800-222-8163

Florida Injury Lawyers The Fernandez FirmFlorida Injury Lawyer Frank FernandezFlorida Injury Lawyer Jennifer Fernandez

Free Case Evaluation

Seeking an experienced Florida personal injury law firm? Our attorneys will review your case details and contact you in less than 24-hours. It’s that easy!

Florida Attorney Blog

The opinions expressed on our Florida Attorney Blog are for informational purposes only and are not intended to be a substitute for professional legal advice. Because we value your thoughtful opinions, we encourage you to add comment to any entry on this Blog. We may edit any entry for clarity and will delete off-topic or inappropriate comments.

Published By
Frank Fernandez

November 26, 2014

Medical malpractice cases encompass a wide range of behavior by a medical professional resulting in serious injury or death. While most doctors, nurses and other healthcare providers make few mistakes, medical errors can have devastating consequences when they do occur. In order to prove medical malpractice, an injured party must establish that the medical professional negligently deviated from the prevailing standard of care in their care or treatment of their patient.Failure to Diagnosis, Incorrect Diagnosis, or MisdiagnosisWhen you go to the doctor for a health-related matter, you expect them to clearly and competently diagnose your condition and to properly treat it. Delays in diagnosing the problem can lead to serious and permanent injuries and even death in some cases. Our …

Published By
Frank Fernandez

November 19, 2014

Patients seek medical care from their physicians in order to have a problem treated and hopefully cured. When a patient receives a misdiagnosis, negative impacts can snowball. In fact, diagnostic error is becoming the most prevalent medical malpractice issue in the United States.What Is a Diagnostic Error?Diagnostic error is the misdiagnosis or the delay of an accurate diagnosis. Failure to diagnose puts the patient at risk for developing complications for inadequate and inaccurate treatment of the actual condition. Johns Hopkins researchers reported last year that diagnostic errors inflicted the most damage where medical negligence is concerned, exceeding damages caused by surgical error and improper dosages. Incidents of misdiagnosis may go unreported or they may be overlooked…

Published By
Frank Fernandez

November 12, 2014

When emergency medical care is needed, patients rely on the skill and attention of the emergency department of the hospital. Medical problems can be made worse if medical malpractice occurs. Though first responders, such as paramedics, ambulance crews, EMTs, and firefighters, are generally exempt from medical malpractice liability, the emergency room staff is not similarly protected. In fact, emergency room staff operates under the same protection as the other medical staff in the hospital.What Is Medical MalpracticeMedical malpractice is medical negligence. Negligence indicates the knowing disregard of standard medical responses to illness or injury that directly results in harm to the patient. The patient must have proof that the doctor or nurse did not take a competent approach…

Published By
Frank Fernandez

October 21, 2014

A study released this May by the National Complete Streets Coalition analyzed pedestrian traffic deaths over a decade – and the news was bad overall, but worst for Florida. Run by Smart Growth America, the Complete Streets Coalition aims to change the way most roads are planned and built, so the needs of all users are met. The report, Dangerous by Design 2014, updates an earlier study from 2011.Over 47,000 Pedestrians Killed Nationwide in Crashes in 2002-2013Nationwide, during the ten years from 2003 to 2012, a little over 47,000 pedestrians died in traffic crashes. During the decade, pedestrians made up 12.3% of all traffic deaths, but the numbers and percentage have been growing in recent years. Rising from 4,280 in 2010 and 4,432 in 2011, pedestrian traffic deaths climbed to 4,7…

Published By
Frank Fernandez

October 11, 2014

Grim statistics reveal that 37 children die each year in heat-related tragedies in cars across the United States. This adds up to over 600 deaths since 1998, with only Texas having more incidences than Florida. Armed with this information, parents and caretakers need to be aware of the danger of leaving children in hot cars. It takes approximately 10 minutes for the temperature inside a car to increase by 20 degrees, and even less time in heat wave conditions. Cranking a window down or parking in the shade has little or no effect in such extremes. The message is clear; the only guarantee of avoiding tragic heat-related incidents in vehicles is not to leave children alone at any time. The argument applies equally to the elderly, the disabled, and pets. Looking at the numbers Here are som…

Published By
Frank Fernandez

September 22, 2014

Residents of North Tampa have cast their ballots. The Tribune’s “Best of Tampa 2014” Readers’ Choice Awards is the all-inclusive guide to restaurants, sites to see, and places to go in Tampa. The various selections of the poll show which businesses are best at what they do in the Tampa region and beyond.For the North Tampa Readers’ Choice Award 2014 in the category of “Best Law Firm,” The Fernandez Law Firm was the Bronze winner.Each year, the Tampa Tribune receives nominations for the awards from individuals in the community, and then asks readers to cast their ballots for the best businesses in Tampa. The categories range from top restaurants, shopping venues, entertainment, and sites to see. One of these categories includes various professional companies. Being left up to the re…

