Thursday, June 19, 2014

Tampa White Collar Criminal Defense Attorneys:

White collar crimes often encompass any type of financially motivated crime that is non-violent in nature.


It can also be defined by the type of offense, for example, property crime, economic crime and other corporate crimes dealing with health or the environment as well as safety law violations.

Fraud, embezzlement, and grand theft are also white collar crimes, and our team of attorneys has the experience necessary to get you the best possible outcome.


         

The FBI defines white collar crime as "those illegal acts which are cash in envelopecharacterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence."

If you are charged with a white collar criminal offense, it is important that you obtain experienced legal representation immediately, as the stakes are typically very high in these cases. Furthermore, many white collar crimes often lead to federal charges.

Why choose Fernandez Law Group for your White Collar Criminal Defense?

Fernandez Law Group Attorneys and AssociatesWhen you come to Fernandez Law Group, you'll gain an instant advantage in your case as we provide you with a team of attorneys working on your defense. Additionally, our attorneys make up fewer than 10% of all Florida attorneys who are experienced and qualified to practice in federal courts.

Not only that, our team of attorneys includes a former prosecutor who has over 20 years experience working on that side of the courtroom. Because of that insight we are able to better communicate with the prosecution on your behalf, often reducing charges, bail amounts, and sentencing before a trial date is even discussed - and in some cases, trial may not even be necessary.

When you have a former prosecutor on your side, along with additional attorneys, and they're fewer than 10% in Florida who are qualified for federal practice, you are getting very solid representation that shows the prosecution you mean business.

Let us show you why we've continued to grow and gain the reputation we've achieved over the years.

Call us today at 813-489-3222 for a FREE consultation and find out what we can do to begin helping you with your defense immediately before you spend a dime!

Additional factors to consider when choosing your White Collar Criminal Defense Attorney:

attorneysIf you are looking for effective representation to defend against a criminal investigation or prosecution, your attorney is going to need an extensive knowledge of criminal statutes and rules, along with experience in dealing with the offices and agencies that are enforcing those laws.

The attorneys here at Fernandez Law Group have over 40 years combined legal experience in and out of the courtroom. This experience has given us an advantage as well as a strong ability to properly advocate for our clients which allows us to obtain even better results.

With a former prosecutor on our team who is now a lead defense attorney, we have even managed to negotiate issue resolutions and in many instances, we've even been able to convince the prosecuting agency to not file charges. This is why it is important you act as quickly as possible, the moment you're faced with any kind of charges. The quicker you talk to your attorney, the quicker they can help you.

When you come to Fernandez Law Group for your criminal defense, you get several advantages over many other law firms.

1.) You will be working with a team of attorneys, not just one attorney.

2.) Our attorneys are experienced and qualified to practice in state or federal courts.

3.) Our team of attorneys includes a former prosecutor with over 20 years experience for an added edge as we know how to work with the prosecution to achieve the best possible results for you.
walking awayWhite Collar Criminal Defense Attorneys play an important part in ensuring the criminal justice system remains fair and just for those they represent. We are here to make sure your rights remain protected.

At Fernandez Law Group, our Tampa White Collar Criminal Defense Attorneys have plenty of trial experience in and out of State and federal courts.

And because of our background, history, and reputation, we are able to work effectively with prosecutors and judges to provide you the best defense possible.

Call us today at 813-489-3222 for a FREE consultation and find out what we can do to begin helping you with your defense immediately before you spend a dime!



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Google+ Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Boating Accidents involving Personal Injury and what to expect:

Florida is surrounded by the Gulf and Atlantic coastlines, home to the Everglades and the Keys, and where people constantly use the state's waterways for fishing and boating. As the number of people on the water increases, so do the accidents. As a result, our Tampa personal injury attorneys have experience in achieving solid results with boating accident cases that involve personal injury or property damage.




If you or a loved one has been injured in an boating accident due to the negligence of somebody else, do not try to handle a claim on your own or risk using an inexperienced lawyer.


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.


If you were injured in a boating accident, our attorneys can help you get the compensation you deserve.


Our attorneys have a combined legal experience of over 40 years in handling all types of personal injury cases, and a large portion of our work involves boating accidents. Propeller accidents, boats capsizing and colliding with other objects, people and vessels are the most common types of cases we've seen but we've handled them all.

We put not one, but multiple attorneys on your case in order to give it the extra attention it deserves. Not only that, but we're also fewer than 10% of Florida attorneys who are also authorized to practice in federal courts. Let us put our experiences and resources to work for you today, and you can expect to get the results you deserve.

