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Fiol Law Group Blog

What Is Considered a Catastrophic Injury in Florida?

Fiol Law Group|Posted in Personal Injury on November 24, 2020

You could suffer many different types of injuries in an accident in Florida. A bad accident could lead to more severe personal injuries than a minor accident. On a legal level, a catastrophic injury describes the most severe types of personal injuries. They are the injuries that will most likely stay with a victim for life, such as a permanent disability or severe disfigurement. A catastrophic injury negatively impacts a victim’s quality of life and the ability to earn a living wage. Determining whether Florida law considers your injury catastrophic can help you seek fair compensation for your related losses. Types of Catastrophic Injuries Florida is a no-fault car accident state. Under this car insurance rule, an injured crash victim can only recover financial compensation from the negligent or at-fault party if the victim has serious injuries. A serious injury under Florida’s threshold (Florida Statutes 627.737) is one that causes… read more

Types of Negligence in Florida Personal Injury Cases

Fiol Law Group|Posted in Lawsuits on November 17, 2020

The legal doctrine of negligence is the center point of most personal injury cases. It is generally necessary to prove negligence to obtain financial compensation for an injury. Proving negligence will establish liability for an injury and related losses, such as lost wages and medical bills. A personal injury case can involve a few different types of negligence under Florida law. Standard Negligence The most common type of negligence is standard negligence. Standard or general negligence refers to a breach of the duty of care. Most circumstances place a duty of care with one or more parties. Driving a motor vehicle, for example, places a duty of care on the driver to reasonably prevent accidents. If someone carelessly breaches his or her duties of care, this is negligence. A breach of duty can describe any action or omission that a reasonable and prudent party would not make in the same… read more

How to Get the Best Outcome for Your Personal Injury Case

Fiol Law Group|Posted in Lawsuits on October 26, 2020

A successful personal injury case in Florida could pay you for your past and future losses after a harmful accident. How you handle your personal injury case, however, can affect its outcome and the results you obtain. Improve your chances of success with a few simple tips. Avoid Common Mistakes Filing parties (plaintiffs) make many common mistakes during personal injury cases in Florida. These mistakes can have repercussions that range from diminished financial awards to denied benefits or losing the right to file at all. One of the best things you can do for your personal injury case is to avoid common errors. Stay off social media. Do not give an insurance company a recorded statement. Do not settle your claim too quickly. Do not forget future damages when describing your losses. Do not admit fault for the accident. Do not fail to call the police for a serious accident…. read more

Signs of Nursing Home Abuse & Neglect

Fiol Law Group|Posted in Nursing Home Abuse on October 20, 2020

No family wants to imagine the possibility of nursing home abuse or neglect when it entrusts the care of an elderly relative to a facility in Tampa. The sad reality, however, is that not all nursing homes live up to the expected standards of resident care. Some try to save money through understaffing and cutting corners in resident safety. Others employ criminals who intentionally abuse, neglect and injure vulnerable elderly residents. Staying vigilant for possible signs of nursing home abuse and neglect could help you spot these wrongs and take swift action. Physical Signs Be on the lookout for one of many possible physical signs of nursing home abuse and neglect. Each time you visit your loved one or see him or her through video chat, pay attention to how your loved one looks. Make note of any new or unusual injuries, as well as the overall appearance of your… read more

Common Causes of Injuries to Health Care Workers

Fiol Law Group|Posted in Safety on October 14, 2020

Health care is a difficult, strenuous, and often dangerous industry for workers. Long hours on the job, exposure to biohazards and viruses, and repetitive movements could all lead to health care worker injuries or illnesses. if you or someone you know is a health care worker in Tampa, find out how to recover compensation after being injured on the job. Types of Injuries Health Care Workers Face It is not uncommon for nurses, doctors, physicians assistants, and other health care workers in Florida to suffer personal injuries and illnesses during occupational tasks. Health care workers face threats to their health and safety daily. These threats include repetitive motions, repetitive stress, overexertion, fatigue and exhaustion, patient handling, needle sticks, slip and fall accidents, violent patients, and viruses or infectious diseases. Hazards in a health care setting can result in many different injuries to workers. Soft-tissue injuries Muscle sprains and strains Back… read more

Who Is At Fault in a Merging Lanes Accident?