Published By
Frank Fernandez

September 18, 2014

In a busy world where people seem to be in a hurry a great deal of the time, many of whom are distracted by technology, such as cell phones, GPS devices, MP3 players, and other devices, pedestrians take their lives into their hands every time they hit the road. Anyone moving about on the roadways on foot, in a wheelchair, on a skateboard, or on roller skates is considered a pedestrian. While it is the responsibility of motorists to do everything in their power to avoid collisions with pedestrians, there are rules of the road for pedestrians as well.Choosing Where to Walk When pedestrians walk facing oncoming traffic, they have the best opportunity to see and keep an eye on vehicles bearing down on them, as well as to make eye contact with drivers to be sure they have been seen. If …

Published By
Frank Fernandez

September 11, 2014

The elderly population is the fastest growing demographic in the United States today. The United States Census predicted in 2011 that the elderly population would quadruple in number over the next four decades. For the full analysis, please check out http://www.census.gov/newsroom/releases/archives/aging_population/cb11-194.html.This population increase raises understandable concerns for many families who face the difficult decision of becoming the elderly loved one's caretaker or choosing a nursing home or other type of facility designed to care for the elderly instead. Families raising small children that have a time-consuming career or that face other pre-existing complications limiting the family's availability for caretaking responsibilities find a professional institution special…

Published By
Frank Fernandez

September 4, 2014

If you watch the local news, you've probably noticed how frequently semis are involved in accidents. Whether the semi hits a stationary object and causes property damage or crashes with other cars or commercial trucks on the road, the damage that ensues can be devastating. If you've suffered a loss as the result of a semi accident in the Tampa or surrounding area, contact an experienced attorney who specializes in commercial truck accidents and who can see that you're properly compensated for your losses. Determining the Cause Semi accidents occur for a variety of reasons. While accidents are not always preventable, truck drivers often make mistakes that increase the likelihood of a crash. Attorneys who specialize in semi accidents can use their considerable resources to determine the ca…

Published By
Frank Fernandez

August 31, 2014

The arrival of school means that new traffic patterns will be on the roadway. The National Highway Traffic Safety Administration (NHSTA) released a report in 2008 that showed autumn as being the most dangerous season for pedestrians. During this time of the year, 29% of traffic deaths are pedestrian-related. As you venture out during the school year, make sure to use the following traffic safety tips.Obey the Rules of the RoadEven if you are walking along the road, you must still follow safety rules. To stay safe, you should avoid jaywalking or texting while you walk. Up to 33% of crashes that involve child pedestrians occur because the child ran into the road. Teach your children how to be good pedestrians and always use crosswalks.Show Respect for the BusYou can help to…

Published By
Frank Fernandez

August 18, 2014

Unlike vehicles that are typically unaffected by wet pavement, small objects, uneven road surfaces, and debris, these road hazards can cause severe and sometimes fatal motorcycle accidents. Motorcyclists should have a solid understanding of what constitutes a hazard, be alert for these dangers, and take the appropriate precautions to avoid them. If a motorcyclist is injured in an accident due to a road hazard, he or she may be eligible to recover damages for his or her condition under negligence law. Common Motorcycle Road Hazards Motorcyclists may encounter more hazards on the road than passenger vehicles and semi-trucks. Bikers should not automatically assume that simply because they have been operating a vehicle for years that they know what is dangerous while on a motorcycle. Here ar…

Published By
Frank Fernandez

August 13, 2014

Support Dedicated Teachers of Tampa Bay August in Florida means the end of another hot summer and “back to school” for students and their families. For many Tampa Bay teachers, the start of the school year means that it is time, once again, to reach into their own pockets for the money needed to equip their classrooms. You may be surprised to learn that each year public school teachers spend, on average, $400 of their own money on school supplies necessary for their students. At the Fernandez Firm, we firmly believe in Florida’s public education system and hope that you will join us in supporting our selfless Tampa Bay educators. For every “Like” we receive on our firm’s Facebook page, The Fernandez Firm will contribute $1.00 to local schools to help defray the cost of being a dedicated …

Published By
Frank Fernandez

August 10, 2014

According to the National Highway Traffic Safety Administration, 84 percent of adult drivers and 82 percent of front-seat passengers wore seatbelts in the U.S. in 2011. Seatbelts play an essential role in maintaining the safety of a vehicle’s passengers in the event of a crash or collision. Unfortunately, car accidents remain the leading cause of death for individuals between the ages of 5 and 34. In response to the growing number of car accidents that occur each year, automobile manufacturers have continued their efforts to improve the overall safety of their vehicles. Seatbelts are one of the most frequently used safety features inside of a car. Due to the many benefits of these safety devices, minimal attention is often given to seatbelt injuries. Although seatbelts certainly provide p…