Our attorneys are very experienced and fully prepared to litigate aggressively on your behalf. There are no up front fees or costs unless we win and our consultations are always free. And we make it very easy to reach us - by phone, email, our quick contact form, and even live chat right here on the website. And if you're still unsure, have a look at some of the reviews we receive.

Let's take a look at some statistics involving boating accidents in Florida:

no boatingAccording to reports filed by the Florida Fish and Wildlife Conservation Commission for 2012 in Florida, there were over 870,000 registered recreational vessels in the water. There were 704 reportable accidents during that same time period, which resulted in 55 fatalities and 386 injuries. Property damage from boating accidents in Florida exceeded over $8 million dollars for the year 2012 as well.

The primary type of boating accidents in Florida for 2012 were as follows:

  • 160 collisions occurred with another vessel
  • 148 collisions occurred with a fixed object
  • 106 cases of a boat becoming flooded or swamped
  • 48 incidents where a passenger went overboard
  • 34 accidents involving a boat getting grounded
  • 34 accidents involving a slip or fall on a boat
  • 24 accidents occurred from boats capsizing
  • 23 accidents occurred due to the wake of another boat
  • 22 accidents occurred as a result of boats striking objects underwater
Other types of boating accidents in Florida for 2012 included explosions with fuel (15), non-fuel explosions (16), striking an object or a person (9), skier mishaps and falls (8), getting struck by a skeg or prop (8), starting the engine (4), skier hit by object (3), and sinking (1). Many of these accidents also included a secondary type of accident that occurred simultaneously or as a result of the initial accident.

Common types of secondary accidents as a result of a primary accident in Florida for 2012:

  • 90 incidents of capsizing
  • 69 falls overboard
  • 42 falls inside the boat
  • 35 people struck by another boat
  • 22 boats collided with a fixed object
  • 16 people were struck by a skeg or prop
  • 16 boats were grounded
  • 16 boats sunk
  • 15 boats flooded or got swamped
Of course, collisions with other vessels (8), collisions with floating objects and people (7), vessel wake damage (4), fire explosions involving fuel (4), starting the engine (1) and striking underwater objects (1) also occurred in secondary accidents for the year 2012 in Florida. The most common type of boat involved in the majority of accidents were open motorboats or cabin motorboats with propellers, which account for approximately 65% of accidents. Personal watercraft also accounted for about 15% of boating accidents.


How does negligence come in to play with boating accidents?


If we take a look at the statistics even further, we can determine that the primary causes for boating accidents that were discovered by the proper reviewing authorities were for the most part all due to the negligence of another person.


Different types of negligence that results in boating accidents:

  • no boatingNot maintaining proper look-out
  • Being careless or inattentive
  • Operator inexperience
  • Inattention
  • Excessive speed
  • Alcohol and drug use
  • Improper anchoring
  • Operating in overly congested waters
  • Poor behavior by occupants and skiers
  • Violations of navigation rules
  • Overloading
  • Lack of proper lights

Incidentally, it should be noted that out of all boating accidents in Florida for 2012, 61% of those were caused by experienced operators who all had over 100 hours of experience. 87% were male, and the 51+ years or older range accounted for the highest totals at 39%. Primary causes of death were drowning (62%) and trauma (31%).


Tampa Attorney Spotlight - Frank G. Fernandez:
Frank Fernandez, Tampa Attorney
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 Tampa Attorney Frank Fernandez at 813-489-3222 for a FREE consultation.

How can I expect the claims for my personal injury due to a boating accident to be handled? life preserverOur attorneys are ready to work extremely hard on your behalf and have no issue devoting a great deal of effort and resources on your behalf because we accept only serious, legitimate cases. Our clients find great peace of mind in our experience and commitment to go far as necessary to make a substantial and meaningful difference in the lives of injured citizens.


After negligence is proved in my injury claim, what kind of damages can I expect?


Here in Florida, and particularly in the cases our law firm has handled over the years here in Hillsborough County, most boating accidents which result in a personal injury have resulted in our clients receiving several different types of recoverable damages, including the following:
  • Past and future physical pain and/or mental anguish and suffering compensation
  • Past and future disfigurement compensation
  • Past and future physical impairment compensation
  • Recovery for lost wages, or loss of future earning capacity
  • Past and future medical expenses
  • Punitive damages (in some cases)

While the above list is a general idea of what you can expect when settlement is reached, each case is very unique and results may vary. Our experience and dedication to your case will ensure we work aggressively on your behalf to get you the very best possible outcome for your situation.


