Medical malpractice or wrongful death? Call 1-888-SOS-FIRM for a free personal injury case evaluation, and remember that there are no fees or costs unless we win. The Tampa personal injury lawyers at Diaco Law will take your call.
For more than 18 years, I have enjoyed an AV Rating of 5.0 out of 5.0 from Martindale-Hubbell. I received this rating from my fellow lawyers and judges. If you have been injured in an accident, call Diaco Law at 888-SOS-FIRM. At Diaco Law, we WILL take your call.
A physician or any medical professional may have failed to properly treat you, but this doesn’t always mean its medical malpractice. Being a plaintiff, you’ll have to have your ducks in a row before filing. If you aren’t sure if you can file a claim, here are a few things for you to consider.
Did your physician fail to perform their contract of care?
You need to establish that your doctor owed you a contract of care. This is the standard foundation of any doctor-patient relationship. If you were in that doctor’s care, their duty would be that same as what would be expected from any other physicians with similar education, specialty, and location.
Was there a breach of contract?
Medical malpractice involves an injury caused by a breach in the contract of care. This means any doctor or another medical professional that owes a duty of care to that patient must not cause harm or injury to their patient. An obvious example would be if a surgeon stitches you up with medical equipment left inside of you after a surgery. A less distinct example would be misdiagnosing you and treating the nonexistent disease, while neglecting the real problem.
Medical malpractice is a serious matter. With the help of an experienced medical malpractice attorney from Diaco Law, you or a loved one can receive the help you need to recover from the injuries suffered due to a negligent medical professional. Don’t wait, call us today at 888-SOS-FIRM.
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) conducted the Large Truck Crash Causation Study to take an in-depth look at reasons for serious collisions involving semi-trucks with a gross rating of over 10,000 lb. During the 33-month span of the LTCCS study, the NHTSA has estimated that there were 120,000 fatal and personal injury crashes involving at least 1 semi-truck, 141,000 big rigs were involved in those roadway crashes. Information in the LTCCS study indicates that driver negligence is the root of most of the commercial truck accidents. Negligence can include, but is not limited to:
- Internal Distraction
- External Distraction
- Excess Speed For Conditions
- Perceived Pressure From Carrier
- Drugs And/Or Alcohol
The commercial truck accident attorneys from Diaco Law are well-versed in the federal, state and local safety regulations that apply to trucking companies, as well as the stressful reality facing commercial truckers. Human error is not an acceptable excuse when the trajectory of a life is in jeopardy. We have successfully prosecuted personal injury claims involving semi-truck accidents across the United States, leading to millions of dollars in recovery for our clients.
To learn more regarding your potential commercial vehicle accident injury claim, complete our contact form and we will reach you for a no-cost review of your case.
The conference room in a hospital appears is an unlikely location to assess a sudden evolution in transportation, but a team of San Francisco medical professionals there see the work as essential to ensure the safety of residents in cities adopting high-tech electric scooters.
The concern began shortly after major cities saw the arrival of hundreds, if not thousands of scooters, in 2018. Medical professionals noted that types of injuries that they had not seen on a regular basis now occurred with increased frequency as people used the pay-as-you go vehicles. With a smartphone app and as little as a $1, pedestrians became urban adventurers whizzing past people as well as dangerous stationary objects and cars at 15 MPH.
Electric scooter injuries range from extensive bruising and road rash to severe head trauma. Medical professionals explain that head trauma is often overlooked as a potential injury due to the scooters only reaching speeds of 15 MPH. The problem considering only the low-speed when judging injury severity is that flipping headfirst into the pavement, from a scooter, is similar in force to being hit in the head with a baseball bat at full force. Head trauma is a likely outcome because very few electric scooter riders wear helmets in short jaunts from point A to point B.
This documented increase in preventable injuries resulted in at least one city issuing a cease-and-desist order to temporarily remove the scooters from its streets. Companies profiting from the electric industry each signaled that they were paying attention to injuries and hoped to encourage rider safety. The biggest player took an additional step and broadcast a plan to form a safety advisory council to focus on increased safety for electric scooter riders in an automobile-centric world. It is important to note that accidents involving automobile appear are the biggest concern for the industry and medical professionals.
