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Showing posts from June, 2019

Auto Accident Claims Involving Amica Insurance

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Although Amica Insurance is not one of the largest auto insurance companies in Florida, we have handled many Amica insurance claims . If you carry Amica Insurance or the at-fault driver carried Amica insurance, we are very familiar with the adjusters and the claim handling process. We know when to fight and when to negotiate auto injury claims for the best interest of our clients. We have had great success in resolving claims involving Amica . We have found that the adjusters are eager to resolve the claims quickly in order to avoid lawsuits. We have a good working relationship with Amica Insurance auto adjusters . I have personally been told by an Amica Insurance adjuster that they get so many auto accident claims from Florida that for every claim they pay, two more pop up. So, they are motivated to resolve the injury claims simply to keep up with the demand. About Amica Insurance Amica is an acronym for Automobile Mutual Insurance Company of America. It was established in Pro...

Tampa Bay Times Best of the Best Winner for Best Attorney/Law Firm

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Battaglia, Ross, Dicus & McQuaid, P.A.  is proud to announce that it won the gold for “Best Attorney/Law Firm” from The Tampa Bay Times for 2019! The Best of the Best Awards was created by  The Tampa Bay Times  to recognize businesses that had supportive clients and customers in the community. The Firm is proud to have received this award, grateful to its clients, and is committed to continuing its service to its clients and the community. Winner for Best Attorney/Law Firm

Electric Scooter Accidents

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Electric scooters, or E-scooters, have made their long awaited debut in Tampa Bay. On May 26, 2019, the City of Tampa launched a year-long E-scooter pilot program . Under this program, four vendors will provide about 2,400 scooters for downtown Tampa. The four vendors are Bird , Jump , Lime , and Spin . In less than a month and with only 170 scooters actually launched thus far, there has already been a serious scooter accident . On June 20, a man operating a Lime E-scooter was hit by a semi-truck in Tampa and taken to the hospital with critical injuries. A witness reported that the man drove directly into the path of the semi-truck as if the E-scooter throttle was stuck in the full forward position. If you have been to Tampa and witnessed the scooters zipping around the streets at all hours, you may have recognized the dangers this new program has created. Scooters are inevitably also coming to St. Petersburg and Clearwater . By the time they arrive, perhaps the safety issues will...

New Case Confirms Landlord / Owner’s Duty to Repair a Broken Sidewalk

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On June 12, 2019, Florida’s 4th District Court of Appeal confirmed that in a trip and fall case , a landlord/owner has a duty to maintain a broken sidewalk even if the sidewalk was known to the resident to be broken and in need of repair. See Leon v. Pena, 44 Fla. L. Weekly D1492a (Fla. 4th DCA 2019) . This premises liability case continues to put the burden on landlords and property owners who fail to maintain their property, thus creating a danger to their occupants of a trip and fall accident. The facts of the case were relatively straightforward. Ms. Leon lived in a condo unit owned by Mr. Pena for ten years. When she moved into the unit, she noticed a crack in the sidewalk on the pathway to her unit. Over the years, the crack got worse. She complained about the sidewalk to Mr. Pena. She claims that Mr. Pena said he would fix it, but never did. Ms. Leon claims she even offered to fix the broken sidewalk herself but was denied. Despite her knowledge of the crack in the sidewalk,...

Dog Bite Frequently Asked Questions

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Dog bite incidents are some of the most upsetting and gruesome cases that we encounter in our personal injury practice. Unfortunately, children are the most common victims of these attacks and suffer the most serious injuries. Often, these injuries could have been prevented if the owner or caretaker of the dog was more responsible. Fortunately, Florida law is punishing to the owner of a dog that caused a bite or injury . While we cannot undo the damage that a dog bite caused , our personal injury lawyers will aggressively pursue compensation against the owner and his/her insurance company for the losses incurred. In this article, I will address many of the frequently raised issues concerning dog bites in Florida . The law is actually straightforward and dog bite are surprisingly more common than you may imagine. What Is the Florida Law on Dog Bites? The liability of a dog owner for a dog bite is controlled by Florida Statute 767.04 . The statute is friendly to the victim in that t...

10 Steps After a Car Accident That is Not Your Fault

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If you have been involved in a car accident , you may be in shock, angry, and injured. But, there are several steps that should be taken in every incident. If done correctly, these steps will protect your rights and improve your ability to recover compensation for your losses . 1.) Stop at the Scene After a car accident , it is imperative that you remain at the scene. Not only is it possibly a crime if you leave, but you will damage your credibility in the subsequent claim. Regardless of the reason for leaving, most people will think it is suspicious if you leave the scene and might have something to hide. 2.) Protect Yourself at the Scene It is always best to leave your car in the same position after the accident . However, if you are in a dangerous location, then move the car off to the side of the road or into the nearest safe spot. 3.) Contact Law Enforcement Not contacting the police is one of the biggest mistakes that people make after a car accident . It happens much more fr...

Self-Driving Uber and Lyft Cars

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Uber and Lyft have changed the transportation landscape with their ride-hailing cars. They have undercut cabs through their low fares, convenience, and technological innovations. However, as Uber and Lyft continue their dominance of the market share, their business models have come under fire for lack of profitability. Little known to the public, Uber and Lyft lose money on every ride. As the business model has become more scrutinized, it seems as though self-driving or autonomous cars are the only solution to this problem. According to the companies themselves, in the months and years to come, self-driving Ubers and Lyfts must become the norm in order to be sustainable. With the companies rushing to transition to self-driving cars , there are potentially a host of legal repercussions, accidents, and injuries that the public and accident lawyers must navigate. Uber and Lyft Cars Currently The explosion of Uber and Lyft over the past few years has made them highly visible players on...