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Category: Uncategorized

Is Florida Still a No-Fault State? (2019)

On Behalf of Fiol Law Group|Posted in Uncategorized on October 11, 2019

After a vehicle collision, it is your duty as a driver to know how the insurance laws operate in your state so you can file a claim. Insurance laws will determine how to go about requesting compensation for your damages, such as medical bills and property damage repairs. Most states abide by fault-based laws, which hold the at-fault party accountable for his or her actions by making that driver’s insurance company pay for victims’ damages. In 12 states, however, no-fault insurance laws apply to car accidents. No-fault insurance requires every driver to file claims with their insurers, regardless of fault. As of 2019, Florida remains a no-fault state. How Do Florida’s Insurance Laws Work? Despite most states adopting fault-based insurance laws, Florida remains a no-fault car insurance state. Florida’s insurance laws hold that each party involved in a collision will seek damage restitution from their own insurance providers, with no… read more

Can I File a Claim if a Police Car Hits Me?

On Behalf of Fiol Law Group|Posted in Uncategorized on October 8, 2019

Police officers are just like other drivers. Despite being members of law enforcement, they can make mistakes behind the wheel that cause serious accidents. Driver distraction or negligence could contribute to a police car striking a pedestrian or another driver. If a police vehicle hits you in Tampa, you may have grounds to file an injury claim, with the help of a car accident attorney, against the entity the officer works for, such as the Tampa Police Department or the Florida Highway Patrol. The Florida Tort Claims Act Sovereign immunity is a legal doctrine that protects most government entities from civil lawsuits. It holds that a government’s position exempts it from liability for citizens’ damages. Most states, however, have counteracted sovereign immunity with Tort Claims Acts – laws exposing the government to liability in certain situations. In Florida, the State Constitution waives sovereign immunity for liability for specific torts. In… read more

Can You File an Injury Claim on Behalf of Someone in Florida?

On Behalf of Fiol Law Group|Posted in Uncategorized on September 23, 2019

A personal injury claim could grant an injured victim the justice he or she needs to move forward. A successful injury claim in Florida could end in compensation for losses such as pain and suffering, emotional distress, income losses and medical expenses. Sometimes, however, a victim suffers such severe injuries that he or she is unable to bring a claim alone. If your loved one suffered an incapacitating injury, such as a traumatic brain injury or spinal cord injury, you can get help from a Tampa Personal Injury attorney. Can You Legally File a Personal Injury Claim on Behalf of Someone Else? The law in Florida does not permit just anyone to bring a personal injury claim for another person. You will only have the right to file an injury claim on someone else’s behalf if you have a special relationship with that person. If you are friends with someone… read more

3 School Zone Driving Tips

On Behalf of Fiol Law Group|Posted in Uncategorized on September 10, 2019

The School season is in full swing, with millions of kids returning to classes in August and September. Whether you have school-aged children or not, it is important to refresh your knowledge of school zone driving tips to keep students in Tampa safe. Every year, distracted and negligent drivers cause school zone car accidents and related pedestrian injuries and deaths. Following a few simple tips could save a child’s life. Obey the Speed Limit School zones in Tampa have low speed limits for a reason. Driving any faster than 15 to 20 miles per hour (mph) can pose unnecessary risks to pedestrians. Speeding is one of the most dangerous school zone driver behaviors. A speeding driver may be unable to hit the brakes fast enough to avoid a collision if something unexpected happens, such as a child darting out into the road from behind a parked car. Speeding can reduce… read more

6 Parasailing Safety Tips

On Behalf of Fiol Law Group|Posted in Uncategorized on August 16, 2019

Parasailing is a popular pastime and tourist activity off of many Florida coasts. Parasailing is a form of parachuting in which a boat tows a parasail and passengers behind it using a rope system. Thousands of people parasail annually without issue; but sometimes, disaster strikes. A parasailing accident could cause significant and fatal personal injuries, from traumatic brain injuries to accidental drowning. Following a few key safety tips could potentially prevent a parasailing tragedy. Choose the Right Company Find a parasailing company that properly maintains its equipment, educates its passengers and trains its operators. In all parasailing accidents recorded – with one exception – the cause of the accident has been equipment failure, according to the National Transportation Safety Board (NTSB). Since the NTSB began recording parasailing accident statistics in 2009, eight people have died and five people have sustained serious injuries. Proper equipment maintenance could have prevented most of… read more

Can Amusement Rides Cause Concussions?

On Behalf of Fiol Law Group|Posted in Uncategorized on August 14, 2019

Concussions occur more often than any other type of brain injury. A concussion can occur when the brain sustains some kind of trauma, such as a blow to the head. It can also occur due to extreme kinetic forces. The gravitational forces in a car accident or amusement park ride, for example, could damage the brain and cause concussions. Although most concussions are minor traumatic brain injuries (TBIs), they can still pose significant problems to victims, including medical care and missed time at work. Before you get on a ride this summer or fall in Tampa, understand the potential risks of personal injuries. Can It Cause Brain Injury?     Many physicians, neurosurgeons and subject-matter experts have studied the possible connection between roller coasters and traumatic brain injuries. Complaints of head injury symptoms after riding roller coasters, such as headaches and dizziness, have led to discussions about the potential relationship. Studies have… read more

13 More Crazy Laws in Florida

On Behalf of 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

How Can I File a Claim Against a Plastic Surgeon?

On Behalf of 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

Samaritan Law: Can You be Sued for CPR?

On Behalf of 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.

On Behalf of 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