While electric scooters definitely sparked the concern of medical professionals, they are also expecting to discuss injuries caused by: mo-peds, electric bikes and even electric unicycles. The consensus is that people forget that when technology changes transportation, it also becomes something where human life is at stake.
Electric scooters will invade Tampa Bay in 2019 and injuries will occur. With the help of an experienced personal injury attorney from Diaco Law, you or a loved one can receive the help you need to recover from the injuries suffered in an electric scooter accident. Do not wait, call us today at 888-SOS-FIRM.
Accidents can be costly. If you were involved in an accident, especially if another party was at fault and the accident resulted in injuries, it might be a good idea to contact a top law firm like Diaco Law. The personal injury lawyers at Diaco Law will advocate for you to recover compensation for the damages which were the result of an accident. We understand that accidents and injuries are traumatic, let the experts handle the legal aftermath of an accident. Here are the top reasons to hire a Diaco Law personal injury attorney:
- Personal injury lawyers are objective- After an accident, due to the shock and trauma, you may not be able to think objectively about your insurance claim. Let an impartial party, like a personal injury lawyer deal with the case without the emotional involvement. Let the impartiality and experience of the lawyer work for your benefit. There are many cases that are settled on precedent, a personal injury lawyer has the training and the composure to advocate for you.
- Personal injury attorneys are efficient- Some of the overwhelming part of dealing with your own claim is wading through the medical and legal jargon that is used by the insurance companies. Let Diaco Law cut through the red-tape on your behalf, also saving you tons of time in the process. Most people do not have the time between managing work and family to deal with insurance companies.
- Hiring a personal injury attorney makes sense financially- Personal injury attorney lawyers have a contingency fee in place. This means that unless the lawyer wins, the client is not responsible for client fees. Such an arrangement, makes it a logical decision to hire the services of a Diaco Law lawyer to increase the chance of a favorable settlement for your case. Personal injury attorneys know how the legal system works, and can negotiate the best legal outcome for their client. Often, lawyers can recommend a faster, easier, less expensive way to avoid the courtroom. Finally, a lawyer can negotiate a settlement, or a right to sue and receive payment instead of going to trial.
There are multiple reasons to hire an expert personal injury attorney with Diaco Law. There is the objectivity and legal expertise our lawyers will provide an accident victim. The skill of the attorneys in dealing with the insurance companies and legal jargon. These are invaluable positives to hiring a personal injury lawyer. The professional gets paid when the case is won, in return innumerable legal and financial benefits are bestowed on the client who has a personal injury lawyer on their side. Call Diaco Law personal injury lawyers today for a free consultation on your personal injury case at 888-SOS-FIRM.
Glyphosate, the active ingredient in the world’s most popular herbicide RoundUp is having a contentious moment worldwide. A staggering, estimated 6.1 billion kilograms of RoundUp has been applied worldwide over the last decade, therefore it is important to fully understand the risk of this chemical to farmworkers, consumers, and the environment.
So, what is the problem with RoundUp?
For more than four decades, farmers have relied upon glyphosate-based herbicides to kill unwanted vegetation. However, RoundUp became a hot button issue in the news in 2015, when the World Health Organization’s International Agency for Research on Cancer (IARC) concluded that glyphosate is “probably carcinogenic”. It was speculated that the herbicide has an adverse effect on the body similar to red meat. These findings reinforced the research by European Food Safety Authority (EFSA) and U.S. Environmental Protection Agency (EPA) that glyphosate is a highly toxic chemical.
However, while environmental activists are claiming that this molecule is responsible for everything from cancer to celiac disease to autism. The pesticide industry is ensuring that these claims are moot.
A precedent case for RoundUp went on trial in 2018, when Dewayne Johnson, a former groundskeeper sued Monsanto, a manufacturer of RoundUp for $289 million. The plaintiff claimed the pesticide gave him terminal non-Hodgkin’s lymphoma. Following the astronomical settlement, more than 800 people filed lawsuits against Monsanto regarding the adverse effects of RoundUp. If you or your loved ones, have suffered physical damage as a result of being exposed to RoundUp contact Diaco Law today for a free consultation.
