck. Unfortunately, the injured victims often suffer from this reluctance to accept responsibility as well as their injuries and the traumatic effect those injuries have on their lives.
Fielding Law successfully represents truck accident victims in personal injury claims. We know how to navigate the sometimes-confusing blame game that guilty parties play, and we won’t let them take advantage of you.
Our lawyers also handle other types of personal injury cases:
In Texas and Utah, you might receive compensation for three categories of damages in a personal injury case.
As the name implies, this category compensates injured accident victims for economic losses caused by an accident where negligence is present. These damages have specific dollar amounts attached because the victim can receive bills for:
Keep all bills, invoices, and receipts for any expenses directly attributable to your accident. Your attorney will use them in your claim.
Not all injuries caused by accidents are physical, but they can dramatically impact accident victims. Some of these effects last a lifetime. Non-economic damages attempt to compensate injured accident survivors for things that don’t have a price tag, such as:
Because these damages aren’t tangible, they are sometimes challenging to obtain. Fielding Law understands the laws governing these damages and how to build a strong case for you.
Punitive damages are sometimes awarded if the guilty party was intentionally malicious, reckless, or willfully fraudulent. These are only available in certain circumstances; ask your attorney if your case meets the criteria for punitive damages.
What is Defined as Personal Injury?
The law categorizes any physical, emotional, or reputational injury to a person as a personal injury. Therefore, under tort law, anyone who suffers losses due to personal injuries has the right to seek compensation. First, however, the claimant must prove grounds for their claim.
The distinguishing difference between the three grounds for a personal claim involves intent, and the rules that apply for each may vary from state to state. The three grounds are:
Once you establish grounds for your personal injury claim, you must collect the necessary evidence to support your claim. A personal injury attorney will investigate your claim, sometimes with assistance from other experts, to help you.
Personal injury does not exclusively refer to physical injuries to the body. A person can file a claim for non-bodily injuries, such as defamation, an invasion of privacy, or inflicting psychological harm. You may even file for personal injury against an officer or police department for false imprisonment, false arrest, or malicious prosecution.
The primary difference in cases involving no bodily harm is the type of damages available. If you have a personal injury claim, an attorney at Fielding Law can help you determine the value of your damages and collect the evidence necessary to support your claim. Contact us today for a free consultation.
Why Do You Need to Hire a Personal Injury Lawyer?
A severe injury upends your life. Along with life’s everyday challenges, you now face a blizzard of medical and financial uncertainties. If another party’s negligence led to your injury, engaging a personal injury attorney may be your wisest move.
Insurance companies have economic incentives to minimize payouts. With bills mounting and income reduced — or suspended — an injured person understandably wants a quick settlement. These twin incentives may lead to an unfair settlement. If more than one party bears fault for an injury, negotiations become even more difficult.
Through experience, an attorney understands what fair compensation looks like. You have the right to consult with an attorney before making written or recorded statements to an insurance adjuster. Nearly all personal injury attorneys will evaluate a case for free, making a consultation a risk-free move.
The value of an attorney extends well beyond negotiation savvy. Evidence collection is essential for personal injury claims, and gathering this data while managing a recovery is an overwhelming mission for any layperson. As an example, privately owned surveillance cameras may record an automobile collision. A law firm has the resources to ensure the preservation of this evidence for your claim.
An insurance company may also contest the severity of your injuries and will have a battery of experts on call to support their argument. A personal injury law firm can call upon expert witnesses on your behalf, leveling the playing field.
From our offices in Texas, Utah and Idaho, Fielding Law focuses exclusively on obtaining fair compensation for persons injured by another party’s negligence. If we accept your case, you will owe us nothing unless we recover money for you.
What Is the Difference Between Bodily Injury and Personal Injury?
There is much confusion surrounding the terms “bodily injury” and “personal injury.” They are often used interchangeably, though they aren’t synonymous. Adding to the confusion is that personal injury has three different definitions, depending on whether it’s used in legal claims, auto insurance or homeowners and business insurance. Knowing how the law differentiates these two terms helps you understand why you might benefit from filing a personal injury lawsuit.
When you or someone you know sustains injuries in an accident, the kind of harm you think about is the physical injuries to your body. It refers to broken bones, traumatic brain injuries, lacerations and damaged soft tissues.
