Overnight crash on Veterans Expressway is being investigated by Tampa police

Overnight crash on Veterans Expressway is being investigated by Tampa police

Fatal Tampa Motorcycle Crash

According to police, a 43-year-old man died Tuesday after crashing into a guardrail around 12:37 am. Luis Fernando Pinheiro-Narciso, 43, reportedly lost control of his motorcycle while negotiating a curve on the Veterans Expressway ramp, striking a guardrail. After the collision, Mr. Pinheiro-Narciso’s motorcycle tipped off the roadway, killing him. As far as the police know, no other cars were involved in this accident.

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Collect Critical Evidence From Your Accident With These Expert Legal Tips

Collect Critical Evidence From Your Accident With These Expert Legal Tips

Getting hurt in a car accident can throw your life into chaos. As you manage your growing pile of bills while attending doctor’s appointments, you’re also dealing with your family’s grief, fear, and losses. It should come as no surprise that gathering evidence and improving your personal injury case aren’t your top priorities.

If you wait too long, it is more likely that your evidence will disappear, reducing your chances of getting fair compensation for your injuries. In the aftermath of an accident, physical evidence is often crucial to determining fault. Negotiations and trials place a higher value on tangible objects than on testimony, which, in the best of situations, is notoriously unreliable and only gets less dependable over time. A properly documented and saved piece of physical evidence will not disappear, and it will provide objective evidence of the extent of the damage and can be used to establish fault. In addition to the dented car door or broken bike frame, victims will also want to preserve a picture of the road conditions at the time of the accident. For more information and tips on collecting important evidence from your accident, continue reading below.

Collect Critical Evidence From Your Accident With These Expert Legal Tips
Collect Critical Evidence From Your Accident With These Expert Legal Tips

How Does Evidence Affect the Case?

Getting the right result quickly after an accident depends on evidence. In some cases, it can even prevent you from going to trial. You’re more likely to get a fair settlement before trial if the other party acknowledges that you have a strong case. It’s possible that they will decide to roll the dice if they are not convinced you have built the evidence in your case in hopes of confusing the jury and paying you less than you deserve. You can preserve evidence in your Florida car accident claim with these tips:

  • Write Down What Occurred: Your memory might be clear after an injury occurs. The details of something so meaningful can fade over time, even if you think you will never forget them. Moreover, you may find that an aspect you initially didn’t consider important ends up being crucial. Whenever you can, make sure to jot down all the details that come to mind. In order to build a meaningful case, your attorney will use the details of this account.
  • Journal Your Injuries: After an injury, keeping track of medical appointments and bills can be a challenge. Your treatment plan, and your progress must be documented. Record your appointments, expenses, and pain levels in a journal. Be sure to keep a copy of every medical bill and benefit explanation. Don’t exaggerate your injuries or pain, but be forthcoming. You may need to keep this record in order to put together your case later.
  • Don’t Wait: You lose evidence when you lose time. Even a short time from now, the accident scene may look very different. Often parties may want to change things quickly to hide valuable evidence. There is the possibility of witnesses moving away or forgetting crucial information. There are even time limits for pursuing your injury losses claim.
    You should start gathering evidence immediately for all of these reasons. The more evidence you can collect right away, the stronger your case will be. There is no such thing as too much evidence, and your attorney can explain how to gather the evidence necessary to support your claim.

Types of Evidence for Car Accident Claims

You will certainly want to seek compensation for injuries caused by negligence in a car accident. However, as a plaintiff, it is your responsibility to prove your case in a car accident case.

This means that you must prove all instances of negligence beyond a reasonable doubt. Therefore, you must prove that the at-fault party injured you because of their negligence rather than an underlying condition at the time of the crash. The following are the types of evidence needed for your car accident claim:

  1. Photos and Videos: Probably the most important type of evidence for car accident claims is surveillance video and photographs of the accident scene. Using photos or videos will help you illustrate multiple details of the crash, like what caused the accident, who was to blame, conditions of the road, who was involved, etc. Therefore, you should take as many pictures of the accident as possible when it occurs. You should try to take photos and videos of virtually everything, from the state of the road and nearby traffic signs to vehicle damage and your injuries. Photos and videos, along with other types of evidence, will be crucial in your efforts to prove that the other driver breached their duty of care.
  • Medical Records and Payment Statements: When it comes to proving your car accident case, medical records are vital. In any case, you must seek medical attention immediately following an accident, whether you have visible injuries or not. Be sure to record all the information associated with your medical appointments. Among these will be details about how you were treated, who you saw, and how much you paid (if any costs). Your medical records must also be provided to you upon completion of treatment. Diagnostic images such as MRIs and X-rays should be included. Also, gather all medical bills from every healthcare provider and receipts for medicines. The right medical records will show the extent of your injuries as well as the associated medical costs, thus justifying your settlement request and proving your losses.
  • Witnesses and/or Driver Statements: In a car accident claim, witness statements usually prove to be the most reliable evidence. These images serve the same purpose as photos in clarifying who is at fault. Therefore, you must obtain the names and contact information of all witnesses if you are able to do so. A witness can provide valuable details about what took place before and after the accident, thereby revealing how the other driver contributed to it. An experienced Florida car accident attorney may also be able to locate expert witnesses if necessary. These individuals often play a critical role in proving the legitimacy of your injury lawsuit by reconstructing the accident.
  • Police Reports and Other Official Reports: Immediately following a car accident, you should call the police. The law in Florida still requires you to report an auto accident, even if no one shows up, particularly if people are injured or property is damaged. Police reports must be acquired whether you file the report yourself or if they are called to the accident scene. Despite the fact that police reports may not be admissible in court (because of hearsay laws), they may be pertinent during a settlement negotiation. Moreover, it contains important information about witnesses, the officer’s conclusions regarding traffic violations, speeds, roads, etc. All of these can be useful in proving fault.
  • Surveillance Footage: Traffic cameras can be installed in nearby buildings, stores, gas stations, and offices. When you know exactly where the accident that caused your injuries took place, you may be able to obtain surveillance footage to prove the other party was at fault. You should also keep in mind that this type of evidence must be obtained legally, a reputable Florida car accident attorney will be able to assist you.
  • Vehicle Debris and Wreckage: When examining wreckage, you can establish various facts such as speed and direction of the oncoming vehicle(s). There may also be shredded tires or broken brake lines that indicate the manufacturer may be at fault. Ensure all wreckage and debris are secured, and hire an experienced car accident attorney to evaluate the evidence.