You need to be informed about a chemical you are exposed to on a regular basis. The concern of neuroscientists that study the chemical action of glyphosate is that it has not been extensively researched when it comes to the effect on the human organism. It is known that glyphosate inhibits an enzymatic pathway required for protein synthesis in the growth of plants. However, upcoming research has been focused on the genotoxicity and carcinogenetic element of the molecule. Scientists speculate that the chemical may be affecting a lot of other systems in the human body other than causing cancer.
Another problem when it comes to RoundUp, is that oftentimes pesticide manufacturers fail to disclose the whole list of ingredients in a pesticide. While, glyphosate alone might not be harmful, when in combination with other chemicals it might pose a threat with extensive exposure to humans. Furthermore, the potential toxicity of RoundUp calls into question the safety of the food we are eating that is grown with the world’s most popular pesticide.
At Diaco Law, we believe that everyone deserves to be in good health. If your or your loved ones have been exposed to RoundUp and suffered damages to your health and wellbeing, we advise you to give us a call. Protect yourself and your loved ones from carcinogenic chemicals like RoundUp, and have the best law firm Diaco Law on your side.
A personal injury attorney shows up for a client in a time of need, usually after an injury or accident to recover financial compensation. Oftentimes, this financial compensation is needed to pay for medical costs, recover lost wages, and cover damages from the accident. The expert personal injury lawyers at Diaco Law are ready to answer any questions and offer a consultation after the accident, to make sure you receive the best guidance after a traumatic and costly accident. Here is what to expect from your personal injury attorney as you deal with the aftermath of an accident or an injury:
First of all, the personal injury attorney will explain how an accident and different legal issues affect a person’s rights. There different laws regarding statutes of limitations from state to state. Furthermore, a trained personal injury lawyer will be able to explain to his client the concept of comparative negligence. That is how much a person can cover for the accident that was partially their fault. The tricky legal language and complex state laws makes it beneficial to have a personal injury lawyer or your side.
Second of all, professional advice from the personal injury attorney goes a long way in handling an accident well. The attorney can advise the client not to give a statement to the other party’s insurance company as it could be used against them. Furthermore, legal counsel will advise the client to document any medical treatment after the accident, as the relationship between the injury and the accident will prove important in the lawsuit.
Finally, due to the expertise of the personal injury attorney at top law firms like Diaco Law, the attorneys are able to see a case differently than the clients. Many accident victims only consider the immediate impact of an accident. It’s a storm of harassing phone calls from bill collectors, missed days at work, and dealing with vehicle repairs. The personal injury attorney sees beyond the routine tasks to a more accurate estimate of real and long-term effect of injuries. If the victim is left disabled after an accident, attorneys will calculate the loss in earning capacity for an accurate settlement.
A personal injury attorney is your best advocate after an injury or an accident. Most cases settled outside of court, yet some personal injury attorneys are involved in complex civil litigation for their clients. If you have been hurt or injured in an accident, call the personal injury attorneys at Diaco Law at 888-SOS-FIRM today for your best legal team in personal injury.
The way to consider the full impact a traumatic brain injury, or TBI, can have on your life or the life of a friend or family member, is one moment everything is normal and then suddenly their life, mental ability and functional ability dramatically change. A TBI occurs when the brain forcefully slams into the skull. The injury can be caused by a traumatic hit to the head, an automobile collision, a fall, a bicycle collision or a host potentially deadly circumstances. Traumatic brain injuries can happen to anyone at any age.
A TBI is particularly problematic for the victim of an accident because the signs of the injury often do not become apparent for several months after the incident. It is not unheard of for the symptoms of this type of injury to become readily noticeable up to a year after the accident.
TBI signs to look for include:
- Recurrent headaches
- Short-term memory problems
- Irritability and unexplainable mood changes
- Disrupted sleep patterns
- Inability to complete day-to-day routine tasks. This is often followed by frustration, hopelessness and anger.
Measures that can be taken to minimize the chances of a TBI include:
- Eliminate trip hazards
- Wear a helmet when participating in certain outdoor activities
- Wear your safety belt when riding in or driving a vehicle.
One helpful thing you can do if a friend or family member has suffered a TBI in an accident, is get that person in contact with a personal injury law office that is well-versed in the legal and medical issues in catastrophic personal injury cases. For instance, our own Dr. Daniel Diaco Esq. can comprehensively analyze the complex medical records associated with a TBI and formulate the best approach to get the injured party appropriate and fair compensation.