Published By
Frank Fernandez

August 4, 2014

The most important goal of a victim’s treatment, from the operation to rehabilitation and the fitting of the prosthesis, is to restore his or her mobility. Whether a victim has known about amputation surgery for a while or recently found out due to a car accident or other event, it is important to understand that amputees are not alone. The procedure may be necessary if a diseased or injured limb does not heal and if the patient’s life is in jeopardy as a result. Possible causes include a congenital malformation of the limb, cancer, accidents, infections, or circulation issues. If you or someone you love needs an amputation as a result of an accident or condition that developed due to the fault or negligence of another, contact the Fernandez Firm at (888) 222-8163 to learn more about your…

Published By
Frank Fernandez

July 24, 2014

There are several reasons why an individual may wish to seek legal representation. In some cases, having the skills of an experienced personal injury lawyer in Florida are worth the money that you will pay to have that firm represent you. Some other reasons to consult a personal injury attorney include an insurance company refusing to settle a matter in good faith, the severity of your injuries are causing your compensation to greatly vary from the norm, or because there are complex legal rules involved in your particular situation. The following types of accidents and injuries certainly require a personal injury attorney’s assistance: 1. Medical Malpractice Patients who have suffered an injury or illness due to the allegedly unprofessional, incompetent, or careless treatment at the hand…

Published By
Frank Fernandez

July 7, 2014

In 2012, over 10,000 people were killed due to drunk drivers in the U.S, and an estimated 345,000 individuals sustained injuries in accidents that were caused by people driving while intoxicated according to Mothers Against Drunk Driving. In other words, someone is killed in a drunk driving crash in the U.S. every 51 minutes, and someone is injured every 90 seconds because of this entirely preventable crime. The Foundation for Advancing Alcohol Responsibly reports that because of increased national efforts to fight drunk driving, fatalities caused by drunk driving accidents have declined 35 percent since 1991. Nonetheless, those who are involved in drunk driving accidents should take the following five steps to protect themselves and seek compensation they deserve for their injuries and d…

Published By
Frank Fernandez

June 26, 2014

Upcoming extreme weather conditions often make headline news because of their potential to inflict injury or cause death in communities across the nation. However, while floods, heat, hurricanes, and tornadoes wreak havoc and cost lives every year, the biggest threat to people concerning adverse weather conditions is automotive accidents. Vehicular Accident Statistics According to the National Highway Traffic Safety Administration, there are close to six million motor vehicle accidents in the United States annually. Statistics indicate that approximately 1,312,000 or 23% of these collisions are related to inclement weather. Weather conditions cause 480,338 or 20% of all vehicular accident related injuries. Every year, 6,253 people die in automotive collisions, which accounts for 17% of a…

Published By
Frank Fernandez

June 23, 2014

Driving a vehicle requires coordination, reflexes, and 100 percent of your focus and attention. However, according to an NHTSA study, driver distraction is responsible for over 80 percent of all vehicle crashes. In fact, distracted drivers cause more accidents each year than drunk drivers, defective car parts, and slippery roads combined. There are many distractions that can hinder a person’s driving, but the NHTSA study cites the following five distractions as being the most prevalent and dangerous for today’s drivers. 1. Cell Phone Use Talking and/or texting on a cell phone while driving results in thousands of auto accidents every year. Despite recent restrictions in many states making it illegal to text while driving, it remains a common problem on roads everywhere. A Federal Motor C…

Published By
Frank Fernandez

June 19, 2014

You might not even notice at first. One day you make a visit to your family member, who's been in a nursing home for a year. She says she's fine, but you notice bruises on her arms. They're nothing, she says; she just tripped. Yet, why does she look frightened even though she smiles? Why does she back away when you move toward her? Have you stumbled onto something you don't even want to think about? Could your relative be part of nursing home abuse? Nursing home abuse does happen. It happens to the elderly and sick in nursing homes, other medical facilities, and even in their own homes. It happens when people are too ill or old to care for themselves or cannot defend themselves from harm by others. Nursing home abuse comes in many ways, any of which can make the final years of an elder…

Published By
Frank Fernandez

June 16, 2014

Summertime—the sun is shining, the weather is warm, and everywhere people are outside looking for fun summer activities. One wonderful summertime activity is riding a bicycle, an activity the whole family can enjoy. It is important, however, to keep safety in mind when getting the bicycles out of storage for the first time this summer season. Here are five bicycle safety rules to stay safe on the road: 1. Always wear a helmet. This is the first and most important rule when riding a bicycle. It is essential to make sure your helmet is properly secured and that it sits low on the forehead, about an inch above the eyebrows. It is also important to make sure the padding of the helmet is in good condition. 2. Make sure you and your bicycle can be easily spotted. As the operator of the bicycl…