Will I be going to court, or is there a chance we can settle out of court?

conference roomOur clients have the right to decide if and when to settle a case or to proceed to trial. We meet with our clients individually to discuss their options and how to proceed in their best interest. Some insurance companies routinely refuse to make a reasonable offer to any lawyer, leaving no other option but to proceed to trial.

It is important to have an experienced trial attorney who is able to provide competent representation in court to obtain a favorable verdict.

Our firm has more than 40 years of combined legal experience. We have a former prosecutor on board as well, and we are also fewer than 10% of Florida attorneys who are authorized to practice in Federal court. When you choose Fernandez Law Group to represent your legal needs, whatever the situation, we put multiple attorneys on your case and thoroughly evaluate every single remedy available to you at no extra expense.

Our personal injury attorneys and dedicated support staff will focus on your needs while providing superior, effective, and vigorous representation of your interests. We are paid for our legal services only if we obtain a recovery on your behalf, and we will come to your home or to the hospital for your convenience.


What should you do if you're in an boating accident involving personal injury?


1. Contact a Lawyer: 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. The Fernandez Law Group promises to give every client the best legal representation and obtain the maximum compensation each client deserves. No matter how hard the fight. By phone or online, contact Fernandez Law Group to discuss your situation and the possibility of bringing legal action against those who are responsible for your injuries.

2. Keep Everything: Get a large envelope or file folder and begin keeping, in one place, everything that is potentially related to your accident or case. Save photographs of the accident or scene, photographs of the injured party before and after the accident, letters, bills, receipts, cancelled checks, insurance policies, police reports, notes, and other documents that might be helpful in proving how the accident happened and, just as importantly, the nature and extent of your injuries.

3. Record Questions: Get a large notebook pad and begin writing down the questions you want to ask your lawyer the next time you meet with him or her. Also write down any additional facts you have forgotten to include in previous interviews.

4. Begin your Diary: As time passes memories become blurred. Sit down now and write a brief summary of the circumstances surrounding the accident. Add a brief summary of the important events that have occurred since the accident.

5. List Witnesses: Every time an important event occurs that is witnessed by someone else, make a note of that person's name, address, and phone number. Also, keep a list of the employees or supervisors at work who can testify as to the amount of your earning loss. If you learn of the existence of any witness to the accident, advise your attorney immediately. The documents, notes, and lists that you collect above will be exceedingly helpful to your attorney as he or she begins to represent you and advocate on your behalf. As your case progresses toward settlement, mediation, or trial, your attorney will work with you on additional tasks and preparation.


What NOT to do after an accident involving personal injury:


DO NOT give a written or oral statement to any person who contacts you about the accident or your case. Instead, refer them to your attorney (or advise them that you are currently obtaining one) then let your attorney know the name, address, and phone number of the person who contacted you.

DO NOT throw anything away.

DO NOT get discouraged. We are here to help.

The Tampa personal injury attorneys of Fernandez Law Group devote a great deal of our civil practice to complex cases pertaining to boating accidents involving personal injury. After years of representing hundreds of clients all over the State of Florida, our firm has established a solid reputation of seeking justice for injured persons. We are committed to providing our clients with the best legal representation available.

Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics. Our Tampa personal injury attorneys are supported by a superior staff of Legal Assistants. If you or a loved one has a question about a potential personal injury case or if you're in need of a personal injury attorney in Tampa, we hope that you will contact our office for a free consultation.


Tampa Personal Injury Resources and Information


Applying Florida Statutes in Tampa Personal Injury Situations


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

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Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Friday, June 6, 2014

How to prepare consultation or appointment with a Tampa Divorce Attorney:

A lone person along Florida beach after divorce

In Family Law cases pertaining to divorce, there are a number of things you can do in order to better prepare yourself for your upcoming consultation with a divorce attorney.

The following is a basic list of what you should consider in preparing for your appointment.


If you have any questions about what to bring, you can always just give us a call, send us an email or use our contact form in the left hand column of this page and we'll be happy to help.

Inevitably, the question of finances always comes up in divorce. Florida divorce law uses equitable distribution to divide property between spouses. This means the financial status of each party will be considered in order to determine what percentage of the couple's property each will receive.

Viewing paperworkIn order to get a better idea of how to distribute property during a divorce, the following documents will likely be necessary:

Personal tax returns:

- It is recommended you try to provide 3 years worth of tax returns

Is there a family owned business?

