Understanding Negligence and Personal Injury Law

The justice system is composed of various legal specialty fields. Personal injury law can be a challenge to understand and it is important to find one of the many personal injury lawyers specializing in this field. A personal injury attorney will help you to better understand your rights and what to expect if you've been injured.

Personal Injury law covers a number of different areas, including product liability, auto accidents, brain injury, medical negligence, food poisoning, canine bites, and slip and falls.

When a personal injury lawyer represents a client in a personal injury lawsuit, the burden of proving negligence is the fundamental objective to achieving a successful verdict for the client. If the cause of an accident is found the be the fault of an individual(s), business, or entity, negligence is generally alleged. If that person or business failed to act in a reasonable manner to prevent an injury, then the entity must assume responsibility for the accident.

Whether it was directly or indriectly caused can be a significant factor in determining damages. For example, was a needed repair that led to an accident known about and overlooked for months, or was it discovered at the time of the accident? If you are not familiar with personal injury litigation, proving negligence can be a difficult undertaking. If you are seeking to hold a negligent person accountable for your injury, it is important to have a competent personal injury lawyer on your side.

Tampa Personal Injury Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez is known for his dedication to his clients and their causes that has earned him a reputation of meeting or exceeding their expectations in many different types of personal injury cases over the years. Mr. Fernandez has appeared on behalf of his clients in Federal and State courts throughout the State of Florida. He is proud to have developed his practice primarily through the referrals of former clients and professional colleagues. Contact Frank Fernandez at 813-489-3222 for a FREE consultation.

When a person becomes a victim of personal injury, they often feel either physical and/or psychological pain. Action can be taken to hold the negligent party responsible by seeking compensation for the inflicted injuries.

When seeking accountability, typically an attorney specializing in perosnal injury will be hired. The attorney representing the client will normally assess the case to determine negligence, and either attempt to get a fair settlement or litigate the case in civil court. Monetary damages sought can include: present and future medical bills, loss of earnings, loss of future earnings, permanent disability, and pain and suffering.

If a personal injury case goes to trial, personal injury lawyers have the know-how and comprehension to organize and argue a case to prove negligence. The amount that can be awarded by a judge or jury will be calculated according to the gravity of the injury. Depending on the type injury, there are certain ways to prove negligence.  As an illustration, a drunk driver that gets in an accident with another vehicle will typically require a blood alcohol test to prove negligence. The attorneys at Fernandez Law Group come with the knowledge and skill in personal injury law needed to assemble a very persuasive case that's effectively designed to prove the defendant is negligent.

Our attorneys act in the best interest of the client to secure fair compensation. The legal professionals at Fernandez Law Group understand that personal injury lawsuits require analysis, accumulating proof, interviewing witnesses, and getting the suitable medical witnesses, and settlement negotiations.

Personal injury litigation can be a very difficult and drawn out process making the services and skills provided by your personal injury lawyer very important. A personal injury lawyer can assess your case to find out if it has merit and advise on whether or not settling is the right choice or it would be more advantageous to go to trial. By hiring a personal injury lawyer, you'll have an expert advocating on your behalf to get a winning verdict.

Our team of Florida Personal Injury Attorneys have been fighting for clients' rights since 1992, and there are no fees until you receive compensation. Visit us and let our Personal Injury Attorneys in Tampa help you get the compensation you deserve. Fernandez Law Group - 506 N. Armenia Avenue, Tampa, Florida 33609.

Call us today at 813-489-3222 for a FREE consultation.

 

    Content authored by Frank Fernandez

Common issues addressed by Family Law

Family law addresses a number of issues. These issues include child support, spousal support, child custodyand property division among other issues.

These are serious matters which cannot be avoided in cases of divorce.

Child support is normally a hot issue. During the divorce process, it has to be determined how the parents of a child will financially support a child. There are many expenses that a parent must be able to adequately provide for including food, clothing, and medical expenses. Often times when a family splits up, the situation can be quite difficult, and it is imperitive that you consult with an experienced family law attorney.

