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Changes to Florida’s tort laws in recent years have made it more difficult for the party at fault in an accident to successfully sue for crash-related injuries.

However, it would be wrong to assume you have no legal remedies or potential for an injury settlement unless you talk with a personal injury lawyer specializing in car accidents – especially if your injuries were serious enough to require hospitalization or time off work.

While the new comparative fault law certainly creates legal challenges, rarely are matters of personal injury entirely black-and-white.

According to studies by The Center for Internet and Society at Stanford Law School, the vast majority of Florida car accidents are caused by human error.

Common causes include inattention, speeding, failure to yield, intoxication, and more.

Many people view car accidents as situations where one person was at fault in an accident, and another was hurt because of it.  Sometimes that’s true, however, in many car accidents, more than one person can be the cause of the crash or the severity of injuries.

Some examples include situations where one driver may have been speeding, but the other wasn’t paying attention.  Or if a driver ran a red light, but the other wasn’t wearing a seat belt.

The question for insurers (and possibly the courts) then becomes, “To what extent is each person at fault in an accident – for the crash and resulting injuries?”

As Tampa Car Accident Lawyers, we often find many cases where the answers aren’t obvious.  Our injury attorneys are experienced enough to know what evidence is needed to make a compelling case to show that someone is still entitled to compensation, even for people who know they made some missteps.

Florida is a no-fault state when it comes to car accidents. If someone’s injuries aren’t major, damages will likely be covered by their own auto insurance through personal injury protection (PIP) and health insurance.

However, if the injuries are substantial enough to meet the serious injury threshold, as outlined in F.S. 627.737, accident victims can go beyond the no-fault system and file a claim for damages against the other at-fault driver.

A driver who is “at fault in an accident” is one who failed to exercise the reasonable care they should have when they assumed the privilege of driving. This is called negligence.

When a plaintiff (person who is filing the claim for monetary damages for a car accident) is partly at-fault, this is called “contributory negligence.”

Previously, Florida had a system of pure comparative fault. Under this system, you could be 99% at-fault and still succeed in suing the other driver for their 1% of fault (though in that case, you would only collect 1% of your total losses, so that wouldn’t be an ideal outcome).

Now, Florida follows a modified comparative fault system with a 51% bar. What that means is you can still successfully sue another driver who is at fault in an accident for financial damages, so long as your percentage of the blame doesn’t exceed half. So if you were partly at-fault in an accident, the most you could share fault and still collect would be 50%.

But who decides the difference between 48% fault and 52% fault? Either insurance companies or the courts – and it’s often not a clear line. This is why having a skilled Tampa car accident lawyer as an advocate is so essential. We help our clients craft a strong argument advocating for them to collect the compensation they deserve.

If you aren’t sure whether you have a case or who was more at-fault in an accident, there’s nothing to lose in reaching out to a personal injury attorney.  Our Florida injury attorneys offer free initial consultations with detailed case reviews. 

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements, even in situations where people thought they were at fault in an accident.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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A class-action lawsuit was filed on behalf of sex crime victims on cruise ships on Tuesday, October 15th against Royal Caribbean and one of its former employees, room attendant Arvin Mirasol.

Mirasol admitted to installing cameras and recording passengers, including children, during previous cruises dating back to December 2023.  

At least 23 sex crime victims on cruise ships have been notified by police that they were recorded on a Royal Caribbean cruise, and they’ve hired lawyers.

The complaint defines the class as passengers aboard Symphony of the Seas between Dec. 1, 2023, and Feb. 26, 2024, who stayed in cabins serviced by Mirasol.

The lawsuit comes less than two months after Mirasol was sentenced in Fort Lauderdale federal court to 30 years in prison on a charge of producing child pornography.

Two additional Miami law firms say they expect to file civil lawsuits against the cruise company.  The lawsuits could reveal the number of sex crime victims on cruise ships is far greater than initially identified.  As more victims are discovered, it is likely that several more lawsuits may be brought against Royal Caribbean in the coming months.

Mirasol still faces charges in Florida state court of up to 15 counts of “video voyeurism.” A hearing in Broward Circuit Court set for Oct. 15 was canceled and has not yet been rescheduled.

In his plea agreement, Mirasol admitted he had been placing cameras in guest room bathrooms “since he started working on Symphony of the Seas around December 2023.”

That means he could have worked on 12 different cruises before the one where he was caught.  At this time, it is unknown how many people were sex crime victims on cruise ships Mirasol was working on.

This year, at least 16 crew members from several cruise giants have returned to South Florida ports on their ships only to get hauled away in handcuffs, according to Jim Walker, co-founder of the firm Walker & O’Neil Maritime Lawyers.  Almost all were charged with possession or transport of child pornography, a federal crime.

This comes as law enforcement agents are trying to slow the spread of images across the dark corners of the internet.

If you or someone you know may have become sex crime victims on cruise ships, it is important to speak with a lawyer right away.

Remember that every personal injury case is unique, and success depends on the specific circumstances surrounding the incident. Consulting with a qualified personal injury attorney is advisable to assess the strengths and weaknesses of your case and navigate the legal process effectively.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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Following Hurricane Milton’s devastation, Florida Attorney General warned criminals that harsher penalties will apply during the state of emergency. 