- If so, try to provide 3 to 5 years worth of copies of your business tax returns.

Mortgage:

- If you share or independently own a mortgage on a house or any other properties, copies of your mortgage statements will also be needed.

Lines of Credit:

If you have any outstanding lines of credit, or any accounts that were active in the last 2 years, copies of those statements should also be provided.

Financial statements:

- Any loan applications or financial statements going back at least 2 years should be copied and provided if possible.

Investments:

- If there are investment or brokerage account statements, your attorney will likely need to see copies of the most recent statements from those accounts as well.

Retirement:

- In the event either party is retired, copies of the retirement statements will be necessary for each retired spouse.

Making copies of paperworkWhen providing statements and documents, it is important that you do the following:

MAKE COPIES! - Don't take a chance, make copies of any important documents you have.

Organize - Try to get everything organized by category and date.

Don't worry! - If you don't have all the documents, or as much of a history as is recommended, just do your best to get together what you do have. Your divorce attorney has ways to obtain any missing information.

Preparing your factual written statement of information relating to the divorce:

writing a statement on paperIt will be necessary to provide a bit of background information to your attorney in order better help facilitate the divorce proceedings and save everyone a lot of time. We recommend trying to include the following:

Parties Involved in the divorce:

- The full name of both spouses, along with the names of any children regardless of whether or not they were born into the marriage or from prior relationships will be needed. The date of birth and social security information may also be necessary, as well as the status of any healthcare associated with any of the involved parties.

- Complete contact information including mailing address and / or P.O. Box, place of work, telephone, email addresses, and any other means for reaching the parties involved is recommended.

Date of marriage and separation (if separated):

calendar in March- Your divorce attorney will also need to know the date of the marriage, as well as the date of separation if the parties are separated.

Education and employment history:

Employment- Try to prepare information related to any employment history of both spouses.

- The employment history should be arranged similar to a job application or resume, with each employer listed in detail.

- You can include employer contact information, what position was worked, the dates of employment, amount of compensation, and the reason either spouse left the job or is no longer employed with any company they've worked for during the marriage.

graduate- The court may also want to consider any costs associated with education, including the education of children and spouses, as well as the costs and enrollment dates, courses studied, GPA and etc.

Criminal History:

person in handcuffs- This is another big one. Any criminal charges or criminal history, whether domestic violence related or even dui or traffic violations should be provided. Court history and docket sheets are also suggested if available.

See Also:

Defending criminal charges and what to expect
Types of crimes in Florida

Health Issues:

- If either spouse or any children have any health issues which are significant, try to provide copies of any documentation relating to the diagnosis, date of diagnosis, any remedies or treatments as well as recommended future and long term care arrangements, and health insurance information.

Other things to include in your statements:

- If infidelity of your spouse is suspected, your divorce attorney would also likely want to see what testimony or evidence you have to back up any claims.

- A brief statement on why you believe the marriage is failing will be necessary. When preparing this, it may be helpful to make an outline of all the reasons you're seeking divorce into a list. Once you have your outline, you can go into more detail behind each of your reasons for divorce.

What questions should you have for your divorce attorney?

Everyone has questions about divorce and what to expect. Here are some Frequently Asked Questions about Divorce with our answers. This list is a good guideline of things you might want to consider asking your next prospective divorce attorney.

1. How many years have you been practicing in the area of divorce or family law?

A: Fernandez Law Group's attorneys have been practicing divorce for over 17 years.

2. Do you have courtroom experience do you have in matters dealing with divorce or family law?

A: Yes, the attorneys at Fernandez Law Group have over 17 years of courtroom experience.

3. How many years have you been practicing law here in Florida? (or any state)

A: Fernandez Law Group has been practicing law in Florida for over 17 years.

4. Do a lot of your cases involve trial, and if so, how many cases do you think went to trial last year?

A: Last year, 20% of our divorce cases went to trial.

5. What kind of experts do you work with, if any, outside of your firm who assist with accounting, investigations or counseling and etc.?

A: Yes! Fernandez Law Group has a team of consultants we work with regularly whenever we need expert opinions to help your case.

6. What are your thoughts about mediation? Is it something you would recommend in my divorce?

A: Here in Florida, mediation is usually court ordered, and we're equipped to properly handle mediation as well.

7. Is it possible for me to have a collaborative divorce, and are you a qualified or trained collaborative divorce attorney?

A: Yes, and we are trained to handle cases of collaborative divorce in Florida.

