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Fiol Law Group Blog

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

Florida Workers Compensation Laws and Helpful Links

On Behalf of Fiol Law Group|Posted in Uncategorized on August 5, 2018

In the state of Florida, most employers are required to carry workers’ compensation insurance. Unfortunately, there are laws set in place that favor the employer, making it more difficult on an employee applying for benefits. These laws make it that much more important that you consult with a workers’ compensation attorney. We are available to help you through this process as well as further explain these workers compensation laws. Statute of Limitations 30 days to report your injury to your employer, although there are exceptions (440.185) Two years to file a petition for benefits for an injury or death resulting from work (440.19) Limits on Benefits Minimum of $20/week, maximum of $917/week as of 01/01/2018 (FL Rate Table) Temporary Total Disability (TTD) benefits = 66.67 % of your avg. weekly wages, 80% for critical injuries (440.15(1)) Temporary Partial Disability (TPD) benefits = 80% of the difference between 80% of your… read more

Timeline of a Lawsuit in Florida

On Behalf of Fiol Law Group|Posted in Lawsuits on August 4, 2018

Going through the process of a lawsuit is not something you want to do on your own. It can be a daunting procedure that may be time consuming and unexpected issues can arise, whether you are suing someone, being sued, or being called as a witness. Our experienced team of attorneys are available to explain and walk you through these steps: Pre-litigation Negotiation Before litigation begins, an attorney will write on behalf of the Plaintiff (person or business bringing the lawsuit) to the Defendant (the person or business being sued) demanding settlement. If an agreement is made, then no further steps need to be taken. This process takes around a month or less. Pleadings The Complaint An attorney will prepare this legal document which sets out the claims and injuries the Plaintiff has against the Defendant. Typical preparation time is about two weeks. The Answer The Defendant typically has around… read more

Who is at fault when a self driving car kills?

On Behalf of Fiol Law Group|Posted in Car Accidents,Lawsuits on August 3, 2018

Who takes the fall for a self driving car that’s involved in an accident and kills someone? The blame has to land somewhere. Is it the operator, the owner, the manufacturer, a little of each? The debate is ongoing and the answer is still unclear. The First Incident Unfortunately, this issue reared its ugly head when the first death from an autonomous vehicle on a public road occurred in March of this year. 49-year-old Elaine Herzberg was crossing a street in Tempe, Arizona on the night of March 18 when she was suddenly struck. Herzberg was walking with a bike outside of a crosswalk. The vehicle, which was owned by Uber, had an operator in the car. The vehicle did not slow down and was traveling at almost 40 miles per hour. Police did not suspect the operator of being impaired. Immediately following the terrible event, Uber put a hold… read more

The Basics of Contingency Fee Agreements

On Behalf of Fiol Law Group|Posted in Lawsuits on June 13, 2018

A lawsuit is the best method an injured person has of recovering compensation for damages after an accident caused by another party’s negligence. However, legal representation generally isn’t cheap, and many plaintiffs cannot afford legal representation out of pocket. For this reason, many personal injury attorneys offer billing based on contingency agreements. What Is a Contingency Agreement? At a basic level, a contingency agreement is an “if-then” agreement; if the plaintiff wins his or her case, then he or she will pay legal fees to the attorney. This means the client has very little or no upfront expenses to worry about and can quickly start building a lawsuit. This may not sound advantageous for lawyers, but the reality is that contingency agreements allow them to be more scrupulous concerning the cases they take. Attorneys who operate on contingency- fee billing typically only accept cases they are sure they can win…. read more

Florida Good Samaritan Laws

On Behalf of Fiol Law Group|Posted in Lawsuits on June 11, 2018

When a person witnesses another person suffer grave injury, there is a natural inclination to help. However, in recent years, many people have come under fire for unintentionally injuring the people they meant to help. For this reason, many states have enacted “Good Samaritan” laws to protect people who act in good faith to help others. The Fiol Law Group has a very successful track record of cases in Central Florida, and our team hasn’t lost a single case in the last two years. We want residents of Tampa, Orlando, and the rest of Florida to know we are available for representation in the event of a “Good Samaritan” issue. If you attempted to offer aid to a person and that person turns around and attempts to take legal action against you, we can help. Understanding Good Samaritan Laws Modern Good Samaritan Laws derive their name from the Biblical fable… read more

Tips for Testifying in Court

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

Testifying in court is a serious affair. Whether it is a criminal or civil case, your statement could determine another person’s fate. The significance of your responses can make testifying a nerve-wracking experience. It is important to keep some things in mind as you prepare to testify in court. Refresh Your Memory You probably have no idea what the opposing attorney is going to ask as you head up to the witness stand. There is no way to have prepared responses to every question. It is important to refresh your memory to respond properly to the questions. Picture the scene: the objects around you, the events exactly as they happened, and any other details that are relevant to the incident. If you can have the details fresh in your mind, it will be easier to answer the opposing attorney’s questions. If he or she asks you about specific details such… read more

What Is SB 7026?

On Behalf of Fiol Law Group|Posted in Safety on May 21, 2018

The United States has an unprecedented number of shootings, many of which occur in schools. The recent school shooting in Parkland, Florida, at Marjory Stoneman Douglas High School shocked the nation and intensified the debate around gun control in the United States. Florida legislators took action earlier this month and passed Senate Bill (SB) 7026. What Does SB 7026 Enact? SB 7026, also referred to as the “Marjory Stoneman Douglas High School Public Safety Act,” enacts the following into Florida law and society: Authorizing the awarding of grants through the Crime Stoppers Trust Fund for student crime-watch programs Establishing the Office of State Schools within the Department of Education Providing that each sheriff can appoint certain volunteer school employees as guardians Prohibiting a person who struggles with mental issues from owning or possessing a firearm until he or she obtains certain relief Setting an age limit on firearm purchases Prohibiting… read more

What Is Florida’s 14-Day Rule in PIP?

On Behalf of Fiol Law Group|Posted in Car Accidents on April 23, 2018

It can be difficult to navigate Florida’s “no-fault” auto insurance laws. One issue that often arises after a collision is Florida’s 14-day rule in personal injury protection (PIP) insurance. It’s very important to understand the 14-day rule as a crash victim. Otherwise, you could face major hurdles in trying to secure benefits – or lose your right to compensation entirely. Here’s a breakdown of how the personal injury protection rule works. What Is the 14-Day Rule? You must obtain medical care within 14 days if you suffer injuries in a traffic accident in Florida, or else run the risk of your insurance company denying your claim. Florida Statute 627.736, the no-fault insurance law, is the law that requires medical attention within 14 days. Subsection 1a states that an insurance policy must cover at least 80% of a victim’s medically necessary care as long as the individual receives the initial medical… read more

What is Florida’s No-Fault Insurance or PIP?

On Behalf of Fiol Law Group|Posted in Car Accidents on February 13, 2018

Florida’s no-fault insurance applies to every car accident across the state, and an attorney who understands these complex laws will be your best ally. This law requires everyone to have their own no-fault insurance so they can cover themselves, no matter who was at fault in the accident. It is also known as personal injury protection, or PIP. PIP also applies to pedestrians and cyclists injured by vehicles and children injured on school buses. The no-fault insurance is a $10,000 insurance policy that the law forces you to have. Its purpose is to pay the medical bills or lost wages a victim may suffer after accident. If, at any point, you get in an accident, no matter who is at fault, you may receive up to $10,000 – depending on the circumstances. After an accident, all people involved deal with their own their own insurance companies. One of the technicalities… read more