How a Car Accident Attorney Can Save Evidence

The best way to ensure all the evidence that will help you build your case is to hire an experienced car accident lawyer. With the help of a skilled attorney, evidence that would have otherwise been lost quickly can be preserved and documented using procedures that require extensive knowledge and expertise.

An attorney may use the following strategies to preserve evidence in an injury case:

  • Recover Surveillance Footage. As mentioned earlier, surveillance footage must be obtained legally. Your attorney may be able to request and recover any footage from a surveillance camera before it is erased.
  • Open Records Act.  Through the Open Records Act, any intersection with traffic cameras can provide footage to victims of accidents. While your lawyer is negotiating the red tape involved in recovering the footage, you can focus on your healing.
  • Send an Anti-Spoliation Letter: Evidence that is damaged during a personal injury case needs to remain intact as evidence. An attorney can write a letter of anti-spoliation ordering the object in question to be preserved. A letter such as this should be hand-delivered or sent in a way that provides proof of delivery.

Contact Calandro Law in Riverview Florida

Whether you have suffered due to another’s negligence or just need help gathering evidence and demanding fair compensation, Calandro Law can assist. As experts in collecting time-sensitive, difficult evidence, our lawyers will do whatever it takes to find out what happened to cause your injuries. Contact us here to schedule a free case evaluation.

Tips for Returning to Work After a Serious Injury

Tips for Returning to Work After a Serious Injury

Adrenaline rushes through the body after being involved in a car accident, making it seem as if someone is fine, even though they are seriously injured. You should wait three days at least to let the adrenaline completely disappear from your body and check for any injuries.

You are likely to have many racing thoughts if you’ve recently been injured in a car accident. You’re probably feeling overwhelmed. The time away from work, the medical bills in the future, and if you’ll ever be able to live like you did before the accident may concern you. Furthermore, you are unlikely to know how severe your injuries are until weeks after your accident.

The amount of additional time you need to take off work may depend on the severity of your injuries, the treatment plan, and your doctor’s recommendations. You will be more likely to re-injure yourself or prolong your recovery if you return to work before you are fully healed. Here are some tips for preparing for your return to work after a serious injury:

Follow Up with Doctor’s Appointments

Document Evidence of Your Symptoms and Complications

Keep in Touch with Your Employer

Respect any Limitations from Your Injury

Do Not Go Back to Work Before You are Ready

Know What to Do If You Re-Injure Yourself or Learn You Can’t Go back to Work

Consider Vocational Rehabilitation

Tips for Returning to Work After a Serious Injury
Tips for Returning to Work After a Serious Injury

Follow up with Doctor’s Appointments

In most cases, you’ll be provided with a treatment plan after your initial examination with a healthcare professional. Your primary care physician will need to schedule follow up appointments as well. Attending your physician’s appointments and following his or her instructions is important.

The longer you wait, the more likely you are to develop additional symptoms. You will need to document these so that you can revise your recovery plan. It’s also a good idea to let your insurance company know about these symptoms. You will be able to determine your return to work date when you receive your recovery plan and follow up appointments.

Your recovery plan may be impacted if you end up neglecting your medical responsibilities and end your recovery plan early. It is possible for your condition to worsen or to develop new ones. As a result, you may have to extend your recovery time before returning to work. In addition, if you do not follow your doctor’s advice, you may have difficulty getting compensation for your injuries.

Document Evidence of Your Symptoms and Complications

Whenever an accident occurs, the first step should always be to seek medical attention. Document your symptoms, both mental and physical. You will need this information not only for your personal injury case, but to provide your doctor with a clear understanding of your injuries, so they can create the best possible recovery plan for you.

As you recover, continue to keep a journal of your feelings. Your doctor will be able to better gauge your healing process, which will enable him or her to guide you as to whether it is safe for you to resume work. In addition to allowing your doctor to make adjustments to your recovery plan, documenting your feelings can help you identify potential complications.