8. During my divorce, should I be in direct contact with my spouse or only communicate through my attorney?

A: We typically try to encourage communication with your spouse, and also try to work towards the most amicable solutions for both parties involved in order to have as stress free of a marriage dissolution as possible.

9. Do you have any idea how long it might take for my divorce and proceedings to complete?

A: Here in Tampa, you can expect a divorce to take upwards of 8-12 months, if contested, and a little under that amount of time if not contested.

10. Is there anyone else in your law firm who might assist, help prepare for, or represent me in my divorce?

A: Attorney Frank Fernandez is our primary divorce attorney and expert, and along with Frank, paralegals may also assist.

11. Will I be communicating primarily with you as my divorce attorney, or your staff and assistants Can I expect to be in direct contact with you when I have questions or issues regarding my divorce?

A: You will be in direct contact with Attorney Frank Fernandez during the majority of the time we handle your divorce case, although from time to time you may communicate with a secretary or paralegal.

12. Since I'm needing a divorce in Florida, does it matter which county I reside in? And if so, which counties do you primarily practice law in and how often?

A: It doesn't matter what county you reside in or where you got married - Fernandez Law Group practices law in all Florida counties, with the bulk of our practice in Hillsborough County. We have offices in Tampa, St. Petersburg, and Miami for your convenience.

13. Has anything changed in Florida Law recently pertaining to family law and divorce that might affect my case?

A: Yes, there have been several changes to Florida Statutes concerning Family Law and Divorce in recent years. Our attorneys stay up to date on all changes in the law and will inform you if they will have any impact on your case.

Other factors to consider when selecting a divorce attorney:

Divorce is a very complex and serious process that requires competent legal representation. You can be confident that the attorneys here at Fernandez Law Group are comfortable both at the negotiation table as well as in the courtroom.

Our divorce attorneys have over 40 years of combined experience in Tampa courtrooms and are extremely well versed in all applicable family law statutes for the State of Florida. We are also very familiar with how the divorce process works here in Hillsborough County.

In most cases of divorce, the majority of time is spent in deciding about the allocation of joint property. The law differs from state to state regarding just what is 'community property' in a marriage.

Because Florida is a no-fault state, you can divorce your spouse for any reason.

Because any communications you have with your attorney are privileged, having a third party present will void your right to confidential communication. If you wish to consider having a third party present, please consult with your attorney first.

Many attorneys have fees for consultations, however, we are happy to provide you or anyone else with more information on Florida divorce laws and if you need an experienced Tampa divorce attorney you can depend on, you can call us today at 813-489-3222 for a FREE consultation.

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Google+ Content authored by Frank Fernandez

Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Auto Accidents involving Personal Injury and what to expect:

Our Tampa attorneys handle a wide variety of personal injury cases.

When it comes to auto accidents involving personal injury, our experience enables us to come fully prepared and ready to litigate aggressively on your behalf.

When you choose our firm, you get multiple attorneys working on your case.

Our attorneys make up fewer than 10% in Florida who are authorized to practice in Federal court.


If you or a loved one has been injured in an auto accident due to the negligence of somebody else, do not try to handle a claim on your own or risk using an inexperienced lawyer.

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.

Let's take a look at some statistics involving driving citations in Florida:

fire rescue auto accident sceneIn Hillsborough County Florida for the year 2012, there were 4,286 DUI's reported, along with 249 reckless driving citations. 975 citations were issued to drivers for leaving the scene of an accident, while 200 citations were issued for fleeing. And 70 citations were issued for racing on the highway.

Over 9000 people were cited for driving without a license, while 18,449 were cited for driving while their operating privileges were suspended or revoked. 172 were cited for using a license unlawfully.

Accidents involving DUI kill somebody in the United States every 32 minutes, while non-fatal injuries as a result of DUI occur every two minutes.

With those kinds of statistics, there is an increased possibility for you to become involved in an auto accident that causes you injury due to the negligence of another.

And that's not all. Distracted driving is yet another issue for motorists to contend with.

Nationally and in Florida, distracted driving studies show an outside person, object or event as the greatest distraction.

A newly released study involved long-haul trucks for 18 months by outfitting the cabs with video cameras. They found when the drivers texted, their collision risk was 23 times greater than when not texting. The study also measured the time drivers took their eyes from the road to send or receive texts. In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices – enough time at typical highway speeds to cover more than the length of a football field.

