What is Negligence?

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 [...]


Hurricane Irma damage: 4 tips for dealing with insurance claims

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

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 [...]

Florida Statutes Section 715.07

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 [...]

Health Complications Following a Car Accident

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 [...]

What To Do If Your Car Was Towed

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 [...]

Why Is My Lawsuit Taking So Long?

Why Is My Lawsuit Taking So Long? We hear this complaint quite often from our clients who have suffered injuries as a result of the negligence of others. Unfortunately, from the date of the accident until a resolution is reached (either through a settlement or a trial), it is not uncommon for a couple of years to go by. The attorneys at Fulgencio Law always explain the process to each client during the initial client meeting, and this includes explaining [...]

Should You Give a Recorded Statement?

Shortly after an accident occurs, the adjuster working for the at-fault driver’s insurance company will begin to investigate the accident. As part of this investigation, you may be asked to provide a recorded statement concerning your car accident. The most important fact to know about this request is this: you do not have to provide the insurance company an opportunity to do this. The insurance adjuster cannot deny the claim based upon a denial to provide this statement. It is [...]

Tampa Floods Lead to Thousands of Car and Home Damage Claims

Floods are the most common natural disaster in the United States and can happen anywhere at any time. The constant rain Tampa Bay experienced during the past few days (or is it weeks?) has lead to a record number of flood-based and water damage claims for motor vehicles and homes. It is estimated that half a billion dollars of losses have been claimed as a result of the recent floods. Entire towns, such as Elfers,Fla., were evacuated, and many roads [...]

Fulgencio Law files lawsuit against Busch Gardens Theme Park on behalf of man who lost part of his finger (amputation) on Serengeti Safari Ride

On December 12, 2014, our client was enjoying Busch Gardens’ Serengeti Sarafi open-air ride. When the driver of the vehicle improperly negotiated a turn, the vehicle struck a 7-foot eucalyptus pole, crushing and severing a part of our client’s left ring finger. As a result of the accident, our client has suffered debilitating, permanent injuries. His young daughter was a witness to the accident, and remains psychologically affected by the traumatic incident. Unfortunately, despite the seriousness of the [...]