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Fiol Law Group Blog

18 Crazy Laws in Florida

On Behalf of Fiol Law Group|Posted in Lawsuits on November 8, 2018

Laws exist to help protect citizens and keep everyone’s rights safe. However, not all laws make complete sense, and every state has a few statutes on the books that are puzzling or simply outdated. Florida is no exception; numerous laws don’t quite make sense anymore. Here are some examples of some of the strangest Florida laws. 1. Parking Fines for Elephants Parking fines can be a hassle, but standard parking fees apply to any elephants tied to parking meters in Sarasota. 2. Swamp Buggies No Longer Motor Vehicles While swamp buggies are a popular form of transport in Florida, a law once revised the definition of motor vehicle to exclude them, derogating this mode of transportation. 3. Strapless Dress Regulations Under law, men cannot wear strapless dresses in public. However, the law does not regulate other types of dresses. 4. Doctors Inquiring About Patient Gun Ownership A previous law once… read more

Florida Defamation and Slander Laws

On Behalf of Fiol Law Group|Posted in Lawsuits on November 2, 2018

While not causing physical injuries, defamation and slander against an individual can still wreak havoc on someone’s life. A victim of defamation may lose his or her job, have trouble finding work, or suffer psychological stress from false claims. Those who suffer from these actions can potentially recover financial compensation in Florida. The state’s statutes have many laws related to defamation and slander. What Constitutes Defamation and Slander in Florida? Defamation of character under Florida law consists of four major elements: The publication of a false statement by the defendant The false statement was about the plaintiff The defendant published the false statement to a third party The statement caused injury or damage to the plaintiff An action must meet all four of these requirements to be an act of slander or defamation, and missing any of these elements will disqualify the act as grounds for a lawsuit. For example,… read more

The Difference Between Civil and Criminal Cases

On Behalf of Fiol Law Group|Posted in Lawsuits on October 30, 2018

Though TV and movies often conflate civil and criminal cases, from a legal perspective, they are very distinct from each other. Criminal cases seek justice for wrongs committed by an individual and generally involve prosecution from the state or federal court. Civil cases, by contrast, generally exist between two or more private parties and seek financial recourse for wrong-doing or negligence. Learn the differences between civil and criminal cases, as well as when these two might overlap. What Is a Criminal Case? A criminal case might exist when a state brings an action against an individual for violating a law outlined in the Florida Penal Code. Crimes, unlike civil cases, are offenses against society as a whole or at against the state of Florida. In other words, even though a person may assault another person, the law considers it a crime against everyone living in the state. As such, a… read more

Ex Tampa Bay Bucs Player Talks Painkillers and the NFL

On Behalf of Fiol Law Group|Posted in Safety on October 25, 2018

The newest season of the National Football League is in full swing, and it’s not without its fair share of controversy. The NFL has been in the legal spotlight several times in recent years, namely for ignoring the damaging effects of brain injuries like concussions and reports of chronic traumatic encephalopathy (CTE). Now, the NFL is in the courtroom once again: this time for the excessive use of medications to get players to play through the pain, to the detriment of their health and well-being. Playing Through the Pain A group of retired NFL players revived a lawsuit in September stating that they suffered permanent health effects and addiction to painkillers thanks to the league’s flagrant use of opioids and forms of analgesics. An appeals court in San Francisco overturned a ruling stemming from the original lawsuit filed in 2014. The initial ruling alleged that the suit did not carry… read more

Are Parents Liable for an Injury Their Child Causes in Florida?

On Behalf of Fiol Law Group|Posted in Lawsuits on October 23, 2018

Children make mistakes – it’s a natural part of growing up, learning, and evolving into adulthood. What happens when a child’s actions lead to another’s injury? Can a parent be proximally responsible for the actions of their children? In many situations, the answer is yes. To understand the role of a parent in a child’s negligence and when legal guardians may be responsible for damages the child incurs, talk with one of our attorneys. Parental Responsibility Laws Nearly every state in the U.S. has a parental responsibility statute on the books, and Florida is no exception. Parental responsibility laws make parents or legal guardians responsible for damages or injuries that their child causes to another. Generally, these laws only extend to intentional or malicious actions on the part of the child, but, in some cases, they may extend to accidental conduct, as well. Florida has specific requirements for parental responsibility…. read more

What Is a Settlement Mill?