Keep in Touch with Your Employer

A worker with an injury is required to provide their employer with out-of-work or restriction slips during the treatment period with regular updates that do not contain excessive details. In many cases, employers may help create a reintegration plan for an employee. A lot of these plans take into account the employee’s old responsibilities as well as their current abilities.
It is essential that an injured worker discuss his or her limitations with the employer before being allowed to return to work on light duty so that all parties are aware of the return to work expectations. When an employer cannot accommodate an injured employee’s limitations, the injured worker is entitled to remain out of work and continue to receive benefits until either the employer is capable of accommodating the limitations or the injured worker is able to return to full duty.

Respect any Limitations from Your Injury

When providing a disability certificate, doctors usually explain any limitations an employee may have. Some of these limitations may be:

  • Reducing hours an injured worker works during a shift
  • Limiting the amount and weight a person is expected to lift
  • Regular breaks during a shift.
  • Excluding the use of heavy machinery
  • Excluding certain work activities, such as bending, stooping, or crawling

It is critical to inform your employer of your limitations before returning to work and keep a copy of it.

When returning to work, employees should pay attention to their own bodies as well. When workers return to work, they usually pour all their energy into it. However, injured workers have a responsibility to inform their doctors of the nature of their employment so that a restriction slip can be issued according to their current medical condition. Those who have suffered work-related injuries do not want to relive the experience again. In order to avoid causing new injuries, it is crucial that employees respect their boundaries.

Do Not Go Back to Work Before You are Ready

You should not return if you haven’t been cleared to do so by your doctor. Your recovery may be affected if you return to work too soon, and you may re-injure yourself. Regardless of whether you feel well enough to return to work, you should still listen to your doctor. Make sure you can perform work tasks to your fullest capacity. Often overextended employees ask for trouble when they return to work before they are ready. In order to achieve a full recovery, your doctor may recommend that you return to work with medical restrictions. Re-injuring yourself after returning to work on your own and against your doctor’s advice can only lead to frustrations for both of you and your employer.

A Florida workers’ compensation lawyer can help if you are concerned about finances after your workers’ compensation benefits have been remitted or revoked. If you cannot work, your attorney may be able to seek benefits on your behalf.

Know What to Do If You Re-Injure Yourself or Learn You Can’t Go back to Work

Despite following your recovery plan and returning to work when you’re ready, there is always a chance you can re-injure yourself or your previous condition can resurface. Your employer will want to know about this and you should make an appointment with a doctor as soon as possible.

Upon returning to your place of employment, you may discover that you can no longer perform the duties of your previous role. You can discuss this with your employer. It may be possible to work in another position until your body heals more. It might also be a good idea to visit your doctor again as well. In order to find out why you cannot return to work yet, they’ll evaluate your injuries. It is possible that they will tell you to take more time off.

Consider Vocational Rehabilitation

An injured worker should determine if permanent work restrictions are appropriate after finishing treatment or when his or her medical care is close to being completed. The physician must indicate the circumstances under which a worker will not be able to return to their previous employment if they are permanent restrictions. If a worker is permanently restricted because of an injury and his employer can’t accommodate his restrictions, he might be eligible for vocational rehabilitation.

In vocational rehabilitation, a professional counselor assists the injured worker in obtaining new employment. During vocational rehabilitation, the injured worker is entitled to the same weekly benefits they received when they were receiving medical benefits and unable to work.

The purpose of vocational rehabilitation is to assist the injured worker in obtaining “suitable gainful employment.” Once the worker obtains such employment, whether with their old employer or a new one, vocational rehabilitation is completed.

The process of recovering and returning to work can be complicated and confusing. If an injured worker is provided with vague or inaccurate documentation, benefits can be terminated unnecessarily. In other cases, employers and insurers deny accommodation requests or vocational rehabilitation requests from injured workers. Therefore, it is imperative that employees who are injured have skilled and experienced legal representation to fight for their benefits.

Contact Calandro Law for Your Claim

To learn more about your rights and the claims you can make, we recommend you speak with an attorney who specializes in car accidents. At Calandro Law we are well versed in fighting for fair compensation for our clients. We’ve seen it all and are prepared to assist you if you’ve recently sustained a serious injury due to work or an auto accident. Contact us here to schedule a free case evaluation.

When it comes to recovering from an injury, it’s your health that matters most. So we suggest that you take the time you need to heal and let us help you seek the compensation you deserve.


Florida Parking Lot Accidents – What You Need to Know

Whether you have been injured in a parking lot accident as a result of an unsafe property condition or due to a negligent driver, it is important to consider all of your legal options. If you have been injured in Florida, a knowledgeable injury attorney can formulate a strategy to protect your right to compensation.

It is possible to have a devastating accident in a parking lot. Property conditions are often the cause of these incidents. Owners of parking lots, for example, need to ensure that their parking lots are well-lit, free from serious potholes, have safe sidewalks, and are free of debris that can cause people to trip and fall. When they do not, people can suffer serious injuries, and often hold the property owners accountable. However, in some cases, parking lot accidents are also caused by distracted drivers who strike pedestrians while backing out of a spot or pulling into one. Whether your injury was caused by a driver’s negligence or human error, if you have been wrongfully injured in a parking lot accident, you need the assistance of an experienced lawyer. Continue reading to learn:

Common Types of Parking Lot Accidents in Florida

Who is at fault in a  Parking Lot Accident?

