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Fiol Law Group Blog

Who Is Responsible for Injuries Caused By Nature?

Fiol Law Group|Posted in Lawsuits on July 20, 2019

Human error is the main cause of serious accidents, injuries and deaths in Florida each year. Yet, as thousands have experienced, Mother Nature can also cause significant damage. When a natural event or disaster causes personal injuries, it can be more difficult to obtain financial recovery for damages. A few legal options may be available to you, however, depending on the situation. Seek Benefits From an Insurance Provider The best way to ensure coverage for injuries caused by nature is by purchasing adequate insurance in Florida. Comprehensive vehicle and homeowner’s insurance can cover damages that stem from acts of God. Acts of God refer to events that no person could reasonably have predicted or prevented. Comprehensive insurance plans may cover the costs of property repairs and medical bills for injuries after many different events. Hurricanes Tornadoes Tropical storms Floods Severe rain or wind Lightning Hail Fires Sinkholes You will not… read more

13 More Crazy Laws in Florida

Fiol Law Group|Posted in Uncategorized on July 19, 2019

For the most part, legal matters are not funny. The legal industry often involves serious topics such as personal injuries and criminal allegations. Legal topics are often not very entertaining, either…with a few outstanding exceptions. Florida is notorious for news stories involving crazy people, but it is also home to some wild and irrational laws. We previously listed 18 of Florida’s craziest laws. Here, we bring you 13 more. Owning a Computer In 2013, Florida lawmakers passed House Bill 155 intending to prohibit electronic gambling devices. The bill effectively made internet cafés, slot machines and similar gambling enterprises illegal in the state. Yet the wording of the bill was so vague that it unintentionally banned all computers in the state as well. Being Annoying in Public One Florida statute, section 823.01, makes it a crime to annoy the community. The statute does not give any parameters, so almost anything could… read more

8 Preventable Summertime Injuries

Fiol Law Group|Posted in Safety on June 25, 2019

There’s no doubt people have more fun in the sun. Good weather conditions mean more people are outside, on vacation, playing sports, and enjoying other outdoor activities. Most people never consider all this fun might increase the risk of injury during the summer. Summer injuries are some of the most common, but also the most preventable. It is important to know the facts about summer injuries to help you and your family enjoy the safest summer yet. Here is a list of 8 preventable personal injuries that our Tampa personal injury attorneys see most commonly during the summer seasons. Water Injuries Summer is swimming season. This means that water injuries are specifically high in swimming pools. Drowning is the second leading cause of death in children up to age 14. Drowning is the worst swimming injury and other injuries may include slip & falls, and broken bones. Some useful pool… read more

How Can I File a Claim Against a Plastic Surgeon?

Fiol Law Group|Posted in Uncategorized on June 20, 2019

In 2018, Americans spent more than $16.8 million on cosmetic surgery, and yet a vast 20 percent of individuals are typically disappointed with their results. The question arises whether their disappointment is a result of their own perceptions or surgeons performed their procedures incorrectly. In either scenario, the fact is the disappointed patients spent thousands of dollars. Individuals may file a lawsuit for botched plastic surgery, but it may be more difficult to prove medical malpractice than in other situations. If you wish to sue for a botched plastic surgery, contact a personal injury attorney who can help you with your case Is Cosmetic Surgery Considered Medical Malpractice? Although several people may think that cosmetic surgery is purely based on physical appearance, plastic surgery can help heal a number of medical conditions and deformities that would otherwise negatively impact an individual’s life. For this reason, many juries consider cosmetic surgery… read more

Can I Get a DUI if I’m Parked?

Fiol Law Group|Posted in Safety on May 30, 2019

Many gray areas exist regarding what the public truly knows about civil law. Many issues hinge on small technicalities that determine whether someone has technically broken the law or not. One such example lies in the phrase “driving under the influence.” This may seem extremely straightforward, but gray areas come in when someone asks if drinking in a parked car counts as a DUI. Or if sleeping in your car while intoxicated, instead of driving home, truly is the safest option both physically and legally. Driving under the influence typically implies that the driver has consumed, in some way, a substance that alters their state of being. Illicit drugs, alcohol, and even prescription medication fall under this umbrella. However, a DUI charge can also apply to those who fall asleep at the wheel. DUI While Sleeping Each state determines whether a driver can be charged with DUI while sleeping in… read more

Samaritan Law: Can You be Sued for CPR?