On Behalf of Fiol Law Group|Posted in Lawsuits on September 21, 2018

When you’re looking for a personal injury attorney, you should always search to find the best fit for your case. While looking over different firms, there’s a chance you’ll come across a “settlement mill.” These firms tend to spend a lot on advertising and often appear to have high success rates. However, this is because they focus on volume and speed rather than getting the best results for their clients. How Does a Settlement Mill Work? A settlement mill operates by taking on cases with the intention of resolving them before heading to court. As the name suggests, they instead aim to resolve claims in the settlement stage, by reaching an agreement with the opposing party’s insurance company. A settlement mill will also often pressure clients into accepting low-ball compensation amounts and charge higher contingency fees if a client wants to take the case to court. A settlement mill may… read more

What Is Pro Se Litigation? How Do I Represent Myself in Florida?

On Behalf of Fiol Law Group|Posted in Lawsuits on September 19, 2018

All Florida citizens who enter the courtroom have a right to representation when facing a legal issue, but not all cases may necessitate the help of an attorney. Just as people have a right to representation, they also have the right to represent their own cases in court. Representing yourself in court is called pro se litigation. When you conduct pro se litigation and fight your own legal battle, you are taking on all aspects of your case. This involves filing the correct documents, meeting deadlines, negotiating with other parties, and serving as your representative in court. How Do I Represent Myself in Florida? When you decide to go with pro se litigation, you should first research the laws relevant to your case. This can include state statutes and legal precedents established by case law. Any substantive law related to your case will serve as the backbone of your arguments… read more

Access to Firearms in Florida

On Behalf of Fiol Law Group|Posted in Gun Safety on September 17, 2018

Mass shootings throughout the United States have created a great deal of scrutiny of gun laws at both federal and state levels. Florida, which has had several shooting incidents in its history, including the tragic Parkland school shooting that ended in 17 deaths, has some of the least restrictive gun laws in America. What Restrictions Does Florida Have on Gun Purchases? Florida laws may be lax, but there are some regulations in place that do put restrictions on gun purchases. Anyone who wishes to purchase a gun from a licensed dealer must pass a background check. If the person has a conviction for a felony or a misdemeanor related to domestic violence, he or she will not be able to purchase a gun legally. The buyer must be 18 years of age to purchase a rifle and 21 to purchase a handgun. There is a three-day waiting period between purchase… read more

Is Lane Splitting Legal in Florida?

On Behalf of Fiol Law Group|Posted in Uncategorized on August 23, 2018

One of the great joys of motorcycling riding is the feeling of freedom riders have when on the road. Riders often express this by exercising greater maneuverability on the road, including lane splitting. This common behavior, though, is often subject to criticism and is even illegal in many places. If lane splitting is a concern in a motorcycle accident case, contact one of our attorneys to discuss your situation. What Is Lane Splitting? Lane splitting refers to motorcyclists riding between two lanes of traffic that are traveling in the same direction. Essentially, lane splitting is riding between cars for greater mobility. This is a common practice among bikers, but few are certain about whether it is safe or legal. Regardless of safety, motorcyclists lane split often, and it is important to understand the legal implications of lane splitting in case you are ever in an accident. Can I Lane Split… read more

Receiving Social Security Disability Benefits in Tampa

On Behalf of Fiol Law Group|Posted in Uncategorized on August 16, 2018

Applying for social security disability insurance (SSDI) in Tampa, Florida, is notoriously difficult and time-consuming. You’ve earned these benefits through years of hard work, yet you often have to prove you are in need of this kind of assistance. Here are some helpful resources for getting social security or re-applying after a rejection. Applying for Benefits in Tampa Last year, Hillsborough County had the third highest payout from social security, behind only Broward and Miami-Dade counties. Thousands of Floridians apply for SSDI each year, but the agency rejects many out of hand for a variety of reasons. Sometimes the rejection happens because the applicant was not eligible, but in many more cases it is simply a matter of an incorrect submission. The best way to receive the money you have earned is to apply correctly the first time around. The application for social security disability insurance is the same across… read more