Who Has Right of Way

Florida Parking Accident Laws

What You Should Do After a Parking Lot Accident

Reporting a Parking Lot Accidents

 How to Avoid an Accident in a Parking Lot

Common Types of Parking Lot Accidents in Florida

The most common parking lot accident has to do with another vehicle’s door opening into another. If the responsible vehicle is still around, you can match those scratches.

Several other scenarios involving parking lot accidents are listed below:

  • Your car collides with a car pulling out of a space as you drive by
  • A shopper walking behind a car is struck by a backing car
  • A speeding driver hits a pedestrian in a parking lot
  • There’s a car that drives down the wrong lane in a parking lot

Suppose two vehicles are backing out of a parking space and collide end-to-end. What will happen? You may not realize how common this is. Parking lot end-to-end collisions (accidents caused when two cars back out into each other) occur frequently. A police officer may find it difficult to determine fault under these circumstances. According to the doctrine of negligence, drivers must both obey a duty of care to ensure that they are confidently operating their vehicles and are fully aware of where they are parked. As a result, the driver who begins backing out last is held responsible. The driver who backed out first would not be at fault.

When it is unclear which car led to the accident, the police officer on the scene will have to determine who is to blame by taking into consideration the context of events and the testimony of eyewitnesses. Though it doesn’t happen often, accidents may be considered no-fault if fault cannot be determined.

It is also common for drivers to collide with another vehicle while racing to park. In some of these accidents, the negligent driver is clearly to blame. Some others have “shared” responsibility. In such cases, it is vital to hire an experienced Florida car accident lawyer who can assess all the facts and determine who was at fault.

Who is at fault in a  Parking Lot Accident?

Florida’s rules of negligence govern parking lot car accidents. Someone who was negligent means that they could have avoided the collision with more care. According to Florida law, the person who could have prevented the accident if only they had acted differently should bear the blame.

If you want to determine fault, you need to evaluate the actions of each party in order to find out who acted negligently and caused the collision. It could be the driver or a pedestrian who is responsible.

  • When thinking about whose actions led to the accident, consider the following:

    • Were either party breaking any traffic laws, such as reckless driving or drunk driving?

    • Did either side back out while cars or people were in the way?

    • Which party is at fault for speeding?

    • Were there any pedestrians who ran into moving traffic?

    • Does anyone appear to have violated the parking lot’s traffic rules?

    • Would anyone involved have been wise to look around a bit more before proceeding through the parking lot?

    • Did anyone cause harm intentionally?

Who Has Right of Way

Florida and most other states give the right-of-way to the cars in the through lanes of parking lots (those looking for exits or spots). To be safe, people in the parking spots must yield to the cars in the through lane.

Cars that back out into a through lane will almost always be held legally responsible when they collide with vehicles in the through lane. The responsible party is considered to be at fault. It is possible, however, that there can be exceptions.

Florida Parking Accident Laws

If you haven’t been in a car accident, you should still be familiar with Florida parking lot laws, since parking lots are usually the most common location of car accidents.
When you or a loved one is involved in a parking lot accident in Florida, you may find it useful to know the laws regarding such an incident. Listed below are just a few key points to keep in mind about parking lot accident laws in Florida.

Parking lots are considered private property in Florida. Because of this, parking lot accidents do not always follow the same laws that apply to accidents on public roads. Due to this, police may not respond to a parking lot accident in which no serious damage has been done.

Additionally, the law in Florida requires property owners to maintain parking lots since they are considered private property. In this case, the property owner must maintain the pavement, provide adequate lighting, and remove debris.

Florida is a no-fault state, meaning it uses the no-fault insurance system. An insurance policy that does not pay for the injuries or damages of others involved in an accident is known as no-fault insurance.

When a person sustains injuries exceeding the limits of standard Personal Injury Protection, fault is considered. To fully compensate injured parties, determining fault becomes important.

What You Should Do After a Parking Lot Accident

Injuries sustained in parking lots often do not allow the injured person to do anything except wait to be transported to the hospital. Nevertheless, if possible, make sure that you document the details surrounding your accident so you can submit them into your personal injury claim. It is important that you take these steps if you find yourself in a parking lot accident:

  1. Call the police as soon as possible.
  2. Take pictures of the unsafe conditions that led to your accident.
  3. Obtain the contact information of anyone who witnessed the accident. Possibly, they will verify your claim at a later time.
  4. You should seek medical attention even if you aren’t seriously injured. Certain injuries may take a few days to manifest themselves.
  5. Make sure all medical records about your injury are available.
  6. Hire an experienced personal injury attorney who can help determine how your accident occurred and file a personal injury claim on your behalf-and do so within four years of the date your accident occurred, as Florida’s statute of limitations pertains to personal injury claims.

Reporting Parking Lot Accidents

The law of Florida requires you to report an accident if the damages or medical costs exceed $500. The police might not respond unless there’s an injury requiring an ambulance. However, it is still necessary to exchange information with other parties involved in the accident.