Fiol Law Group|Posted in Uncategorized on May 28, 2019

It might seem like common sense to help others in need. For some individuals it sounds irresponsible to succumb to bystander effect, or to leave another person who is in need to respect their privacy. However, not all individuals think this way – including those that need saving. In some cases, being a good Samaritan could lead to legal action, initiated by the individual that was saved. The American Heart Association (AHA) encourages individuals who are not medical professionals to learn cardiopulmonary resuscitation (CPR). Their intent is to prevent unnecessary deaths caused by cardiac arrest that take place outside of the medical setting. Brain death begins to take effect between and four and six minutes after a heart attack – this makes reaction time crucial in administering CPR. Pushing through bystander effect, the AHA hopes to save lives by equipping civilians with tools and knowledge. Good Samaritan Law Under typical… read more

Top 3 Auto Recalls in U.S.

Fiol Law Group|Posted in Uncategorized on April 16, 2019

It is the legal duty of every automaker to exercise reasonable care in the design, creation, and marketing of its vehicles. If a vehicle manufacturer falls short of these duties, the results can be catastrophic. Drivers depend on manufacturers for reasonably safe and reliable vehicles. Unfortunately, many autos have fallen short over the years– often to save money – and caused life-changing personal injuries. Here are the top three auto recalls in the United States, as of 2019. Takata Airbag Recall The number one largest recall in auto industry history is Takata airbags. From 2013 to present day, 41.6 million vehicles are under recall for containing potentially dangerous Takata-brand airbags. The National Highway Traffic Safety Administration warns consumers that the airbags could explode when deployed due to defects that cause issues after long-term exposure to heat and humidity. Exploding Takata airbags could cause serious injuries or death to vehicle occupants… read more

How Long Do You Have to File a Wrongful Death Claim in FL?

Fiol Law Group|Posted in Wrongful Death on March 13, 2019

Every state has statutes of limitations. These are laws that place a time limit on how long an injured party has to file a civil claim. Statutes of limitations exist to keep the justice system fair. Without a deadline for filling, plaintiffs could wait until valuable evidence no longer exists to file – thus creating an unjust situation in which the defendant may not be able to defend him or herself. It is critical to understand the statute of limitations on Florida wrongful death claims if you recently lost a loved one. Florida Statutes Section 95.11 The text of Florida’s statute of limitations on wrongful death claims is in Section 95.11 of the Florida Statutes. This law states that all parties bringing claims founded on negligence have four years in which to do so. In a typical personal injury claim, the claimant would have four years from the date of… read more

5 Elements for a Valid Product Liability Claim

Fiol Law Group|Posted in Safety,Uncategorized on March 6, 2019

A product liability claim aims to hold a manufacturer or distributor legally responsible for releasing an unreasonably dangerous product to consumers. Product liability claims may be appropriate if a defective auto part, medical device, food item, or other product caused consumer injuries, illnesses, or deaths. As the victim of a defective or dangerous product, you may be eligible for compensation from the at-fault party. To receive this compensation in Florida, however, you or your lawyer will have to prove four (or five) main elements. The Product Contained a Defect A product defect is something that makes the item pose an unreasonable risk of harm to consumers, even if used correctly. You or your lawyer must prove that the item contained a defect. All defective product claims center on at least one of three types of defects: manufacturing, design, and marketing. A manufacturing error is a mistake made during the production… read more

Warning Signs of Major Brain Injury

Fiol Law Group|Posted in Car Accidents,Safety,Uncategorized on February 19, 2019

Brain injuries can range in severity from mild to serious. However, major or traumatic brain injuries can result in lasting and permanent neurological damage that can impact the rest of your life. If you suffer a major brain injury, you can suffer from a loss of consciousness for over six hours and even fall into a coma. If you notice the signs of a traumatic brain injury, it is important to receive medical attention as soon as possible. Causes of Major Brain Injury in Florida A number of different accidents can cause traumatic brain injuries. Car accidents, falls from high places, slips and falls, acts of violence, and hitting another object can trigger a serious brain injury. All of these causes have one factor in common: a jolt, blow, or bump to the head that harms the normal functioning of the brain. According to the Center for Disease Control and… read more