In a legal claim, a bodily injury is a type of personal injury, but personal injuries also include the following types of harm:
Personal injury also includes loss of use of bodily systems or body parts. This type of injury goes beyond the physical damage to include the more abstract impacts they have on the quality of life.
Filing a lawsuit may seem scary or not worth your time. It can be easier just to accept what the insurance company offers you than to pursue a legal claim. However, if you sustain serious injuries due to someone else’s negligence, it can have long-term and sometimes permanent impacts on your life.
You are unlikely to receive a settlement that covers all economic losses, let alone compensates you for non-economic damages. Filing a legal personal injury claim may be your only option for obtaining fair compensation. Doing so allows you to pursue economic and non-economic damages that insurance will never pay for.
If you’ve sustained injuries due to another party’s negligence, Fielding Law attorneys are here to assist. Contact our office today to schedule a free case review to determine if your case warrants filing a legal claim.
What Does Personal Injury Mean in Insurance?
While many personal injury legal claims revolve around a physical injury caused by a negligent person, others are based on non-bodily personal injuries. In the insurance world, personal injury policies cover different things.
Insurance companies offer several types of policies to protect you from liability if you cause an injury to someone else.
Most states require a minimum bodily injury coverage as part of automobile insurance policies. This coverage helps to pay medical costs of people in other vehicles if you cause a collision that injures them. It may also protect you if you injure a pedestrian.
Not all injuries are physical, but they can damage you in other ways. Personal injury insurance protects you against things like:
Homeowner’s policies don’t include personal injury coverage. You’ll need to pay extra for that endorsement, but the cost is usually minimal.
Personal liability coverage is typically part of your homeowners or renters insurance policy and protects you if:
These policies probably won’t protect you in these instances:
Commercial general liability insurance policies typically cover more types of liability than residential policies. Check with your carrier for details.
Some states require licensed drivers to purchase PIP insurance policies. Even if someone else causes a car accident, PIP pays towards medical expenses for anyone in your vehicle. However, it won’t pay for property damage, such as to a car or someone’s fence if you hit it.
You can’t obtain PIP in most states. In others, this coverage is optional. Check your state’s requirements and availability for this kind of policy.
What Happens If Someone Makes a Personal Injury Claim Against Me?
You probably need legal representation if you’re on the receiving end of a personal injury claim. If the claim against you is valid, you don’t want the plaintiff’s insurance company or attorney to take advantage of you. If the claim is false, you need to prove it.
If you caused injuries to someone else due to negligence, you owe them compensation. However, they may ask for more compensation than they deserve. Let’s say you ran a red light and caused a collision, but the other driver was texting and not paying attention to traffic.
Both of you contributed to the accident, and you may not owe as much in damages if you can prove that driver is also partially guilty. Your personal injury attorney can help establish the degree of fault that each party has so you won’t pay more than you should.
Unfortunately, many people try to take advantage of others. Proving your innocence isn’t necessarily easy if someone falsely accuses you of wrongdoing. Hiring a personal injury lawyer to defend you has several benefits:
If the accusation against you is false, you can potentially claim damages from the plaintiff. Your attorney can make a counterclaim in response to the claim filed against you or file a separate civil suit. You can file slander charges if the allegations against you are malicious or knowingly false.
A competent attorney will fight for your best interests, whether you’re the plaintiff or defendant in a personal injury case. Contact Fielding Law today to see how we can help you with your issue.
What Happens If I Lose My Personal Injury Claim?
Filing a personal injury lawsuit doesn’t guarantee you will come out on the winning side. Before you decide on entering a formal legal complaint, you need to consult with a legal professional. An attorney objectively reviews the merits of your claim and lets you know what’s required for the best chances to be successful. Losing a lawsuit can lead to catastrophic consequences, so getting experienced counsel is essential.
As a plaintiff, you have responsibilities regarding the outcome of your case. In many instances, poor choices lead to inevitable losses. These are issues that can jeopardize your chance for a recovery:
These are a number of situations that could cause you to lose your case that are out of an attorney’s hands.
If you lose your case in court, you can no longer seek a legal remedy. This could leave you on the hook for thousands of dollars in medical bills and other accrued expenses. If you are unable to work due to your injury, the results may be tragic for you and your loved ones.
What Percentage of Injury Claims Go To Court?
Only a fraction of personal injury cases make it to the courtroom. Most settle during pre-trial or come to a conclusion during mediation. Several factors can affect whether your case settles or goes to trial.