It is important for the police to be involved if this is a “hit-and-run” incident. If necessary, report the incident to the shopping facility’s management. To help identify the fleeing driver, they might provide security camera footage.

 How to Avoid an Accident in a Parking Lot

There are many factors that contribute to car accidents in parking lots. Following a few safety protocols can help prevent these accidents:

  • Park in an area that is well lit.
  • Place any purchases you make in the trunk and avoid placing them anywhere that could distract you from driving safely.
  • Before you start moving, make sure you’re ready to drive – don’t start fastening your seat belt while you’re driving; do it beforehand!
  • Don’t speed in parking lots; take your time.
  • Be careful to back out slowly – remember to give way to cars going through the parking lot.

If you are involved in a car accident in a parking lot, contact a lawyer as soon as possible.

Contact Us

Calandro Law’s attorneys have the skills and knowledge to provide legal guidance to clients in Florida. The legal process can be complex and complicated, which is why we offer each of our clients compassionate and efficient legal assistance. To schedule a consultation please contact us here.

man is in critical condition after and accident in Florida

I-75 Crash Kills Teen from Seffner; Injures Man from Riverview

Polk County Car Crash

man is in critical condition after and accident in Florida

The Florida Highway Patrol said a Seffner teen died after his car slammed into trees Tuesday night along Interstate 75. According to troopers, the 18-year-old driver was speeding on I-75 near milepost 253 when the vehicle spun at a curve. While spinning, the car hit a vehicle driven by a 20-year-old Riverview resident. A trooper reported that both cars slid down a hill and struck a tree line.

According to authorities, the teenager died at the scene. Detectives say the Riverview driver sustained serious injuries.

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car is totaled after a single-car crash in Lakeland, Florida

Florida Highway Patrol Reports Crash That Killed a Lakeland Man

Polk County Car Crash

car is totaled after a single-car crash in Lakeland, Florida

Polk County’s Florida Highway Patrol reported a 44-year-old Lakeland man has been killed in a single-car crash on I-4 early Tuesday morning. Investigators said the driver lost control of his vehicle when he had a medical emergency while driving westbound on I-4 at milepost 34. His truck slammed into nearby cable barriers and crashed into the media. According to local authorities, he died at a hospital.

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police arrive on scene of multi-car crash in St. Petersburg

Man charged with DUI After Multiple-Vehicle Crash in St. Petersburg

Pinellas County Car Crash

police arrive on scene of multi-car crash in St. Petersburg

In a multi-vehicle crash on Interstate 275 on Wednesday, a St. Petersburg man, 29, is charged with driving under the influence of drugs and driving without a valid driver’s license. There was also a trooper involved in the crash. During a traffic stop on I-275 northbound near the 54th Avenue North exit, the Florida Highway Patrol vehicle was parked on the shoulder. The 29-year-old man lost control of his vehicle at this point, causing it to crash into the back of a vehicle traveling in the center lane, authorities said. This caused the vehicle in the center lane to spin a number of times, police said. After continuing in the right lane, the 29-year-old collided with a pickup truck from the side.

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room being cleaned after discovering toxic mold in riverview, florida

Can You Sue for Mold? Ask a Toxic Mold Attorney

Over time, mold can affect a person’s living environment, including their health and property. Those exposed to toxic black mold will often become debilitated by it the longer they remain in the apartment, house, or unit. Long-term exposure can cause serious health problems, which worsen as time progresses. The more exposure a person has, the greater the threat to their bodies. In many cases, the toxic mold is not discovered until the tenant suffers catastrophic damage such as respiratory harm, internal organ damage, or mental impairment. 

A lawsuit could result if toxic mold is discovered in your home, apartment, or other property, especially if there was a pre-existing issue with the building, or if there wasn’t proper cleanup after a flood or other issue. Speak with a toxic mold attorney to learn if you may be eligible for compensation after being exposed to harmful mold. This article covers the fundamentals of toxic mold lawsuits: who might be liable, what kinds of losses can be recovered, and why you might need to act as soon as possible.

room being cleaned after discovering toxic mold in riverview, florida

What Is Mold? 

Mold is a fungus. It can be found almost anywhere in the environment, including the air. In general, low amounts of mold in the environment do not pose a serious health risk to healthy people. Black mold is not a specific mold – many molds are black. When people use the term, they may mean Stachybotrys chartarum, also known as Stachybotrys atra. No scientific studies have shown that S. chartarum is more hazardous than any other mold. 

In large quantities, mold may cause health issues in just about anyone if it is inhaled in large quantities. However, certain people may be more sensitive to mold spores, and they may develop respiratory symptoms after inhaling even a small quantity of spores. As such, mold growth in the home should be removed and steps should be taken to keep it from returning.

The Difference Between “Toxic Mold” And “Black Mold”  

Toxigenic molds produce toxins, specifically mycotoxins. As with other types of mold that can grow in your house, molds that produce mycotoxins may present hazards. 

Mycotoxins are not produced by all fungi, and even those that do will not produce them in all surface or environmental conditions. Mold growth, usually in the form of spots, can appear in a wide range of colors, and can smell musty. Color does not indicate how dangerous mold may be; it should be removed and the source of moisture that encouraged its growth should be removed. 