Spousal support can also become an issue during divorce. This will be the case when one spouse does not have the income to support himself/herself after the divorce process. A court will use different ways to determine if a particular spouse is eligible for spousal support. A Plaintiff will have to provide reasonable claims and evidence to suggest their need for support, while the Defense will be fighting hard to refute those claims and evidence to prevent a spouse from paying any unjust enrichments.

Property division is normally an area of contention during divorce. Dividing the property between the two spouses is also not advised or recommended without consulting an attorney to discuss your rights and options. If there is any kind of offer or deal on the table to split anything up, you need to make sure you're investments and property are being protected or provided for.

Property is usually divided according to the contribution of each spouse to the acquisition of the property. The spouse who played a big role in the acquisition of shared property will get a big share of property. If a wife did not contribute money to acquire property but she looked after the house and children as her husband was doing business while she offered her moral support, she is entitled to a share of the property. Property that was acquired before the two parties who are divorcing met should not be divided.

Child custody is also a very important factor to consider. Ideally, both parents need to be in a child's life. It is possible for spouses to mediate the terms of the custody arrangement without hiring an attorney, but often times there are situations and circumstances that will require one. When it comes to the well being children, having an attorney to help represent the best interests of the children will help ensure that your children will not face any undue harm while it also helps better protect your rights as a parent.

Call us today at 813-489-3222 for a FREE consultation.

  
 Content authored by Frank Fernandez

A Few Facts About Hiring A Criminal Law Attorney:

There are many people every day that find themselves in need of help from a Tampa criminal lawyer. Before you select a lawyer to hire, you first have to learn some imperative facts about them that will influence your decision on the best attorney to hire.

 The first fact to know is that criminal attorneys are the ones that specialize in cases that involve individuals or organizations with allegations against them. This means that any individual person can benefit from hiring a criminal attorney, but they are also available for organizations that find themselves faced with criminal charges.

 The second fact to be aware of is that not all criminal attorneys in Tampa will have the same experience. Many people automatically assume that a lawyer is well experienced in their field of the law, but this is not always the case.

Before you hire an attorney, you have to take time to talk to them so you can ensure that they are experienced in criminal law with a track record of handling and winning numerous cases. This information will help you determine if the lawyer is worth hiring or if you should move on to another lawyer with more experience.

A third fact to know is that the attorney will know exactly what needs to be done after they are hired to help you get the best defense possible. They will start by thoroughly going over your case so they understand everything you are charged with. It is important to be completely honest with your criminal law attorney so there are no surprises from the prosecution at trial and so your attorney can prepare a stronger defense. They can then look for loopholes that will work in your favor and they will learn the strong points to use to form a good argument for you in court during your hearing. Your attorney has to know exactly what is happening with your case in order to best represent you. Your attorney should also take time to ask you questions about the case and your part in it, so they are on the same page as you when it comes to your defense. Again, just be sure that any questions you are asked, you answer truthfully. If you are not truthful with the attorney you decide to hire to represent you then they will not be prepared to provide you with the best defense for your case. Communication between you and the attorney is vital to good representation.

 A fourth fact to know is that the fee charged by all attorneys will have differences. Some lawyers charge by the hour and others charge by the case. It is important to get the fees you will owe the attorney in writing so that you know exactly what their help will cost you up front. These are just a few simple facts that you need to keep in mind about any criminal lawyer before hiring one of them, because these facts will definitely influence your selection on who you choose to have represent your interests and defense. Here at Fernandez Law Group, we have a team of criminal defense attorneys in Tampa who have earned a solid reputation for providing strong criminal defense representation and litigation skills for many satisfied clients over the years.

Call us today at 813-489-3222 for a FREE consultation.