• Research shows that over half of U.S. drivers report having used a cell phone in the past 30 days.
• One in seven admits to text messaging while driving.
• Forty-six percent of 16 and 17 year old drivers say they text message while driving.
• Forty-eight percent of 18 to 24 year old drivers text message while driving.
• Sixty-seven percent of 25-34 year old drivers talk on their cell phones while driving.
• Sixty-five percent of drivers with a college education talk on their cell phones while
driving. The higher the level of education, the higher use of the cell phone.

When you take those statistics into account, it comes as no surprise that the majority of all auto accidents involving personal injury of one or more people are the direct result of the negligence of another person.

How can I increase my chances of preserving my rights to full recovery and compensation?

ambulance rideIf you or someone you love has been injured as the result of an auto accident, the most important step you need to take in order to preserve your rights to full recovery and compensation is to contact an experienced personal injury attorney right away to discuss your case.

Whether the accident occurred from careless or reckless driving, DUI, or by an unlicensed, uninsured driver, or if you were a passenger or a pedestrian makes no difference. The results of these accidents are often tragic enough, so take that extra step to obtain legal counsel as soon as possible.

Our attorneys are very experienced and fully prepared to litigate aggressively on your behalf. There are no up front fees or costs unless we win and our consultations are always free. And we make it very easy to reach us, by phone, email, our quick contact form, and even live chat right here on the website. And if you're still unsure, have a look at some of the reviews we receive.

Tampa Attorney Spotlight - Frank G. Fernandez:

Frank Fernandez, Tampa AttorneyFrank 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 Tampa Attorney Frank Fernandez at 813-489-3222 for a FREE consultation.


How can I expect the claims for my personal injury due to an auto accident to be handled?

Our attorneys are ready to work extremely hard on your behalf and have no issue devoting a great deal of effort and resources on your behalf because we accept only serious, legitimate cases. Our clients find great peace of mind in our experience and commitment to go far as necessary to make a substantial and meaningful difference in the lives of injured citizens.

Will I be going to court, or is there a chance we can settle out of court?

conference roomOur clients have the right to decide if and when to settle a case or to proceed to trial. We meet with our clients individually to discuss their options and how to proceed in their best interest. Some insurance companies routinely refuse to make a reasonable offer to any lawyer, leaving no other option but to proceed to trial. It is important to have an experienced trial attorney who is able to provide competent representation in court to obtain a favorable verdict.

Our firm has more than 40 years of combined legal experience. We have a former prosecutor on board as well, and we are also fewer than 10% of Florida attorneys who are authorized to practice in Federal court. When you choose Fernandez Law Group to represent your legal needs, whatever the situation, we put multiple attorneys on your case and thoroughly evaluate every single remedy available to you at no extra expense.

Our personal injury attorneys and dedicated support staff will focus on your needs while providing superior, effective, and vigorous representation of your interests. We are paid for our legal services only if we obtain a recovery on your behalf, and we will come to your home or to the hospital for your convenience.

How do you prove negligence in an auto accident involving injury?

There are many reasons why an auto accident that causes you injury may occur, and the main elements necessary to prove negligence are similar to any other negligence claim.

To make a claim you must prove the person you believe is responsible for your personal injury, loss or damage as a result of an auto accident:

  • Owed you a duty of care and breached the duty of care they owed you.
  • You suffered a loss or injury or other damage.
  • Your loss, injury or the damage occurred as a result of the breach of the duty of care.

    Personal Injuries must be:

    (1) reasonably foreseeable
    (2) there must be a relationship of proximity between the plaintiff and defendant and
    (3) it must be 'fair, just and reasonable' to impose liability.

    However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.

A breach of duty is another term for negligence. In order to prove negligence, there must be evidence to show that the defendant failed to use ordinary care. In other words, that which a reasonable person of ordinary prudence would have done if they were under the same or similar circumstances.

Different types of negligence resulting in auto accidents:

Everyone is expected to maintain proper care in operating an automobile. And generally speaking, almost all auto accidents, whether an accident or not, are directly caused by the negligence of another party. So as you can see, it isn't extremely difficult to prove negligence in an auto accident. There are many qualifying factors, and here in Tampa, the following are the most common types of negligence we see in the auto accident cases involving personal injury that our law firm handles:

  • Failure to be aware of their environment, surroundings, or not seeing other drivers and pedestrians.
  • Failure to maintain proper speed, whether exceeding the speed limit or driving too slow.
  • Tailgating, or following entirely too closely behind another driver.
  • Failure to yield to a right of way.
  • Running red lights and stop signs, or failing to stop at red lights or stop signs.
  • Losing control of the vehicle, reckless or careless driving.
  • Unable to stop in time, rear end collisions, failure to use the brakes properly.
  • Improper signal, lane changes, or failing to use the horn.
  • Driving while impaired or under the influence of alcohol or drugs, including legal prescriptions.
  • Driving on the wrong side of the roadway, highway, leaving the lane of travel, running off the road.