Published By
Frank Fernandez

June 12, 2014

Whiplash is a common injury that happens to someone’s neck following a sudden deceleration-acceleration force that causes rapid, unrestrained backward, and forward movement of the neck and head. Whiplash injuries are most common sustained in car accidents and describe damage to both the soft tissues and the bone structures. Fortunately, whiplash is generally not a life-threatening injury, but it may lead to a prolonged period of partial disability. There are significant economic expenses related to whiplash that can cost $30 billion in the U.S. each year, including lost productivity, loss of income, medical expenses or treatments, disability, and pain and suffering. What is a Whiplash Injury? Whiplash is most commonly caused in a car accident in which the person is in a stopped car and i…

Published By
Frank Fernandez

June 9, 2014

Although walking is good for both the environment and your health, pedestrians are among the most vulnerable users of the road. From the moment we take our first steps and for each step after, we will come across different situations that will require a specific focus for ensuring the safety of pedestrians. According to the National Highway Traffic Safety Administration, 76,000 pedestrians were injured in 2012, the most recent data available, and more than 4,700 pedestrians were killed in traffic crashes. About Pedestrian Safety Pedestrians are considered individuals who travel by stroller, wheelchair, foot, or other similar means. Both pedestrians and drivers share the responsibility of keeping themselves and others on the road safe. Many strides have been made by the Federal Highway Ad…

Published By
Frank Fernandez

May 7, 2014

In 2012, over 10,000 people were killed due to drunk drivers in the U.S, and an estimated 345,000 individuals sustained injuries in accidents that were caused by people driving while intoxicated according to Mothers Against Drunk Driving. In other words, someone is killed in a drunk driving crash in the U.S. every 51 minutes, and someone is injured every 90 seconds because of this entirely preventable crime.   The Foundation for Advancing Alcohol Responsibly reports that because of increased national efforts to fight drunk driving, fatalities caused by drunk driving accidents have declined 35 percent since 1991. Nonetheless, those who are involved in drunk driving accidents should take the following five steps to protect themselves and seek compensation they deserve for their injuries a…

Published By
Frank Fernandez

May 4, 2014

Traumatic brain injury is the main cause of disability and death in individuals between 1 and 44 years of age, according to the Brain Trauma Foundation. Each year, approximately 52,000 deaths occur following a traumatic brain injury, also known as a TBI, and individuals most often suffer traumatic brain injuries following car accidents, sporting events, and falls. It is important to recognize the signs and symptoms of a traumatic brain injury as failing to do so may result in additional health complications and death. What are the Symptoms of a Head Injury? According to the Alzheimer’s Association, symptoms of a brain injury generally include: Ringing in the ears Headache, dizziness Vomiting and nausea Blurred vision Changes in sleep patterns or emotions Difficulty speakin…

Published By
Frank Fernandez

April 11, 2014

Year after year, the State of Florida leads the nation in the number of boating accidents and fatalities. In 2011 alone, there were 742 accidents involving boats. There were 67 fatalities. With one million registered vessels, and a likely one million unregistered craft, Florida has more boats than any other state in the country.  Here are some important facts to keep in mind when boating in Florida:1. The main shipping channels will be on a map. Make sure you know where these are and avoid them when large craft is in the area. Some of the vessels that use Tampa Bay are as large as two football fields and clumsy to manage. Add to that the pilot's limited visibility for nearby small craft, and it is your responsibility to stay out of his way.2. Personal watercraft, also known as jet skis or…

Published By
Frank Fernandez

April 10, 2014

Motorcycling is a popular activity for many people in the United States. In Florida, it is particularly popular because of the warm temperatures year-round. With more motorcycles on the road and high volume of traffic from residents and vacationers, Florida has given special attention to the problem of accidents and fatalities from motorcycle riding. Motorcycle Accidents in Florida Florida is among the top three states for motorcycle ownership. Only Texas and California exceed the number of riders. These three states have climates that are conducive to motorcycling, and the number of motorcycle accidents in these states is the highest in the nation because of the prevalence of this mode of transportation. Because people can ride year-round in these climates, accidents increase. The risk of…

Published By
Frank Fernandez

February 23, 2014

Becoming the victim of your doctor’s negligence is painful and devastating, both physically and financially. Unfortunately, serious errors are not uncommon. Each year, upward of 20,000 patients file lawsuits against their doctors. At any given moment, one in 14 American doctors faces a medical malpractice lawsuit from a patient. Malpractice lawsuits generally stem from one of a handful of reasons. A recent study of cases from around the world by the Royal College of Surgeons in Ireland Medical School and Trinity College Dublin identified the main causes for malpractice suits. Misdiagnosis and medication errors were the most common causes, but several other reasons top the list. Misdiagnosis A large number of common ailments share signs and symptoms with other, more serious diseases. Th…