The strength of your evidence directly affects your ability to negotiate. For example, if you suffered an injury in a car accident and immediately saw a doctor, you can produce the following evidence:
If you took photographs of the accident scene and your injuries, you may have enough evidence to support a claim of negligence as well, but you should prepare for the defense’s response.
The most common defense in a personal injury case is an allegation of shared negligence. For example, suppose you slipped and fell on another person’s property. In that case, the property owner may argue that you should have seen the hazardous condition that caused your fall, or you entered an area of the property where you should have assumed a certain level of risk.
Most states address the issue of shared fault with the comparative negligence rule. This rule allows you to recover a portion of compensation after removing your percentage of fault. Your eligibility depends on your state and what version of comparative negligence they follow.
Most states follow modified comparative negligence, which only allows you to receive compensation if you are not more responsible for the accident than the defendant. Fewer states follow the pure comparative fault rule, which mandates payment for the plaintiff even if they are primarily responsible.
Should I Settle My Personal Injury Claim?
The decision to settle is one of the most important choices regarding a personal injury claim. Insurance companies often push you to accept an offer because it is in their interest to wrap up a claim swiftly. They may bring multiple offers to the table to put pressure on. Dealing with mounting medical expenses and being out of work could make a settlement offer seem worthwhile. It is essential to have an experienced personal injury attorney guide you through this process.
There are two important considerations before deciding to settle: knowing how close you are to finishing medical treatment and understanding the extent of your injuries. As attorneys, we are concerned with the totality of your condition, which includes pain and suffering. We determine various economic and non-economic losses that apply and use these to calculate the actual value of your case. An experienced attorney has a reasonably good idea of what your case is worth from the start and knows how to frame a demand for damages.
You never want to impulsively settle a claim because there is no going back once the decision is final. Taking a settlement means you have no right to seek further compensation if your physical condition worsens, and you need additional medical treatment. The outcome of an inadequate settlement could have catastrophic consequences for your future.
Sometimes, it is impossible to reach a settlement through informal negotiations in an insurance claim. A personal injury lawsuit is an important option to seek a larger damage award that fits your circumstances. An experienced personal injury attorney knows how to handle these cases and aggressively fights for you.
What is the Statute of Limitations for Personal Injury?
All personal injury claims are subject to a statute of limitations; this is a limit on the amount of time you have to file a lawsuit after your injury. Each state sets statute of limitations time frames and possible exceptions to them. These vary from one to six years, so it’s crucial to determine the statute of limitations in your state for your specific circumstances.
The statute of limitations for most personal injury lawsuits is two years in Texas, but you have four years in Utah. If you don’t file a lawsuit in court before these times expire, the court will likely reject your claim. The clock usually starts counting down on the day of your injury.
A single state can have different statutes of limitations for each category of personal injury claim. You may have four years to file a lawsuit for medical malpractice, but only two years for a wrongful death suit, for instance.
If the statute of limitations expires in specific circumstances, you may still qualify to file a lawsuit. Each state has its own exceptions. Some of these fall under the discovery rule, and most states allow them.
In these cases, you didn’t have time to file a lawsuit within the specified time frame. If you’re able to pursue your claim, the statute of limitations begins when you’re made aware. Other potential exceptions include cases where the plaintiff is a minor or mentally disabled and those where the defendant leaves the state where your injury occurred.
Guidelines for filing a lawsuit against a governmental entity are stricter than for other types of personal injury claims. For these and all other personal injury claims, ask your personal injury attorney from Fielding Law about your statute of limitations to ensure that you don’t miss the deadline.
If you sustained injuries in an accident caused by someone else’s negligence, you might qualify to receive compensation through a personal injury claim. We at Fielding Law know that there are many personal injury attorneys to choose from, and we’d like to tell you why we stand out from the rest.
You can trust Fielding Law to represent your interests aggressively. We understand that you didn’t ask for your injuries, and we want to help you get the amount of compensation you deserve. When you hire Fielding Law, your case becomes our focus. Your job is to recover from your injuries, and our job is to negotiate with liable insurance companies on your behalf.
You can reach us 24/7 at (877) 880-4090 or by using live chat on our website. You can also submit our free case evaluation online request form. We want to show you why many Texas and Utah residents rely on Fielding Law to represent them; let us assist you too.