If you have been the victim of a car accident in Florida involving a DUI (driving under the influence), you have a legal right to representation and compensation to help pay for your recovery and your losses. For those accused of causing the devastating accident, the penalties can be harsh and depend on a variety of factors, including without limitation, the blood alcohol level of those involved, whether the DUI involved an accident with injuries, whether there were any [...]
Fulgencio Law Brings COBRA Violation Class Action Against National Trucking Company Fulgencio Law has filed a putative class action lawsuit against national contract carriage service company, First Fleet. The lawsuit alleges that First Fleet failed to provide employees with mandatory notices of their right to continued healthcare coverage. The lawsuit, filed in Florida, cites suspected violations of both the Employee Retirement Income Security Act of 1974—ERISA—and the Consolidated Omnibus Budget Reconciliation Act of 1985—COBRA. The Plaintiff’s employment as a driver for [...]
As summer ends and schools starts back up, it is important to review your family’s transportation arrangements and plans to ensure a commute that is as safe as possible. Whether your child is a kindergartener who is taking the bus or a high schooler with a new driver’s license, here are some best practices to keep in mind: School Bus Safety: School buses are some of the safest modes of transportation around – so long as students board and exit them [...]
Lawyers from Fulgencio Law have filed a wrongful death lawsuit in Hillsborough County on behalf of the family of 20-year-old Freddy Benson, who was shot and killed on the early morning hours of August 19, 2016 while inside the Oakhurst Apartments in Tampa, Florida. The named Defendants in the lawsuit are Ashley Glen Land Holdings, LLC, doing business as Oakhurst Square Apartments I and Oakhurst Square Apartments II, and NDC Real Estate Management, Inc. Together, they owned, operated or [...]
What is Negligence? Negligence is a legal concept, a term usually employed to describe an instance when someone is seeking compensation for accidents and injuries that were caused as a result of someone else’s fault. Negligence is a type of act, or a civil wrong, and is often referred to using another legal term: a tort. In essence, negligence means conduct that is culpable because it the legal standard required of a reasonable person in protecting individuals against risk that [...]
As Hurricane Irma plowed its way through most of the State of Florida on Sunday and early Monday morning, several people are starting to survey the damage to their homes and property. Insurance claims in connection with the damage caused by Hurricane Irma is projected to cost many billions of dollars. Fulgencio Law is a Tampa law firm helping consumers through the claims handling process with their insurance carrier. The damage caused by Hurricane Irma will undoubtedly be extraordinary, and [...]
Florida Supreme Court Declares Medical Malpractice Arbitration Agreement Void. The case is Hernandez v. Crespo, 41 Fla. L. Weekly S625 (Fla. 5th DCA December 22, 2016). A woman was 39 weeks pregnant and started having contractions. She was turned away from her doctor’s appointment and not seen because she was several minutes late. Her appointment was then rescheduled for four days later. The day before the rescheduled appointment, the woman went into labor, and delivered her son stillborn. Before she started being [...]
Below is the full text of Section 715.07 of the Florida Statutes as displayed in the Official Internet Site of Florida’s Legislature: 715.07 Vehicles or vessels parked on private property; towing. (1) As used in this section, the term: (a) “Vehicle” means any mobile item which normally uses wheels, whether motorized or not. (b) “Vessel” means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a “documented vessel” as defined in [...]
Car wrecks are one of the most common causes of long-term injuries in the United States. Many heath issues caused by a car accident can linger for many years and, in some cases, can last a lifetime. In this article, the six most common issues will be discussed. Neck Trouble Whiplash (the jarring back and forth of the neck) can permanently harm the vertebrae within the neck. Neck mobility may be dramatically lowered, and pinched nerves can lead to full body [...]
Florida has enacted important legislation regulating the towing of vehicles from private property. In Tampa, aside from Florida Statute 715.07, towing companies must abide by the Hillsborough County Public Transportation Commission Rules. In Pinellas County, towing companies have to follow the rules set forth in the County Code of Ordinances, Chapter 122. What Makes a Tow Improper? First, before a vehicle can be towed from a parking lot with more than 20 parking spots, there must be a posted sign at [...]