Published By
Frank Fernandez

February 22, 2014

The phrase “car accident” usually conjures images of mangled vehicles, ambulances and life-threatening injuries. Serious accidents take place every day, but in truth, the majority of accidents are considered minor. These are the accidents most of us refer to as “fender benders,” in which the damage and injuries are minimal. When you experience a minor accident, the first thing to do is to check for injuries and call for emergency help if necessary. In many cases, injuries in these accidents are not immediately apparent or appear to be minor when they are actually serious. Given that state laws limit the amount of time one has to file an insurance claim, it is critical that you see a doctor right away even if you think you are fine. Legal Issues With Car Accident Injuries The process of …

Published By
Frank Fernandez

February 20, 2014

It happens quickly. One moment you are walking down the aisle in the grocery store, reaching for a box of breakfast cereal, the next you are flat on your back in excruciating pain.  You never even noticed the slippery pool of dishwashing liquid on the floor — and apparently, no working in the store bothered to clean it up or put out a floor sign — and as a result, you are seriously injured. Every year, thousands of people are injured in slip-and-fall accidents, leading to millions of dollars in medical costs.  Studies indicate that more than half of all falls are a result of “slip-or-trip” incidents.  A large number of those accidents are preventable and due to negligence by a property owner.  Something as simple as failing to properly clean up a spill or indicate a hazard can cause a ser…

Published By
Frank Fernandez

February 18, 2014

Many states have outlawed the use of handheld wireless phones and other devices while driving, causing an increasing number of drivers to switch to hands-free accessories as a means to stay connected when behind the wheel. They believe that by using an ear piece or a microphone system installed into the vehicle that they can safely talk, text or check social media and email while driving. Unfortunately, that is not the case. A recent study sponsored by the American Automobile Association found that using hands-free technology, such as voice recognition software to send text messages, is just as distracting as manually sending a text message. Researchers believe that using hands-free technology impairs the cognitive processes necessary to process the visual and auditory clues that are vita…

Published By
Frank Fernandez

February 17, 2014

Every year, hundreds of thousands of patients fall victim to medical malpractice. While errors in diagnosis and treatment are ultimately the responsibility of the practitioner, it is also incumbent upon patients to be informed consumers and take charge of their health care. Negligence on the part of your health care provider can lead to costly, painful and even fatal consequences. That is why, as the patient, it is crucial you take certain important steps to help prevent medical errors. Get a Second Opinion Physicians are not infallible. When a provider makes a diagnosis, it is based on his or her existing body of knowledge and interpretation of your symptoms, test results and examinations. Given that no two cases are exactly alike, it is possible for a physician to misinterpret your ai…

Published By
Frank Fernandez

February 14, 2014

According to the Centers for Disease Control and Prevention, a third of all fatal automobile accidents are directly attributable to alcohol. It is no mystery that alcohol impairs your ability to operate a motor vehicle safely. However, alcohol is not the only cause of impaired driving and serious auto accidents. Multiple factors can prevent a driver from having complete control of a vehicle. Some of these factors are behaviors that many drivers engage in every day without considering the effects on their driving abilities. In the event of a serious accident, a driver proven to be impaired as a result of any of these factors will most likely be found liable — and face significant legal and monetary consequences. Prescription Drugs In early 2012, the Food and Drug Administration ruled man…

Published By
Frank Fernandez

February 12, 2014

In the early morning hours of March 12, 2011, a bus traveling to New York City from Connecticut crashed, killing 15 passengers and seriously injuring 17 others. After a thorough investigation, the National Transportation Safety Board determined the accident was caused by several factors, all of them related to one fact: driver fatigue. In the three days leading up to the day of the crash, the bus driver had not had adequate rest, which, when combined with excessive speed and cellphone use, was the primary cause of the deadly accident. As a result, the driver spent more than a year behind bars and faces a $250,000 fine, in addition to civil charges from the victims’ families. The New York bus crash highlights a significant, and often overlooked, danger on American roads: drowsy drivers. Th…

Published By
Frank Fernandez

February 10, 2014

Earning a driver’s license is a rite of passage for most teens. Gaining the legal right to drive may symbolize freedom to a young person, but to parents, the idea of their child out on the road is a cause for worry and concern. That concern is not unwarranted. Car accidents are the leading cause of death among teenagers in the U.S. According to the Centers for Disease Control and Prevention, 2,700 people ages 16 to 19 died in car crashes in 2010. Another 282,000 were seriously injured — and the costs of these accidents add up to 30 percent of the overall costs of motor vehicle accidents, or $19 billion. The fact is the majority of accidents involving teen drivers are preventable. Inexperience, speed and distractions are the primary causes of most teen driving accidents, all factors that …

