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Fiol Law Group Blog

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

Types of Negligence in Florida Personal Injury Cases

Fiol Law Group|Posted in Lawsuits on November 17, 2020

The legal doctrine of negligence is the center point of most personal injury cases. It is generally necessary to prove negligence to obtain financial compensation for an injury. Proving negligence will establish liability for an injury and related losses, such as lost wages and medical bills. A personal injury case can involve a few different types of negligence under Florida law. Standard Negligence The most common type of negligence is standard negligence. Standard or general negligence refers to a breach of the duty of care. Most circumstances place a duty of care with one or more parties. Driving a motor vehicle, for example, places a duty of care on the driver to reasonably prevent accidents. If someone carelessly breaches his or her duties of care, this is negligence. A breach of duty can describe any action or omission that a reasonable and prudent party would not make in the same… read more

How to Get the Best Outcome for Your Personal Injury Case

Fiol Law Group|Posted in Lawsuits on October 26, 2020

A successful personal injury case in Florida could pay you for your past and future losses after a harmful accident. How you handle your personal injury case, however, can affect its outcome and the results you obtain. Improve your chances of success with a few simple tips. Avoid Common Mistakes Filing parties (plaintiffs) make many common mistakes during personal injury cases in Florida. These mistakes can have repercussions that range from diminished financial awards to denied benefits or losing the right to file at all. One of the best things you can do for your personal injury case is to avoid common errors. Stay off social media. Do not give an insurance company a recorded statement. Do not settle your claim too quickly. Do not forget future damages when describing your losses. Do not admit fault for the accident. Do not fail to call the police for a serious accident…. read more

Signs of Nursing Home Abuse & Neglect

Fiol Law Group|Posted in Nursing Home Abuse on October 20, 2020

No family wants to imagine the possibility of nursing home abuse or neglect when it entrusts the care of an elderly relative to a facility in Tampa. The sad reality, however, is that not all nursing homes live up to the expected standards of resident care. Some try to save money through understaffing and cutting corners in resident safety. Others employ criminals who intentionally abuse, neglect and injure vulnerable elderly residents. Staying vigilant for possible signs of nursing home abuse and neglect could help you spot these wrongs and take swift action. Physical Signs Be on the lookout for one of many possible physical signs of nursing home abuse and neglect. Each time you visit your loved one or see him or her through video chat, pay attention to how your loved one looks. Make note of any new or unusual injuries, as well as the overall appearance of your… read more

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