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Fiol Law Group Blog

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

Florida’s Personal Injury Damage Caps

Fiol Law Group|Posted in Personal Injury on January 6, 2021

After an accident in Florida, you can seek damages for your injuries, property damage, and related losses. Damages refer to financial compensation, typically from the person or party who caused the accident. Some states, including Florida, impose damage caps on personal injury claims. These caps limit how much compensation is available to the injured person. What Are Damage Caps? Damage caps are laws that place a maximum on the amount of financial compensation available for an accident victim’s losses. Once an award reaches this cap, the victim cannot recover any further compensation, even if a jury awarded an amount that exceeds the state’s cap. The purpose of a damage cap is to discourage frivolous or fraudulent personal injury claims. Limiting the number of damages available may dissuade someone from bringing a claim solely to pursue a large award. Damage caps can also protect a community by limiting an entity’s financial… read more

Does Car Insurance Cover Hit-and-Runs in Florida?

Fiol Law Group|Posted in Car Accidents on January 6, 2021

A hit-and-run accident means the at-fault driver flees the scene of the car accident without stopping to see if anyone is injured or exchanging his or her information, as the law requires. After an ordinary car accident in Florida, both drivers exchange insurance information for use during the claims process. If one driver commits a hit-and-run, this could make the recovery process more difficult. What Is Florida’s No-Fault System? Florida is one of the only true no-fault states in the country. In a no-fault state, the blame for a car accident will not matter. All parties involved in the crash will seek benefits from their own insurance providers, regardless of who was at fault. In a fault state, the fault is significant. If you get into a collision in a fault state, you will file a claim with the at-fault driver’s insurance company for benefits. In Florida, however, fault generally… read more

What Is Considered a Catastrophic Injury in Florida?

Fiol Law Group|Posted in Personal Injury on November 24, 2020

You could suffer many different types of injuries in an accident in Florida. A bad accident could lead to more severe personal injuries than a minor accident. On a legal level, a catastrophic injury describes the most severe types of personal injuries. They are the injuries that will most likely stay with a victim for life, such as a permanent disability or severe disfigurement. A catastrophic injury negatively impacts a victim’s quality of life and the ability to earn a living wage. Determining whether Florida law considers your injury catastrophic can help you seek fair compensation for your related losses. Types of Catastrophic Injuries Florida is a no-fault car accident state. Under this car insurance rule, an injured crash victim can only recover financial compensation from the negligent or at-fault party if the victim has serious injuries. A serious injury under Florida’s threshold (Florida Statutes 627.737) is one that causes… read more

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