Published By
Frank Fernandez

February 7, 2014

Statistically speaking, teenagers are among the most accident-prone drivers. Teens are more than three times likely to die in a car accident than those over age 20 and account for about 30 percent of the costs associated with car accidents in the U.S. Young drivers are not the only people vulnerable to serious accidents, though. Older drivers, those over age 65, also have a significant risk of being involved in a car crash. According to the Centers for Disease Control and Prevention, approximately 500 of the estimated 33 million licensed drivers over the age of 65 are injured in accidents every day. The older we get, the greater the risk of a serious or fatal accident. Mile for mile, the risk of a serious or fatal injury increases dramatically at ages 75 and 80. Unlike younger drivers, w…

Published By
Frank Fernandez

February 4, 2014

Car seat safety has evolved considerably over the last few decades. Child safety seats are safer now than ever before, but unfortunately, every year children are still killed or seriously hurt in motor vehicle crashes. In many cases, these tragic outcomes are the result of children either riding in inappropriate safety seats or being improperly secured in the car. Every vehicle manufactured since 2002 has come equipped with the LATCH (Lower Anchors and Tethers for Children) system. The LATCH system consists of frame-mounted brackets that allow child safety seats to be securely attached to the vehicle without using seat belts. Given that the National Highway Traffic Safety Administration (NHTSA) estimates that as many as three out of four parents install child seats incorrectly, the LATCH …

Published By
Frank Fernandez

January 20, 2014

Don’t drink and drive; it’s a simple mantra, but one so many people have trouble following. Mothers Against Drunk Driving reports that in 2012, 10,322 people died and more than 345,000 people were injured as a result of collisions caused by drunk driving. If you’ve vowed never to drink and drive, it’s a start, but there’s more you can do to prevent drunk driving among friends and family members. Follow this simple checklist whenever alcohol is around. Don’t Meet for Drinks — Meet Beforehand Nightclubs and bars are fairly popular meeting places. You might even meet a friend at a nice restaurant and expect to share a glass or two of wine over a meal. Don’t let a loved one walk that fine line between tipsy and inebriated. If you plan on drinking, don’t meet at the restaurant, bar or nightcl…

Published By
Frank Fernandez

January 17, 2014

The feeling of pushing the speed limits, the wind whipping at your face. The freedom to hop on a motorcycle and go — nothing holding you back, just you, your vehicle and the road. The biker doesn’t usually ride a motorcycle because it’s convenient; he does it because it’s exhilarating. You know it’s more dangerous to opt for the motorcycle over the car, but there are few better climates for enjoying a motorcycle year-round than Florida’s. Be cautious and follow a few basic motorcycle safety tips to decrease your risk of a motorcycle accident. Wear a Helmet It messes up your hair. It’s hot and makes you sweat more. It just doesn’t seem “cool.” Many bikers have excuses not to wear helmets while riding a motorcycle, but the helmet is the most important piece of safety equipment saving you f…

Published By
Frank Fernandez

December 27, 2013

You quote statistics about the dangers of texting while driving to your teenagers until you are blue in the face.  But once they are behind the wheel, how do you know they have taken your advice to heart? Otherwise smart and well-behaved kids may succumb to the pressure to text while driving. Take the matter seriously, and do what you can to get your kids to stop texting while driving. 1. Sit Down and Discuss Hold a general discussion of the dangers of distracted driving, explaining that being behind the wheel requires 100% focus. Make your teen driver understand there will be consequences for using the phone while driving, even if they’re lucky enough not to get into an accident.  While you should not accuse your teen of texting while driving unless you’re certain it has occurred, follo…

Published By
Frank Fernandez

December 23, 2013

Every day, Americans trust their lives to medical professionals; and most of the time, their faith is rewarded.  However, doctors, nurses, surgeons and health care providers are only human, and sometimes they make medical mistakes.  These mistakes can lead to injury, illness — or worse. As reported in Forbes, as many as 200,000 Americans die annually from substandard medical care.  If you suspect that you or a family member is a victim of medical malpractice, protect your rights by following this step-by-step guide. 1. Act Fast It’s better to act on your suspicions immediately and be wrong, then to let suspected malpractice go unaddressed and lose important legal rights. In Florida, the statute of limitations for bringing a medical malpractice claims is two years from when you knew or,…