    Content authored by Frank Fernandez

Criminal Law and how it works

Criminal Law and How it Works:

There are five objectives for determining criminal law punishment: retribution, deterence, incapacitation, rehabilitation and restitution.

• Retribution suggests that offenders should suffer in some way to balance the scales. This is also known as righting the balance.

• Deterrence comes in two forms: individual and general. In both forms it is the notion that imposing strong penalties should deter misconduct.

• Incapacitation is the process of keeping offenders away from society in order to protect the public from harm. This can be done through death penalty, banishment or prison sentencing.

• Rehabilitation strives to change a criminal into a contributing member of society by convincing the individual that their behavior was wrong.

• Restitution is a form of victim-oriented punishment, in which the damages inflicted are to be repaired by the offender.

Proof of a crime requires proof of an act, this is also known as actus reus or guilty act.

Proof of intent to do wrong is known as mens rea or guilty mind.

Some crimes require both forms of proof. Others require only one form. In cases where both types of proof are required, it must be evident that the crime and intent occurred at the same time and not sequentially at different moments.

Actus reus involves the physical activity of committing a crime. It is the action, omission to act or threat of action. If there is more than one possible cause, actus reus can be nullified for lack of causation. The thin skull rule says that an offender is responsible for injuries relating to their misconduct. This is true even when the injuries or damage done is unusually high or extensive.

Mens rea is linked to the mental part of the crime. It has to do with the intention to perform the wrongful act. This is separate from the motive. Recklessness is a lower offense. It is when the act is recognized as dangerous but still committed. Wrongfulness and transferred malice are also considered under this category.

There are different offenses in criminal law. Participatory offenses usually occur when a crime does not come to fruition. It can include abetting, conspiracy, attempt and aiding. Property offenses include, but are trespassing, robbery and embezzlement. Rape, assault and battery can be classified as personal offenses. Fatal offenses involve death and manslaughter.

Because of the many complex variables involved in criminal law, it is essential that you find an experienced criminal law attorney who can provide you with an adequate defense.
When criminal charges are brought against you, your future is hanging in a delacate balance. Your freedom is on the line, fines are at stake, and the potential to land a career and lifelong disability of a felony charge is looming overhead. The team of Tampa criminal law attorneys at Fernandez Law Group know just how serious and important every last detail can be. Your future, and our reputation depends on it. We cannot and will not allow either to be jeopardized. It's time you put your trust into us.

Call us today at 813-489-3222 for a FREE consultation.

Choosing the right family law attorney

There are a wide variety of attorney specialties, from tax attorneys to defense attorneys specializing in juvenile felonies.

While you always want to be sure you hire the best one, this can be a little stressful, especially in family law.

The fact is, whether you are able to see your children could rest in your lawyer's hands. The key is to hire the one that has experience in situations that are very similar to your own.

If your case is very simple and straightforward, an attorney that specializes in divorce may be enough. This is often best in cases that spouses are not arguing too much over the details of the divorce.

However, if both spouses are requesting fulltime custody of the children, be sure that yourfamily law attorney has a good track record in previous cases.

Unfortunately, many cases are often dragged out in court and you want to make sure that the one you choose can handle it.

Coming to an agreement on who gets custody of the children and how much child support would be paid, however, is not usually a cut-and-dry matter.

The fact is that a family law attorney can provide you with great assistance during this time. They will not only know the laws in your state, but they will understand them completely and can advise you on what to expect and how to act.

Of course, if your divorce is already final and your ex-spouse is not living up to what the court demanded of them, you may again need an attorney for when you go back to court.

Again, they can walk you through the process and file any papers with the court to make sure it is handled with the utmost professionalism.

Fernandez Law Group and our Tampa Family Law Attorneys can assist you with your family law needs, including matters of paternity, pre-nuptial agreements, and alimony.

While the situation can be very stressful for one to go through, the right attorney will make the process go a lot smoother for you.

Call us today at 813-489-3222 for a FREE consultation.