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Fiol Law Group Blog

What to Do After a Hit-and-Run in Tampa, FL

Fiol Law Group|Posted in Car Accidents on March 21, 2021

A hit-and-run is one of the most devastating types of car accidents, as the injured victim may not receive the immediate medical care he or she needs to survive. Unfortunately, many drivers in Tampa, Florida commit hit-and-runs each year out of a fear of facing the consequences of their actions. If you get into a hit-and-run accident in Tampa, take the following steps to protect yourself. Check Yourself and Others for Injuries If a hit-and-run driver strikes your vehicle, pull over to the side of the road in a safe place, out of traffic. Turn your hazard lights on and use road triangles or flares, if you have them. Check yourself and others involved in the car accident for injuries. If you were struck as a pedestrian, try not to move unless you are in danger of imminent harm. Moving too suddenly or in the incorrect way could make a… read more

How Is Fault Determined in a Tampa Car Accident?

Fiol Law Group|Posted in Car Accidents on March 20, 2021

If you get injured in a car accident, one of your first questions may be, “Who is at fault?” In most states, this question must be answered before you can file an insurance claim for a physical injury or property damage. In Florida, however, fault may not be necessary to determine. Florida Is a No-Fault Car Accident State Most states in the country apply a fault-based or tort-based insurance law to car accident claims. Under this system, the driver guilty of causing the car accident will be financially responsible for related injuries and damages. Florida, however, is one of 12 states that operate under a no-fault system. After a car crash in Tampa, you will file your initial insurance claim with your own car insurance provider, even if you did not cause the accident. You will seek benefits from your personal injury protection (PIP) insurance. This is a required type… read more

Do I Have to Go to Court After a Car Accident?

Fiol Law Group|Posted in Car Accidents on March 19, 2021

It is a common misconception that filing a car accident claim or lawsuit will always result in a court trial. In reality, about 95% of personal injury cases settle without going to court. Achieving a successful settlement out of court can save you time and money as a claimant. Yet, in some cases, going to court can result in better case outcomes. The best way to find out if you have to go to court after a car accident is by consulting with a Tampa car accident attorney. What Is an Insurance Settlement? An insurance settlement is a legal agreement between a car accident victim and a car insurance company. It is a legally binding document that exchanges financial compensation to reimburse the plaintiff’s medical expenses, property repairs, lost wages, and other damages for releasing the insurance company from any further liability. If a car accident case settles, it comes… read more

Can I Sue as a Passenger in a Florida Car Accident?

Fiol Law Group|Posted in Car Accidents on February 26, 2021

You may know how to handle a car accident insurance claim as an injured driver, but the process is not the same as an injured passenger. While it can be easier to obtain an insurance settlement, since you were not at fault, you may or may not have the right to sue the at-fault driver in Florida depending on the circumstances of the crash. Who Is Liable for Your Injuries? In Florida, the driver or party at fault for causing the car accident may not be the person who has to pay for the damages through his or her insurance company. Florida is a no-fault state, meaning all injured parties will seek compensation from their own insurers, regardless of fault. As an injured passenger, however, you may not have to file a claim with your own car insurance company, as you would if you were the driver of the vehicle…. read more

What Is an Expert Witness in an Auto Accident Claim?

Fiol Law Group|Posted in Car Accidents on February 25, 2021

If you are severely injured in an auto accident and wish to make a claim, you may hear the term “expert witness.” An expert witness can be an important ally during your injury claim. It is a professional who can provide key testimony as to the facts of your case. Find out what an expert witness is, whether you need one and how much it will cost. What Is an Expert Witness? An expert witness is someone who testifies on behalf of a party based on the unique knowledge or expertise he or she possesses on a certain subject. To qualify as an expert witness, a party must have significant experience in his or her subject. The individual must currently work or teach in a relevant industry. An expert witness will take the stand or give a deposition as to his or her professional opinion on a fact that is… read more

What Damages Can Be Recovered in a Wrongful Death Case?