Published By
Frank Fernandez

December 21, 2013

Under Florida law, vehicle owners must carry personal injury protection (PIP) insurance. If you’re injured in a car accident, your PIP coverage is designed to pay up to $10,000 of your medical expenses and/or lost wages, depending upon the extent of your injuries. In January 2013, however, the Florida Legislature placed restrictions on PIP claims. If you don’t understand these changes -- and don’t follow the new rules -- your car accident could be painful in more ways than one. The Clock Is Ticking Under the former PIP laws, a person injured in a car accident had an unlimited time to seek medical treatment for their personal injuries.  Days, weeks or even months after the accident, you could visit a doctor to have your injuries assessed and treated.  Given that, in some cases, the eff…

Published By
Frank Fernandez

December 21, 2013

Medical professionals serve an important function in society: to heal the injured and care for the sick.  We place our trust in doctors, nurses and hospitals and, in return we expect quality care.  When this trust is violated, the results can be catastrophic. Inattention, understaffing and carelessness often result in medical errors --- with the patient paying the price.  In fact, a study in The Journal of Health Affairs found that nearly a third of all hospital patients annually fall victim to some type of medical mistake.  These errors range from minor and easily corrected to critical and life-threatening.  Not all adverse medical outcomes are “malpractice,” however sometimes patients suffer “known complications” of treatment or fail to respond as expected, through no fault of the medic…

Published By
Frank Fernandez

December 21, 2013

It’s been a few months since your grandmother moved into a long-term facility.  At first, everything was fine, but you’ve noticed some changes recently.  Your grandmother is unusually quiet and, while she claims her bruised arm was caused by bumping into a table, something seems wrong. No one wants to think about a loved one being abused in a nursing home but, tragically, it occurs. According to the National Center on Elder Abuse (NCEA), as many as one in 10 elderly people experience some form of abuse at the hands of their caregivers.  The abuse may be physical or emotional, or could involve exploitation (such as stealing money or other items), neglect or abandonment.   Regardless of the form it takes, elder abuse is a serious and growing problem in Florida.   At the Fernandez Firm, we h…

Published By
Frank Fernandez

December 21, 2013

Driving to the store, your phone beeps, alerting you to a text message. It’s your spouse, reminding you to pick up milk. You start typing a response, glancing at the road every few seconds — and happen to spot a small child running into the street.  Slamming on your brakes, you stop just in the nick of time. In this instance, you were lucky but what if you had not glanced up in time?  You undoubtedly know it’s never a good idea to send a text message while driving, as taking your attention off of the road for even a moment can lead to a serious accident. However, according to numerous studies, over half of all adult drivers continue to text while behind the wheel -- even though they understand the danger. If you are among the 50% who text while driving, here are three reasons you shoul…

Published By
Frank Fernandez

September 30, 2013

Starting October 1, 2013, Florida will join 40 other states to ban texting while driving.  However, unlike a majority of the states, violation of this new law will only be a secondary office.  That means a law enforcement official will have to witness another offense like swerving or running a stop sign, in order to legally stop a texting driver.  Another loophole in Florida’s texting law is that it does not apply to drivers in stopped vehicles.  Once stopped at a light, Florida drivers can legally check email and text away while behind the wheel.   The fines for violating this new law are so small they are no real deterrent. First time offenders will only pay $30.00 plus court costs and subsequent offenders will only pay $60. At the Fernandez Firm, our lawyers are actively involved in t…

Published By
Frank Fernandez

April 12, 2013

Jennifer Gentry Fernandez has been distinguished as a member of the National Register’s Who’s Who among Business and Professional Achievers for 2012.

Published By
Frank Fernandez

April 5, 2013

The Florida Senate Banking & Insurance Committee yesterday released Proposed Senate Bill, SPB 7152, to be heard and voted on in that committee next Tuesday, April 9, 2013 at 1:30 p.m. The bill repeals PIP effective January 1, 2014, and replaces it with Mandatory Bodily Injury Liability insurance (MBI) with limits of $25,000 per person and $50,000 per incident (25/50).

Published By
Frank Fernandez

April 5, 2013

Tampa Attorney Frank F. Fernandez, III and long-time friend Ft. Lauderdale Attorney, Gary M. Farmer, Jr. President of the Florida Justice Association Today attorneys Frank Fernandez and Jennifer Fernandez sponsored the 2013 Legislative Update presented by the Florida Justice Association in conjunction with the Tampa Bay Trial Lawyer Association.  The annual event outlined various Florida House and Senate Bills proposed by the insurance industry and specifically designed to attack consumer rights laws.  Among the issues of concern was Senate Bill 7030 which would allow insurance industry attorneys to consult in private with an injured patient’s treating medical doctors, without their knowledge or expressed consent in violation of Federal HIPAA laws, in cases where there is a potential fo…

