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Fiol Law Group Blog

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

Understanding Florida’s Serious Injury Threshold

Fiol Law Group|Posted in Lawsuits on June 24, 2020

During a personal injury claim in Florida, you might hear the phrase, “serious injury threshold.” This is an important element that could determine your rights in terms of seeking compensation as the victim of an accident. Under Florida’s no-fault car insurance laws, victims may only be able to hold at-fault parties accountable if their injuries meet the serious injury threshold. Otherwise, they may have no choice but to seek compensation through first-party insurance claims. What Is a Serious Injury? A serious injury is one that significantly impacts the victim’s life. It is an injury that could affect a victim for months, years or life. A nonserious injury, on the other hand, is one that will heal quickly and completely without a great deal of pain, suffering and medical expenses. In Florida, Statute 627.737 gives a specific definition for serious injuries in terms of tort liability. This statute gives the state’s… read more

5 Reasons a Personal Injury Attorney Won’t Take Your Case

Fiol Law Group|Posted in Lawsuits on May 27, 2020

Finding the right personal injury attorney can give you hope for the future. It can inspire greater confidence during a difficult time in your life. If the lawyer you prefer decides not to take your case, however, you could find yourself back to square one. Luckily, there are steps you can take to improve the odds of a Tampa Bay personal injury lawyer accepting your case – starting with understanding common reasons for case rejections. Caseload Capacity Many law firms are careful with how many clients they accept at a time. Rather than operating a mill-type law firm that places profits over personal client attention, smaller and boutique-style firms are often selective in their clients to keep caseloads manageable. If you try to retain a lawyer from one of these firms at a busy time, he or she may have no choice but to deny your case for the time… read more

Common Types of Medical Malpractice

Fiol Law Group|Posted in Medical Malpractice on May 21, 2020

Medical malpractice is the failure of a medical professional, such as a doctor or nurse, to meet the necessary standards of patient care, resulting in patient harm. Medical malpractice is a common issue among hospitals and health care centers in the US. It leads to thousands of serious injuries as well as preventable patient deaths. Recognizing the most common types of medical malpractice or medical negligence could help you detect a hospital or doctor’s wrongdoing in Tampa Bay. If you detect signs of medical malpractice, work with a medical malpractice lawyer in Tampa to bring the defendant to justice. What Can Be Class as Medical Negligence? Medical negligence is a type of civil tort. It can give a patient or his or her loved ones the right to file a civil lawsuit. Florida Statute 766.102 defines medical negligence as a health care provider’s failure to carry out a surgical, medicinal… read more

Florida’s Nursing Home Generator Requirement & COVID-19 Liability

Fiol Law Group|Posted in Nursing Home Abuse on May 18, 2020

Florida’s hot summers are not something to contend with without electricity. Temperatures can rise to over 100 degrees Fahrenheit and feel even hotter with humidity. Lack of electricity is much more than an inconvenience. For vulnerable parties such as Florida’s large elderly population, a power outage can be deadly. In 2017, 12 residents at the Hollywood Hills Rehabilitation Center died after the building lost power from Hurricane Irma. The next year, Florida lawmakers passed legislation requiring generators at all nursing homes and assisted living centers. What Is Florida’s Nursing Home Generator Requirement? Florida passed the Nursing Home Emergency Power Plan to combat senior citizen deaths due to overwhelming heat in power outages – a common issue due to the state’s history of hurricanes. The law requires facilities that care for the elderly to implement backup power sources in case of electricity failures. Nursing homes must purchase and install sufficient generators… read more

The Worst Nursing Homes in Tampa Bay

Fiol Law Group|Posted in Nursing Home Abuse on May 4, 2020

Trying to find a suitable nursing home for your loved one in the Tampa area can be difficult. Fortunately, all nursing homes that are certified by Medicare and/or Medicaid are regularly evaluated based on standards of health, cleanliness, and acceptable service to residents. However, even when nursing homes are held to such stringent standards, many fail to meet acceptable standards of care – and worse, some may be much lower in standards. What are the worst nursing homes in Tampa?   With help from data visualization firm 1Point21 Interactive and data from Centers for Medicare & Medicaid Services (CMS), we compiled a comprehensive list of the lowest-rated nursing homes and long-term care facilities in the Tampa Bay area (as of May 4th, 2020). The Worst Nursing Homes in Tampa According to data collected by CMS, we found 69 nursing home facilities within a 25-mile radius of Tampa. Of these 69… read more

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