While this list is far from complete, it does represent the majority of the types of cases we see. Proving negligence in these situations in order to ensure the defendant assumes liability for your injury and claims requires your attorney to show that the defendant was the "proximate cause" of your injuries.

Proximate cause is rarely an issue in automobile and truck accidents involving injury as it is very easy to prove.

After negligence is proved in my injury claim, what kind of damages can I expect?

Here in Florida, and particularly in the cases our law firm has handled over the years here in Hillsborough County, most auto accidents which result in a personal injury have resulted in our clients receiving several different types of recoverable damages, including the following:

  • Past and future physical pain and/or mental anguish and suffering compensation
  • Past and future disfigurement compensation
  • Past and future physical impairment compensation
  • Recovery for lost wages, or loss of future earning capacity
  • Past and future medical expenses
  • Punitive damages (in some cases)

While the above list is a general idea of what you can expect when settlement is reached, each case is very unique and results may vary. Our experience and dedication to your case will ensure we work aggressively on your behalf to get you the very best possible outcome for your situation.

Additional factors to consider regarding auto accidents and personal injury:

In some cases, the need may arise to bring claims for a personal injury resulting from a car accident against other parties. In fact, it's not too uncommon. If the individual who caused the accident was working for an employer and driving a company vehicle, the employer could be negligent as well.

Perhaps they permitted an unlicensed driver to operate their equipment or vehicle. Or, more commonly, in many situations the owner of the vehicle may have failed to properly maintain the vehicle, resulting in an accident. If a vehicle owner fails to replace bald tires, for example, and one of the tires has a blow out, or loses traction on wet roads, the vehicle owner may be negligent for improperly maintaining the vehicle.

What should you do if you're in an auto accident involving personal injury?

1. Contact a Lawyer: 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. The Fernandez Law Group promises to give every client the best legal representation and obtain the maximum compensation each client deserves. No matter how hard the fight. By phone or online, contact Fernandez Law Group to discuss your situation and the possibility of bringing legal action against those who are responsible for your injuries.

2. Keep Everything: Get a large envelope or file folder and begin keeping, in one place, everything that is potentially related to your accident or case. Save photographs of the accident or scene, photographs of the injured party before and after the accident, letters, bills, receipts, cancelled checks, insurance policies, police reports, notes, and other documents that might be helpful in proving how the accident happened and, just as importantly, the nature and extent of your injuries.

3. Record Questions: Get a large notebook pad and begin writing down the questions you want to ask your lawyer the next time you meet with him or her. Also write down any additional facts you have forgotten to include in previous interviews.

4. Begin your Diary: As time passes memories become blurred. Sit down now and write a brief summary of the circumstances surrounding the accident. Add a brief summary of the important events that have occurred since the accident.

5. List Witnesses: Every time an important event occurs that is witnessed by someone else, make a note of that person's name, address, and phone number. Also, keep a list of the employees or supervisors at work who can testify as to the amount of your earning loss. If you learn of the existence of any witness to the accident, advise your attorney immediately.

The documents, notes, and lists that you collect above will be exceedingly helpful to your attorney as he or she begins to represent you and advocate on your behalf. As your case progresses toward settlement, mediation, or trial, your attorney will work with you on additional tasks and preparation.

What NOT to do after an accident involving personal injury:

DO NOT give a written or oral statement to any person who contacts you about the accident or your case. Instead, refer them to your attorney (or advise them that you are currently obtaining one) then let your attorney know the name, address, and phone number of the person who contacted you.

DO NOT throw anything away.

DO NOT get discouraged. We are here to help.

The Tampa personal injury attorneys of Fernandez Law Group devote a great deal of our civil practice to complex cases pertaining to auto accidents involving personal injury.

After years of representing hundreds of clients all over the State of Florida, our firm has established a solid reputation of seeking justice for injured persons. We are committed to providing our clients with the best legal representation available.

Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics. Our Tampa personal injury attorneys are supported by a superior staff of Legal Assistants.

If you or a loved one has a question about a potential personal injury case or if you're in need of a personal injury attorney in Tampa, we hope that you will contact our office for a free consultation.