The reported health effects of toxic molds within homes are rare, such as pulmonary hemorrhage and memory loss. In these reports, the presence of toxigenic mold has not been proven to be the cause for these conditions.

The Symptoms Of Black Mold Exposure 

The growth of mold is most common in moist areas, including bathrooms, around windows, near pipes, and anywhere there has been flooding. The fungus can grow on a wide range of surfaces, including cardboard, wallpaper, carpet, and drywall. 

Obvious signs of mold can include black stains on the wall as well as mushrooms growing out of the carpet.Mold problems are often only discovered when people begin to experience health issues. As a result of mold exposure, you may experience: 

  • Nose congestion 
  • Wheezing 
  • Rashes 
  • A flare-up of asthma 
  • Feeling short of breath 
  • Coughing

Mold can trigger upper respiratory issues in people who are more sensitive to it. You are more likely to develop serious health problems if you are exposed to mold for an extended period of time, including organ damage and mental impairment. 

Check your property for mold if you experience allergy-like symptoms or what feels like a persistent cold. In the event that mold is present and has caused significant damage to your health and/or your property, you may be able to sue your landlord for damages.

Black Mold And Your Landlord’s Responsibilities 

It may be possible to file a lawsuit against anyone who has caused or contributed to the presence of toxic mold in your home or other property if you or a family member have suffered health problems or property damage due to the presence of toxic mold. 

You might have the option of filing a personal injury lawsuit, a property damage claim, or even a professional malpractice claim, depending on the specifics of the situation. 

Let’s see who might be liable for toxic mold harm: 

  • Renters can sue their landlord or property manager for health problems and damage to personal property caused by mold exposure. Renters’ insurance can also cover property damage. 
  • You may be able to sue a previous owner for most categories of losses after buying an existing home, but typically only if they knew about a defective property condition that led to a mold problem, were required to disclose the defect, and failed to do so. 
  • It could be the architects, builders, and contractors who violated building codes, did not obtain appropriate permits, or used faulty materials that contributed to toxic mold in a newly-built home. The suppliers of any faulty or faulty building materials could additionally be liable. 
  • Suppose you had toxic mold in your house after a flood, hurricane, or other disaster, and you hired a company to clean and repair it. The negligent company might be liable. 
  • A homeowner’s policy, renter’s policy, or health insurer policy may provide coverage for mold damage, or health problems caused by exposure to mold. You may be able to sue the insurer if it takes too long to decide whether a mold-related claim should be paid or if it denies a mold claim in bad faith (arguing that coverage for mold is excluded, for example).

What  Kind Of Losses are Covered?  

In a lawsuit stemming from toxic mold, the compensation categories (and amounts) that may be available may differ considerably depending on the particular facts of the case.  

  • A mold inspection and a price estimate are needed to assess the extent of damage and determine the cost of remediation. 
  • Resolve the issue and eliminate hazardous mold by making structural repairs, performing new construction or contracting work, as well as undertaking other remediation-related measures. 
  • Replacing damaged household items 
  • Housing costs during the repairs or for any period where the residence is not habitable 
  • You will be reimbursed for any medical treatment needed as a result of mold exposure (including ongoing testing and monitoring) provided you can prove that the exposure is linked to your health issues. 
  • Lost income due to health problems caused by mold 
  • If applicable and available, compensation for pain and suffering, anxiety, and/or emotional distress.

Steps To Take If You’ve Been Exposed To Black Mold 

As soon as you suspect your house has been contaminated by mold, it is imperative to have it tested. Take these immediate steps: 

  • Take Photos and Video: You should immediately take pictures and video of water damage, property damage, and anything else that may have caused the problem you can use the video and pictures as evidence for your case.  
  • Have the Property Tested: Test the property for the amount, type, and level of mold using a qualified testing company. For mold at your workplace or office, you may require a microbiologist or industrial hygienist (OSHA describes industrial hygienists as highly skilled professionals who create engineering and work practice controls to prevent exposure to health hazards). 
  • Give Notice to the Landlord and/or Property Manager: The landlord may fix the problem without your assistance – depending on the facts – for instance, if the landlord was aware of the condition before they rented the property to you, you might have a case. When you give notice to the landlord or property manager, you should do so in writing and keep good records of all written communication.  
  • Keep All Receipts and Make a Record of Any Damages: Take note of any property that is destroyed or damaged by the mold, including moving costs, testing costs, and property damage, as well as hotel and restaurant bills you incur. 
  • Seek Medical Attention Immediately: It is important that you seek medical attention if you have become sick due to toxic mold exposure. If possible, go to a doctor who is well-versed in mold injuries, such as a pulmonologist, allergist, or a toxicologist. 

Toxic Mold Lawyers  at Calandro Law

Calandro Law provides legal representation for those dealing with toxic mold in their homes, condominiums, or apartments. For more information, contact us anytime. As an injury law firm specializing in toxic mold issues, we’re fully prepared to assist you. You can trust that our legal team will stand by your side throughout the whole process to ensure you receive the settlement you deserve.

Schedule a free consultation today by calling us at (813) 563-6463 or filling out the form on the right side of the page. 