On Sunday, October 13th, Moody emphasized that Florida will not tolerate looting or lawlessness and provided law enforcement with guidance on enforcing enhanced penalties for crimes like burglary, theft, and unlicensed contracting during emergencies. 

Attorney General Ashley Moody said, “Florida is a law-and-order state, and even though we have been damaged by Hurricane Milton, we will not allow looting to take root here. I am offering guidance to Florida sheriffs and police chiefs about enhanced penalties for crimes committed during a state of emergency.”

Moody also highlighted that those committing dangerous crimes may not receive nonmonetary pretrial release until they appear before a judge.

Additionally, Moody cautioned residents to be vigilant against price gouging and disaster-related scams, urging them to report such incidents through the No Scam app or by contacting the Attorney General’s Office.

Fernandez Law Group’s team of Award Winning Criminal Defense Attorneys fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.

Our law firm has established a solid reputation for protecting the rights of our clients while working for the best outcome possible, no matter how hard the fight.

Not all criminal defense lawyers have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one is under investigation, facing charges, or has been arrested and/or jailed, there are too many rights we can protect and preserve for Defendants that are risk when someone uses an inexperienced lawyer.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: Attorney General warns criminals of harsher penalties in the wake of Hurricane Milton

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Due to being extremely overcrowded in recent months, the Pinellas County jail deputies have run out of regular beds and instead, have been providing hundreds of mattresses held a few inches from the ground by plastic frames.

Recent bail reform laws were blamed for the crowding by Sheriff Bob Gualtieri, who has observed the jail population steadily climbing since January after the bill went into effect.

The Hillsborough County Sheriff’s Office also said its jail population has increased since January and Pasco County acknowledged its jail was over capacity.

Touted by lawmakers as a way to make bail procedure uniform across the state, House Bill 1627 was also designed to limit violent criminals from being released before seeing a judge.

Passed in 2023, the law required the Florida Supreme Court to create statewide uniform bond recommendations.

Under the law, judges can increase the amount of bail beyond what the Supreme Court recommends. But to reduce it, a jurisdiction would have to petition for the court’s approval.

Fernandez Law Group’s team of Award Winning Criminal Defense Attorneys fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  We are experienced with recent bail reform laws and how to protect the rights of our clients.

Our law firm has established a solid reputation for protecting the rights of our clients while working for the best outcome possible, no matter how hard the fight.

Not all criminal defense lawyers have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one is under investigation, facing charges, or has been arrested and/or jailed, there are too many rights we can protect and preserve for Defendants that are risk when someone uses an inexperienced lawyer.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Newsletter: 9/12/24 – Recent bail reform laws may be causing overcrowding in jails

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According to a recent investment fraud report, residents of Florida have been getting scammed out of money at an alarming rate, losing hundreds of millions of dollars last year alone.

Conducted by the investment fraud law firm, Carlson Law in Miami, the report found Floridians lost more than $311 million to investment schemes in 2023, the third highest total in the country.

Only California and Texas had higher totals. “It’s a huge problem,” said Scott Silver, an investment fraud attorney in Coral Springs with the Silver Law Group. “Social media, the internet, the ability to basically promote these kinds of frauds and Ponzi schemes has made it much easier to target specific people and communities.”

Experts said retirees are often the target of investment scams and can sometimes become victims of something called affinity fraud. Meanwhile, the report indicated younger people are also losing money in investment fraud at an increasing rate.

Protecting yourself against investment fraud schemes involves a combination of vigilance, research, and caution. Here are some strategies to help safeguard your investments:

Research the Investment: Before investing, thoroughly research the opportunity. Look into the company’s background, the credibility of its promoters, and its financial health. Verify the legitimacy of any investment platform or broker through regulatory bodies.

Understand the Risks: Every investment carries some level of risk. Be wary of investments that promise unusually high returns with little to no risk. Understanding the risk profile of an investment is crucial.

Check Regulatory Status: Ensure that the investment and the individuals or firms offering it are registered with appropriate regulatory agencies. In the U.S., for example, check with the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA).

Be Skeptical of Unsolicited Offers: Be cautious with unsolicited investment offers, whether they come through email, phone calls, or social media. Scammers often use these methods to reach potential victims.

Verify Credentials: Confirm the credentials of anyone who is offering you investment opportunities. This includes checking their licenses and registration with regulatory bodies.

Read the Fine Print: Always read the terms and conditions associated with any investment. Pay attention to fees, penalties, and the specifics of how your money will be used.

Avoid Pressure Tactics: Be wary of high-pressure sales tactics or urgency to invest quickly. Scammers often create a false sense of urgency to prevent you from thinking through the decision.

Diversify Investments: Avoid putting all your money into a single investment. Diversifying helps spread risk and reduces the impact of any single investment’s failure.

Monitor Your Investments: Regularly review your investment portfolio and statements. Report any suspicious activity or discrepancies to your financial advisor or the relevant authorities.

Seek Professional Advice: Consult with a qualified financial advisor or investment professional before making significant investment decisions. They can provide valuable guidance and help you avoid potential scams.