Tampa Personal Injury Resources and Information

Applying Florida Statutes in Tampa Personal Injury Situations

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

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Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Deed in Lieu of Foreclosure Attorneys: Fernandez Law Group - Tampa, Florida

Short Sales

Homeowners have several options when faced with foreclosure. Typical foreclosure defense solutions such as a loan modifications or short sales are generally attempted prior to a deed in lieu of foreclosure.

Also typically only considered by those who do not wish to keep their home, a deed-in-lieu is is usually only used when other loss mitigation attempts are unsuccessful.


To qualify for a deed in lieu, a borrower must be currently facing foreclosure. They will not be able to keep their home or property if they decide to do a deed in lieu of foreclosure.

How does a Deed in Lieu of Foreclosure work?

With a deed-in-lieu, the process involves a transaction between the borrower or homeowner with the company that owns the rights to enforce the terms of the mortgage.

The company enforcing those terms is typically going to be the bank, lender or servicer.

The borrower or homeowner is the person(s) who agreed to the terms of of the mortgage in order to purchase or refinance the property.

When the deed-in-lieu of foreclosure transaction takes place, the borrower agrees to surrender the home or property voluntarily to the servicing company in exchange for a dismissal of the pending foreclosure lawsuit against them.

What is required in order to qualify for a deed-in-lieu of foreclosure?

1. There must be a financial hardship. Examples include:

  • Loss of Job (now has new job)
  • Reduced of Income
  • Job Relocation
  • Death of Spouse or co-Borrower
  • Divorce (spouse has been refinanced off note)
  • Military Duty
  • Long Term or Permanent Disability
  • Damage to Property (natural disaster or unnatural)

    For more information on hardships and the supporting documentation that is used to verify them, we discuss hardship reasons in greater detail on our Conditions that qualify as a Hardship for Loan Modifications page.

2. Lenders typically prefer the property to have been listed for at least 180 days.

Although exceptions are made on rare occasions, most lenders will not consider a deed in lieu of foreclosure unless the property has been listed at fair market value (typically as a short sale) for at least 180 days with no interest or success.

3. All other foreclosure defense options must be exhausted.

As we mentioned earlier, a deed in lieu of foreclosure is typically used as a last resort option. If no foreclosure defense solutions will work for a given situation, the second step is usually to attempt a loan modification. And when those aren't an option, a short sale would be considered next. If that fails to produce results, a deed in lieu would be the next line of defense. These are all common types of foreclosure defense strategies, and bankruptcy can also be included in that list.

4. There can be no secondary liens against the property:

Loan servicers will only agree to a deed in lieu of foreclosure on a first mortgage. This means there can be no additional liens against the property. Examples include:

  • Second mortgages
    - exceptions are made when the same lender holds the second and first mortgage.
  • Mechanics liens
  • Tax liens
  • Judgments from creditors

Can a borrower pay off secondary liens in order to qualify for a deed in lieu of foreclosure?

Yes! A borrower can qualify for a deed in lieu of foreclosure if all secondary liens are paid off.

In some cases, the borrower may even be able to get assistance through HUD for coverage of up to $2,000 in order to pay off second liens. The Department of Housing and Urban Development would need to be the insurer of the loan in order to get their financial assistance.

How can Fernandez Law Group help me with a deed in lieu of foreclosure?

When faced with any serious legal matter, an attorney should always be consulted with in order to protect any rights or available options. A deed in lieu of foreclosure is no different. Our attorneys have been helping Florida homeowners defend against foreclosure proceedings for years. We can help anyone understand their choices when faced with foreclosure and what defense options are best suited for their individual situation and needs.

With a deed in lieu, we can help borrowers work out any issues with secondary liens and also help them avoid any future claims that could potentially arise. A claim could occur for any shortfalls or differences between the mortgaged amount and the selling price.

Some homeowners may find that other options such as a loan modification or short sale are more in their favor. Or they might need aggressive representation to help them defend against their foreclosure. In either situation, a foreclosure defense attorney will greatly improve the outcome.

When faced with a foreclosure lawsuit, time can be a serious factor against those who wait too long to act. A trusted attorney should be contacted immediately in order to preserve all available options.

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



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Note to visitors:

Foreclosure Defense Attorney is a sub-site of Fernandez Law Group with a focus on providing solutions for homeowners who are facing foreclosure in Tampa.

Fernandez Law Group also provides Tampa Personal Injury Attorneys, Criminal Defense Attorneys in Tampa, and Family Law Attorneys in Tampa and you can visit our lawfirm's main website at http://www.thefernandezlawgroup.com/