Top ranked personal injury law firm in Riverview

Calandro Law Recognized As One of the Best Personal Injury Firms in Riverview

As a personal injury law firm, Calandro Law takes great pride in providing the best possible legal representation to communities of Riverview, Florida, and the surrounding areas. In pursuit of that goal, it is a tremendous honor to be recognized as one of the top 11 personal injury firms in Riverview

Our focus at Calandro Law is always the well being of our clients. We make our clients’ success the top priority in all of our cases and work with them personally to find the best possible resolution in their case. Unlike with larger firms, all communication will be with the attorney who is actually handling your case.

If you have been injured due to someone else’s negligence, keep reading to learn how the personal injury lawyers at Calandro Law can help and why we are one of the top law firms in Riverview. 

Personal Injury Practice Areas

Calandro Law specializes in a number of personal injury fields. Our attorneys have years of experience in negotiating settlements and taking insurance companies to trial over personal injury lawsuits.

The laws surrounding a personal injury claim can vary depending on the type of accident that caused your injury. Make sure you have an attorney that knows how to navigate the legal waters of your case. Calandro Law specializes in the following practice areas:

Should You Hire a Popular Personal Injury Firm in Riverview?

If you have been injured in an accident due to someone else’s negligence, you may be wondering: Should I go with the family lawyer or should I seek out one of the most acclaimed personal injury firms in Riverview? The bottom line is that you should work with an experienced attorney in any case, but there’s a reason Calandro Law is getting this much attention. Our personal injury lawyers don’t mess around when it comes to their clients. Unlike other well known personal injury firms in Florida, Calandro Law knows that direct communication and accessibility are crucial in recovering the settlements our clients deserve for their injury claims.

In the state of Florida, you are allowed to file a personal injury claim without hiring an attorney. However, insurance companies will usually use tactics you may not be familiar with to get you to settle for less compensation than you are owed. 

The attorneys at Calandro Law are well versed in all the tricks and tactics insurance companies employ in an injury claim. Our legal team is ready to go to trial in order to make sure that you are fully compensated for all the pain and suffering you have endured as a result of your accident.

Book a Free Legal Consultation with Calandro Law

If you’ve never worked with a law firm before, then you probably have a lot of questions. Luckily, we have the answers! This is one of the reasons we offer a free legal consultation to clients. If you have been injured in an accident or have been the victim of some other form of negligence in Riverview, it is in your best interest to take advantage of this opportunity to speak to an experienced personal injury expert. We’ll review the details of your case and let you know whether you have a case we are equipped to pursue on your behalf. You can book a consultation with our personal injury law firm by calling (813) 563-6463 or use our online form.

truck operator battles truck driver fatigue in riverview, florida

Truck Driver Fatigue: Red Flags on Florida’s Highways

Truck driver fatigue is one of the leading causes of traffic accidents involving large trucks. A study by the Federal Motor Carrier Safety Administration (FMCSA) shows that up to 13 percent of commercial truck drivers are fatigued during the time of a crash. Individually or in combination, all these contributing factors affect truck drivers all too frequently. In the U.S., the issue of too little sleep is a major concern for all drivers. In 2013, the last year for which statistics are available, drowsy driving caused 72,000 crashes, 44,000 injuries, and 800 deaths. However, the Centers for Disease Control and Prevention (CDC) estimate that these numbers are significantly understated and that drunk driving could be responsible for at least 6,000 deaths per year. 

The National Highway Safety Transportation Administration (NHTSA) reported that 45 people died in truck accidents in Florida in 2017. Based on Florida Department of Highway Safety and Motor Vehicle information (FLHSMV), 225 truck accidents resulted in incapacitating injuries, while 771 were non-incapacitating. There are too many accidents caused entirely or partially by trucker fatigue, such as collisions, overturned trucks, jackknifed trucks, or spilled cargo. Fatigue impairs many functions vital to drivers’ performance, such as vision, reaction time, coordination, and judgment. The consequences of a head-on collision are devastating if a driver falls asleep while driving. He may also miss checking his blind spot before changing lanes. There are many blind spots on trucks, which can lead to side-swipe collisions. 

It is the driver’s responsibility to operate their vehicles safely and responsibly. This includes taking care not to get too tired to drive or drowsy. It is negligence if they fail to operate the truck responsibly or safely and cause an accident that is harmful to people or property. If you’ve been in an accident, caused by a fatigued truck driver, contact us at Calandro Law located in Riverview Florida. We can help you prove negligence and get you compensation to cover damages. Continue reading to learn more about truck driver’s fatigue and what to do if you suspect a fatigued truck driver on the road.

truck operator battles truck driver fatigue in riverview, florida

What Causes Truck Driver Fatigue? 

Truck driver fatigue is caused by many factors, and some may never affect a truck driver while others may be more prone to drowsiness. Among them are: 

  • The driver may not get the required seven hours of rest as a result of worries about his load, medical issues, financial issues, or because he is a light sleeper and the traffic keeps him awake.
  • The stress of being stuck in traffic due to construction or a car accident.
  • Prescription medications. 
  • One driver may not feel drowsy with a particular medication, whereas another could feel drowsy even if the medication has no side effects of drowsiness.
  • Heavy traffic.
  • Having to watch out for other drivers who are careless on the road, such as those who pass a truck and pull in front of it too close because they don’t realize trucks need more space to stop.
  • Various sleep disorders, including sleep apnea.
  • A driver whose circadian rhythm suddenly kicks in in the middle of the afternoon, causing the driver to crash.

