Fernandez Law Group

10/13/2026

HOW CAN I IMPROVE MY CHANCES OF BEING FOUND NOT GUILTY IN A DUI CASE?

As soon as possible, any defendant in a DUI case should immediately try to write down a few pertinent facts and information about the hours leading up to the incident. These fine details at times could lead to a break in your case. There are also many potential pieces of evidence that a defendant may be able to gather and preserve, which can help with their DUI defense. To learn more about improving your chances of being found not guilty in a DUI, see “How to strengthen your DUI defense” for more information.

https://thefernandezlawgroup.com/dui-defense-lawyers/frequently-asked-questions-about-dui/

Frequently Asked Questions about DUI with answers on what to do, why you should plead not guilty, how to improve chances of being found not guilty, and more.

10/07/2026

MODIFIED COMPARATIVE NEGLIGENCE REPLACES COMPARATIVE NEGLIGENCE

When Governor Ron DeSantis signed House Bill 837 into law effective March 24, 2023, it also shifted Florida to a modified comparative negligence standard (the 51% bar rule).
HOW FLORIDA’S CURRENT MODIFIED COMPARATIVE NEGLIGENCE LAW WORKS:
50% or Less at Fault: You can recover damages, but your financial award is reduced by your exact percentage of fault.
51% or More at Fault: You are completely barred from recovering any compensation from other at-fault parties.
Governing Statute: This is codified under Florida Statutes section 768.81.
THE MEDICAL MALPRACTICE EXCEPTION

Medical negligence and medical malpractice claims are an exception to this rule and still follow the old pure comparative negligence system. In those specific medical cases, a plaintiff can still recover damages even if they are more than 50% responsible for their harm.
FLORIDA USED TO FOLLOW THE COMPARATIVE NEGLIGENCE LAW:

Florida personal injury laws used to include provisions for comparative negligence.

If an accident or injury victim was seeking to hold the negligent party liable and that party then tried to claim that the victim was actually to blame – either in full or in part – it could have affected the amount of compensation received from other at-fault people or businesses. As of March 24, 2023, that is no longer true.

Florida no longer follows a “pure comparative negligence rule“, where the compensation a victim was entitled to could be reduced by the amount equal to the percentage the victim is at fault for.

For example, if a driver ran a red light hitting the victim, as the victim was traveling above the speed limit, insurance adjusters could often cite and try to make use of this rule during settlement talks.

https://thefernandezlawgroup.com/personal-injury/resources/florida-personal-injury-laws/

Florida Personal Injury Laws, resources and information presented by Fernandez Law Group's Award Winning Tampa Lawyers. Free Consultations - 813-489-3222.

09/30/2026

FLORIDA ORDERS FLOCK CAMERAS OFF STATE ROADS BUT TAMPA BAY IS NOT DONE WITH THEM YET.

WHAT TAMPA, HILLSBOROUGH, PINELLAS & PASCO DRIVERS NEED TO KNOW ABOUT FLOCK CAMERAS, ALPR SURVEILLANCE & FOURTH AMENDMENT RIGHTS

Florida just made a major move against automated license plate reader cameras, but there is an important catch. The cameras are coming off Florida’s state roads, but not completely out of the Tampa Bay Area.

On August 31, 2026, the Florida Department of Transportation revoked permits for automated license plate readers (ALPRs) located in state highway rights-of-way and directed affected law enforcement agencies to remove them within 30 days.

As a result, the debate over Flock cameras has officially moved from a local controversy to a major Florida legal and constitutional issue. In Tampa, Hillsborough County, Pinellas County, Pasco County and surrounding communities, there are many important lingering questions that still need answered.

If a camera records where you drive, stores your vehicle information, and that information is later used in a criminal investigation, what are your rights?

https://thefernandezlawgroup.com/2026/09/03/florida-orders-flock-cameras-off-state-roads-but-many-will-remain/

Florida orders flock cameras off state roads but many will remain - FREE Consultations, 813-489-3222

09/22/2026

FELONY BATTERY

The prosecutor can also charge a defendant with felony battery if this is a subsequent offense.

Felony battery is a third-degree felony. In Florida, the sentence is typically up to five (5) years in prison along with up to $5,000 in fines.



https://thefernandezlawgroup.com/criminal-defense/assault-and-battery-defense-lawyers/

09/16/2026

📌3 REASONS COMMERCIAL TAMPA TRUCK ACCIDENT CASES ARE DIFFERENT

1. Multiple Defendants – These cases can involve multiple defendants and insurance companies. In addition to truck drivers, trucking companies, shippers, brokers, mechanics, and others may share legal responsibility for injuries caused by commercial vehicles.

2. Standard of Care – Drivers of commercial vehicles are required to have special CDL licenses and a thorough knowledge of the federal rules and regulations governing vehicle operation. While most jurors understand the general rules of the road, expert testimony is typically required to explain the standard of care that applies to commercial vehicle drivers and companies.