Published By
Frank Fernandez

April 1, 2013

13-year-old Austin had just started his sophomore year in high school when a negligent, uninsured driver ran a red light and forever changed his life.  Austin’s parents --- small business owners who had wisely purchased “uninsured motorist” (UM) coverage to protect their family in this situation --- made a claim under their UM coverage.  Soon thereafter, in addition to getting treatment for their son’s devastating head and neck injuries, Austin’s parents found themselves facing another dilemma: their insurance company’s “take or leave it” final offer of less than ¼ of the UM benefits they had been promised.  It was then that Austin’s parents sought help from Tampa injury lawyer Frank Fernandez.  On April 1, 2013, after years of litigation and just prior to jury selection, the defendant i…

Published By
Frank Fernandez

March 1, 2013

Tampa injury lawyer Jennifer Gentry Fernandez obtained a confidential settlement for a female client who was raped in her home by a former co-worker. Months before the horrific sexual battery, the 51-year-old factory worker had complained to her employer about a male co-worker’s increasingly bizarre behavior.  The man, a long-term employee of the Polk County factory, was temporarily suspended, with pay, while the employer investigated, ultimately determining the woman’s complaints to be unsubstantiated. The assailant was returned to work and remained in the defendant company’s employ through the date of the rape and his subsequent arrest by authorities. With her attacker in prison for several decades and the civil negligence action against her employer resolved, the Fernandez Firm’s client…

Published By
Frank Fernandez

February 5, 2013

Tampa injury lawyer Frank Fernandez recovered $300,000 settlement for a 59-year-old woman tripped and fell over a jagged asphalt edge of a walkway leading to her retirement community’s mailboxes.  As a result of her fall, the Plaintiff dislocated her elbow and fractured her right arm requiring multiple painful surgical procedures.  Prior to hiring the Fernandez Firm, her previous attorney was reluctant to file a lawsuit or go to trial offering to settle her case for less than $150,000.  When no offers were forthcoming from the insurance company for the adult community the Fernandez Firm was retained, and after a lawsuit filed, the case was shortly thereafter settled.

Published By
Frank Fernandez

January 4, 2013

Tampa car accident lawyers Frank Fernandez and Jennifer Fernandez obtained a $158,000 Final Judgment following a jury Verdict for a 32-year-old woman who sustained neck injuries in a rear-end car accident in Tampa, Florida.  At trial, the Defendant denied she was liable claiming that she had suffered a seizure and blacked out just prior to the car crash. The Defendant failed to prove her case and in the end, her insurer Allstate Insurance Company was required to satisfy the excess Judgment and pay the Fernandez Firm $55,000 in legal costs due to their refusal to settle the case prior to the five day jury trial.

Published By
Frank Fernandez

January 4, 2013

Effective January 1, 2013, those injured in a Florida car accident have only14 days from the date of the car crash to seek medical care or risk forfeiting the right to receive thousands of dollars in accident-related medical care.  Failure to obtain medical treatment within this very limited timeframe will completely bar a Florida car accident victim’s right to receive payment of any insurance benefits due under their automobile insurance policy, regardless of fault. In addition, under this new law, only accident victims diagnosed with an “Emergency Medical Condition” (EMC) are entitled to the full personal injury protection benefits purchased from their insurance company.  Only medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practition…

Published By
Frank Fernandez

November 9, 2012

Tampa car accident lawyers Frank Fernandez and Jennifer Fernandez obtained a $136,000 jury Verdict on behalf of Albert Ceballos, a 52-year-old Mexican immigrant who suffered low back injuries as a result of two separate car accidents, the first involving a Polk County Sheriff’s Deputy and the second involving an underinsured driver.  At the time of the first collision, which occurred at 1:30 a.m. the Plaintiff was a pedestrian who had stopped to render emergency medical assistance at late night, fatal, car crash. For ten long years, the Polk County Sheriff's Office denied all responsibility the Plaintiff's injuries despite the fact that at the time of the incident, its Deputy was off duty, wearing shorts, and claimed to have been visiting his parents just prior to the unexplained late-nigh…

Published By
Frank Fernandez

October 3, 2012

In appreciation for their generosity and continuing support, the Fernandez Firm is recognized by Bay Area Legal Services.  Bay Area Legal Services provides free civil legal services to qualified and low-income members of the public throughout the greater Tampa Bay area.

Published By
Frank Fernandez

July 1, 2012

Continuing with his state-wide success as one of Florida’s best personal injury lawyers, Frank Fernandez has been named to Florida Trend Magazine, 2012 Florida Legal Elite.  Florida Trend’s honors prominent Florida lawyers as recognized by their peers.
 

Connect to Us

Firm News

FIRST LADY MICHELLE OBAMA

First Lady Michelle Obama with Florida Attorney Frank Fernandez, Jennifer Fernandez, Isabella Fernandez and Olivia Fernandez