Drivers may be better able to stay alert by being allowed to manage their time. They would be able to take naps when they need them and stop whenever they need to.

Truckers and Hours of Service

For the purpose of preventing drivers from becoming fatigued, the Federal Hours of Service Regulations were implemented. The problem with that, however, is that people have very different sleeping patterns. When a driver had no problems driving for eight hours today, he or she might have trouble driving six hours tomorrow, even if they slept for at least seven hours between trips. The driver’s hours of service regulations are designed to ensure each driver gets enough sleep, but just because they aren’t driving does not mean they’re sleeping.

When a driver has to pull off the road in a seedy or noisy area of town, they may not want to sleep, but because of the electronic log, they cannot drive another 15 or 20 minutes to find a safe place to sleep. It’s much less likely that that driver would cause a car accident if they were awake for 20 minutes over the eight hours as opposed to only getting interrupted sleep over the fear of being robbed.

Furthermore, minor traffic is a lot less stressful than heavy traffic. When a truck driver drives for eight hours on a section of highway with little traffic, he or she is less likely to be fatigued than a driver who spends two hours stuck in traffic.

Because of the hours-of-service regulations, truckers are sometimes not able to create their own schedules, or they risk getting massive fines. A driver feeling tired at the end of six hours should be able to stop, but cannot because he or she is on a schedule and cannot drive after a certain number of hours without making a 10-hour stop.

Sleeper berths have to be occupied for eight of the 10 hours. Taking a one-hour nap instead of using those last two hours will result in the load not making it to its destination on time, and it may have to wait until the next day since the driver must stop after a set amount of time. When drivers miss deadlines, their pay is often docked.

When You Suspect Truck Driver’s Fatigue

Tiredness is often the sole or contributing cause of truck collisions and rollovers since these common truck accidents can be the result of poor judgment or slow reflexes.

A truck can also weave or speed before an accident, and fatigue can contribute to those behaviors. Out-of-control trucks and trucks driving into oncoming traffic are signs that a driver is asleep. The tendency to make extreme errors in judgment, such as pulling out into oncoming traffic, may also be a sign of fatigue.

Additionally, if you are involved in an accident and the driver stops and exchanges information with you, you may notice fatigue or other associated symptoms. Tired or disoriented appearance, stumbling or hesitant speech, and bleariness are all signs of fatigue.

Two things you should do if you see signs of fatigue. The first thing you should do is mention these signs to the police or other officer who is coming to make a report. Although police reports don’t prove that a driver was fatigued, they may indicate that you were concerned about driver fatigue at the scene.

The second step is to consult a truck accident lawyer if you or a loved one were injured or killed because of the accident. It is often necessary to investigate the causes of truck accidents since they are complex. Truck driver fatigue should be considered as a possible cause. Driver fatigue can be investigated using a variety of methods by an attorney and his or her investigative team

Damages You May be Entitled to

It is possible to recover damages for injuries you suffer in an accident if it was not your fault. A partial fault determination may result in a percentage of damages that may include economic, non-economic, and punitive damages. 

Economic Damages

Costly damages fall under this category. They include:

  • Accident-related medical expenses.
  • The wages you lost because of the accident.
  • Costs associated with future surgeries, therapy, and doctor’s appointments. Due to the fact that the damage amount is unknown, they can also be considered non-economic damages.
  • Wages you will lose in the future if you are incapacitated for a long period of time or permanently disabled. Because they are estimated, they may also qualify as non-economic damages.
  • Repair or replacement of personal property. Damage to your personal items, vehicle, or real estate, that needs to be repaired or replaced.

Non Economic Damages

The value of noneconomic damages is based on estimates prepared by insurance companies and attorneys. Some of them include:

  • Pain and suffering, if you have long-term or permanent injuries.
  • Lack of companionship if you cannot take your children to activities or take time to go on outings.
  • The inconvenience of having to hire someone to help you with tasks you can’t do yourself due to injuries. Tasks like cooking, cleaning, mowing the lawn, and other home maintenance are some examples.
  • You may suffer from a loss of consortium if you cannot be physically intimate with your spouse.
  • When you lose usage of one or more of your limbs as the result of an accident.

Punitive Truck Accident Damages

Punitive damages, which are awarded only if the at-fault driver has shown gross negligence, are the third type of damage you may be entitled to receive. It is possible that a driver’s company encouraged negligence. As a result, the company may be required to pay punitive damages, either in addition to or instead of what the driver pays.

Hire an Experienced Truck Accident Attorney

An experienced attorney can help you determine if you are entitled to damages. In truck accidents, there are often many parties involved, making the case rather complex. Besides the driver who may be responsible, the company where the driver works, the owner of the truck, the dispatcher, and even the manufacturer of the goods may be responsible for some or all of your damages. Our team at Calandro Law is prepared to help you navigate the claim process and reach the fair settlement you deserve.

Schedule a free consultation today by calling us at (813) 563-6463 or filling out the form on the right side of the page.