Fiol Law Group|Posted in Car Accidents on August 31, 2020

You are never truly safe from an auto accident. No matter how safely or prudently you drive, the possibility of another driver being negligent will always exist. One of the most common types of car accidents in Florida is a lane-change collision. A driver’s distraction, negligence or recklessness could cause a lane-change accident. It can be difficult to prove fault and obtain compensation for an accident while merging lanes in Florida. Your case may involve the doctrine of comparative negligence. Florida’s Rules for Merging and Changing Lanes Florida’s right-of-way laws are important to obey when it comes to switching lanes or merging. These are dangerous maneuvers that become even more so when one or both drivers do not fully understand the rules for changing lanes. According to state law, when merging, the driver who has the right-of-way is the one already traveling in the destination lane. When merging onto a… read more

What is Florida’s Comparative Negligence Statute?

Fiol Law Group|Posted in Lawsuits on August 17, 2020

Liability is a tricky matter during even a simple and straightforward personal injury case. When a case involves two or more parties that were negligent or the injured victim’s negligence, it can be even more difficult to resolve. Divided liability among multiple parties is such a debated subject that each of the 50 states has chosen its own way to handle these types of claims. The Florida legislature has adopted a pure comparative negligence system to apportion fault and award plaintiffs. If you have injuries from an accident in Tampa you might have contributed to, you may need a personal injury lawyer to help you navigate Florida’s comparative negligence statute. A defendant may try to use this doctrine against you to reduce or eliminate your recovery award. The right attorney could prepare you for this defense and optimize your ability to recover financial compensation. Is Florida a Comparative Fault State?… read more

Should You Hire an Attorney for a Slip & Fall Accident?

Fiol Law Group|Posted in Lawsuits on July 20, 2020

Slip, trip and fall accidents send thousands of victims to hospitals in Florida each year. Dangerous premises can contain defects such as wet or waxed floors that cause slip and falls. In these situations, the owner of the dangerous premises may be liable for failing to prevent the accident. If you recently slipped and fell as a result of a property owner’s negligence, you should consult a slip and fall accident attorney to go over your legal options. An attorney may be able to get you a bigger settlement then what the at-fault party offers without a lawyer present. How Does a Slip & Fall Case Work? A slip and fall case works on the legal doctrine of premises liability. Premises liability states that it is a property owner’s legal responsibility to maintain the safety of premises. If an owner negligently fails to do so and a visitor slips and… read more

FAQs About Tampa Nursing Homes During COVID-19

Fiol Law Group|Posted in Nursing Home Abuse on July 13, 2020

Florida has consistently had some of the highest case counts of COVID-19 since the pandemic began. Lax regulations from the state government, tourists visiting from around the world and the rushed reopening of nonessential businesses have contributed to the virus running rampant in Florida. As of mid-July, over 271,000 people in Florida have tested positive for the coronavirus. Over 4,000 victims have died. One of the most alarming aspects of the COVID-19 pandemic has been its impact on nursing homes. Nursing home residents are a high-risk group for the coronavirus. It is critical for a nursing home to upgrade its cleanliness and sanitation protocols to fight the virus, as well as take other steps to proactively protect residents. Unfortunately, not all nursing homes in the state are reacting appropriately. If you have a loved one in a nursing home in Tampa Bay during COVID-19, find out what you can do… read more

What Constitutes Medical Malpractice in Florida?

Fiol Law Group|Posted in Medical Malpractice on June 29, 2020

Medical malpractice is a personal injury practice area that describes the negligence of a health care practitioner injuring a patient. If a professional in the health care industry breaches a duty of care to a patient, resulting in preventable injuries, illnesses or death, the professional or facility could be liable for the patient’s damages. Filing a medical malpractice claim in Florida is how an injured patient can seek justice and compensation. Who Can File a Medical Malpractice Claim in Florida? Any patient can file a medical malpractice claim in Florida if he or she has evidence proving medical negligence. Patients have a right to expect reasonable and prudent care by their physicians and other health care workers. If someone breaches this duty of care, injuring the patient, the patient will have the right to file a medical malpractice claim in Florida. Although it is possible to file a claim pro… read more

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