Fiol Law Group|Posted in Wrongful Death on February 24, 2021

Wrongful death is a tragedy that no family should have to cope with. Although nothing can make up for the devastating loss of a loved one, a wrongful death claim has the power to bring family members justice by providing the financial compensation they need to pay the bills. Find out what damages can be recovered in a wrongful death case in Florida. Funeral and Burial Costs Surviving family members or the estate of the deceased person can recover compensation to pay for the costs of a funeral and/or burial, within reason. In most cases, an insurance company will provide up to $10,000 to pay for the decedent’s funeral and burial. The amount offered, however, will depend on the exact economic costs of the services. Medical Expenses Many wrongful death cases seek financial compensation for what a deceased individual or his or her family had to pay in medical expenses… read more

Personal Injury Mediation: How The Process Goes

Fiol Law Group|Posted in Personal Injury on January 15, 2021

Mediation is one of the most efficient ways to resolve a personal injury claim. While a full-blown trial can take a great deal of time and money, mediation is fast and relatively inexpensive. It is a form of alternative dispute resolution that many parties use to achieve settlements and avoid the hassle of a trial. Here’s what to expect from the process if you choose personal injury mediation in Florida. Consultation With an Attorney Before you begin the personal injury lawsuit process, find a personal injury lawyer in Tampa to represent you. Hiring a lawyer for mediation can improve your odds of achieving a successful resolution, as your lawyer will use proven negotiation strategies during the meeting. A lawyer will make sure an insurance company does not take advantage of you during mediation and will not settle for less than your case is worth. Your lawyer can also represent you… read more

The Personal Injury Lawsuit Process: What You Need to Know

Fiol Law Group|Posted in Personal Injury on January 15, 2021

Unless you have a background in law or insurance, you will not be versed in the personal injury lawsuit process as an injured victim. It is normal to have questions about what to expect. Although every case is unique, most follow similar patterns in the pursuit of financial recovery. Review the legal process for your case with a Tampa personal injury attorney for more details. Initial Consultation With a Personal Injury Lawyer A lawyer can do more than just explain the legal process – he or she can guide you through it, taking you from step to step. Thus, the first thing to do when pursuing a personal injury claim is to arrange a consultation with a lawyer in your city. A local lawyer will understand the municipal laws you need to know for your case. During the initial meeting, you will have the chance to ask questions and receive… read more

7 Questions to Ask a Personal Injury Lawyer

Fiol Law Group|Posted in Personal Injury on January 15, 2021

The search for the right personal injury lawyer is an important part of your case. You need to find an attorney who not only has experience in your practice area but shares your goals for the case. Choosing the right lawyer can be daunting due to the number of options in your city. The best way to make the right choice is to schedule an initial consultation (most personal injury lawyers offer them for free) so you can get to know the lawyer by asking key questions. 1) How Long Have You Been Practicing Personal Injury Law? The lawyer you choose should have enough experience in personal injury law to make you feel confident in his or her skills and abilities. Search for a lawyer with at least several years of experience representing clients specifically in personal injury law. Personal injury is not like other types of law, such as… read more

What Are the 4 Ds of Medical Negligence?

Fiol Law Group|Posted in Hospital Negligence on January 6, 2021

Medical malpractice describes a hospital or practitioner’s preventable mistake harming or taking the life of a patient. If you sustain a serious injury as a result of medical malpractice, you have the right to file a lawsuit in Florida. However, it is your responsibility to prove your claim is more likely to be true than not true. Before you can recover financial compensation, you must prove the four Ds of medical malpractice. Duty The first D is a duty. Duty refers to the duty of care; specifically, a health care provider’s duty of care in a medical malpractice claim. All physicians, surgeons, nurses, dentists, and other health care practitioners owe legal duties of care to their patients. These duties of care help ensure proper patient treatment. They include:   Providing care to a patient even if he or she cannot pay. Listening to a patient’s symptoms. Respecting the patient’s requests…. read more

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