3. Special Laws – Commercial truck drivers and companies are strictly governed by the Federal Motor Carrier Safety Regulations. Finding drivers in non-compliance with FMCSR is important in proving liability. An experienced truck accident lawyer can look for violations of these comprehensive rules to prove additional negligence.

https://thefernandezlawgroup.com/personal-injury/tampa-truck-accident-lawyers/

FLG's Tampa Truck Accident Lawyers provide strong legal representation to victims of commercial large truck & tractor trailer crashes. 813-489-3222

09/04/2026

"Frank is a compassionate attorney who helped with a fairly administrative yet tedious and stressful case. Frank keeps the human in being an attorney while practicing in an esteemed and expertly knowledgeable way. He answers questions, is kind, articulate, and can/will explain things in a calm and informative manner. Everything as far as backend work was handled in-house and I didn't even consider it once. Frank makes.." says Andrew on Google

★★★★★ Frank is a compassionate attorney who helped with a fairly administrative yet tedious and stressful case. Frank keeps the human in being an attorney while practicing in an esteemed and expertly knowledgeable way. He answers questions, is kind, articulate, and can/will explain things ...

08/31/2026

WHAT ROLE DOES EVIDENCE PLAY WHEN SOMEONE IS UNDER INVESTIGATION?

Evidence plays a crucial role in when someone is under investigations, as it helps establish the facts of a case. It can help establish probable cause, support claims, build the case, identify suspects, help defendants defend against charges, influence plea bargains, and judges also rely on it to make rulings during pre-trial motions as well as during the trial itself.

https://thefernandezlawgroup.com/arrest-process/under-investigation/

08/19/2026

HOW TO PROTECT YOUR RIGHTS WHEN INJURED BEFORE AN INSURANCE COMPANY PROTECTS ITS OWN INTERESTS

IF YOU WERE HURT IN THE TAMPA BAY AREA, DO NOT ASSUME YOU HAVE TIME TO FIGURE THINGS OUT LATER.

That is one of the biggest mistakes injury victims make, and it can be a very expensive one. Florida gives most negligence victims only two years from the date of the injury to file a lawsuit. That deadline applies to many car crashes, truck accidents, motorcycle wrecks, pedestrian injuries, and slip-and-fall claims. If you wait too long, your case can be gone before it ever starts. The clock usually starts on the day you were hurt.

The insurance companies do not need to finish their review before the legal deadline expires. Therefore, your treatment does not pause the statute. You should not assume a claim is safe just because somebody told you they were “working on it”. In many cases, delay is exactly what hurts injured people the most.

In Florida, while the general statute of limitations for negligence-based injury lawsuits is two years, you are given more than two years under a few specific circumstances:
Claims Against the Government: For most personal injury claims against a state or local government agency, you have three years to file a formal claim.
Delayed Discovery (Medical Malpractice): In medical malpractice cases, Florida law applies the “discovery rule,” giving you two years from the date the injury was discovered (or reasonably should have been discovered). However, this is capped by a strict four-year statute of repose, meaning your claim cannot be filed more than four years after the actual medical incident occurred.
Injuries to Minors: If the victim is a minor, the statute of limitations is often tolled (paused) or extended, typically granting extra time until the child reaches a certain age of majority.
Pre-HB 837 Incidents: If your injury occurred before March 24, 2023, you may still fall under the prior law, which granted victims four years to file a negligence claim.

https://thefernandezlawgroup.com/2026/07/09/rights-when-injured/

08/10/2026

Q: SHOULD I GO TO THE ER AFTER AN ACCIDENT?

A: Yes, you should go to the emergency room immediately after any accident if there’s any sign of injuries at all. Going to the emergency room helps you receive the care you need and begin your medical treatment program right away. If injuries are less severe, another option is to go to an Urgent Care Facility, which can help keep costs for treatment down.

https://thefernandezlawgroup.com/personal-injury/resources/frequently-asked-questions-about-personal-injury/

08/07/2026

WHO IS NEGLIGENT IN A SIDE-IMPACT CRASH?

There is a legal standard that states any driver of a vehicle owes a duty of care to anyone else on the road, including passengers and other car drivers. This standard means a driver owes it to others to exercise the same caution and care an average person would use in the same situation.

If a Plaintiff decides to bring a lawsuit, they must be able to prove the Defendant (other driver) was negligent and failed to meet the standard of care when they were operating their vehicle, which resulted in the accident that caused the Plaintiff’s injuries. And with a side-impact collision, both drivers may be injured and also found liable to some degree.

https://thefernandezlawgroup.com/personal-injury/side-impact-crash-lawyers/

For over 25 years, our side impact crash lawyers have helped people of Tampa get compensation for injuries or damages sustained from side-impact crashes