Educate Yourself: Stay informed about common fraud tactics and scams. Knowledge is a powerful tool in recognizing and avoiding fraudulent schemes.

Protect Personal Information: Be cautious about sharing personal and financial information. Scammers often use this information to perpetrate fraud.

By staying informed and vigilant, you can significantly reduce your risk of falling victim to investment fraud schemes.

Fernandez Law Group’s team of Award Winning Criminal Defense Attorneys fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

Our law firm has established a solid reputation for protecting the rights of our clients while working for the best outcome possible, no matter how hard the fight.

Not all criminal defense lawyers have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one is under investigation, facing charges, or has been arrested and/or jailed, there are too many rights we can protect and preserve for Defendants that are risk when someone uses an inexperienced lawyer.

Newsletter – 8/29/24 – Florida residents have lost hundreds of millions to investment fraud

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Back in March of 2023, as a result of Florida HB 837, the personal injury statute of limitations for claims based on the theory of negligence was changed from 4 years to 2 years.

As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years. 

Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations.

Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.

Although most personal injury claims are based on the theory of negligence, some are not.

Negligence occurs when an individual, company, or other party acts or fails to act in a way that breaches the expected standard of care for the situation, causing damages.

Claims may also be based on strict liability, as we typically see in product liability claims, and they can also be based on whether or not there was intentional misconduct.

EXCEPTIONS TO THE NEW PERSONAL INJURY STATUTE OF LIMITATIONS:

A personal injury statute of limitations countdown may be put on hold for several reasons, including:

• If the case was affected by the rule of discovery, which often occurs in cases when a victim did not know they were injured right away.
• If the injured individual was a minor at the time of the accident.
• If the injured individual was incapacitated at the time of the accident.
• If the allegedly at-fault party left the state after the accident and before a claim could be filed.
• If the allegedly at-fault party took steps to prevent the claim from being filed by concealing themselves in some way.

If you are unsure whether your case qualifies under the new personal injury statute of limitations or under an exception, we encourage you to talk with one of our experienced injury lawyers right away. 

We can provide legal counsel relevant to whatever injury situation someone is in. We also help accident victims determine if they can recover compensation, discuss their options and potential outcomes with our free detailed case evaluation and consultation.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

This law firm has established a solid reputation for earning the proper compensation our clients deserve, no matter how hard the fight.

Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer.  

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

NEWSLETTER: 8/8/24 – Florida personal injury statute of limitations is different in 2024

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Florida lawmakers modified the no-fault auto insurance law to cover school bus injuries under parents’ auto insurance back in 1997.

The goal of the modification was to provide a way for school kids injured in school bus accidents to have some of their medical bills covered by their parents’ auto insurance carrier.

Since then, there have been conflicting court decisions when insurance companies sue schools and districts for PIP claims reimbursement.

On July 3, 2024, the 4th District Court of Appeals ruled that school districts retain sovereign immunity from such suits, conflicting with a 2019 2nd District Court of Appeals decision.

The Florida Supreme Court will likely have to resolve this issue.

The 4th District got it right, said Robert Hauser, attorney for the Florida School Board’s Insurance Trust.  Hauser argued that the law intended to shift costs from schools to insurers. The unclear language of the law creates a necessity to obtain clarification by the court or legislature.

“Everyone knows why the 1997 law was written,” he said Monday. “It was to shift costs away from schools and to insurance companies.”

“That exclusion meant that injuries sustained on a bus by a public school pupil were subject to the Florida tort system rather than the No-Fault system, which was perceived to be more quick and efficient,” and “The goal of the legislative tweak was to shift payments for most injuries on school buses away from the school district’s liability insurance under the tort system and instead to parents’ private PIP insurance,” Hauser wrote.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

Can insurance companies sue schools?

In Florida, insurance companies sue schools.  However, the context and specifics that determine whether or not they are legally able to depend on various factors. Here are some key points to consider:

1. Insurance Claims: If a school has an insurance policy, the insurance company may pay for damages resulting from a lawsuit against the school (e.g., for negligence) and might seek reimbursement from the school if they believe the school is liable.
2. Subrogation: Insurance companies often have the right to pursue subrogation, which means they can step into the shoes of the insured (in this case, the school) to recover costs paid for claims. This could happen if the school was negligent and the insurance company believes it should not have to cover the loss.
3. Liability Claims: Schools can be held liable for certain incidents, such as injuries that occur on school property. If the school is sued and the insurance company pays the claim, they may then choose to take action against the school depending on the policy terms and circumstances.
4. Sovereign Immunity: Florida has laws regarding sovereign immunity, which can limit lawsuits against public entities, including public schools. This means that claims against schools may be subject to caps on damages or may require specific procedures to pursue.
5. Private Schools: Different rules may apply to private schools, as they may not enjoy the same protections as public schools.

In summary, while insurance companies sue schools in Florida, the specifics depend on the nature of the claim, the type of school (public vs. private), and the insurance policy terms.

NEWSLETTER: 7/24/24 – Can insurance companies sue schools for PIP claim reimbursements?

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