Topics relating to Car Accident | St. Petersburg, FL https://www.stpetlawgroup.site/tag/car-accident/ St Petersburg's Oldest Full Service Law Firm Mon, 23 Jun 2025 14:16:21 +0000 en-US hourly 1 https://www.stpetlawgroup.site/wp-content/uploads/favicon-150x150.png Topics relating to Car Accident | St. Petersburg, FL https://www.stpetlawgroup.site/tag/car-accident/ 32 32 Subrogation Lawsuit by Auto Club South Settled for $3500 https://www.stpetlawgroup.site/subrogation-lawsuit-by-auto-club-south-settled-for-3500/ Mon, 23 Jun 2025 14:08:36 +0000 https://www.stpetlawgroup.site/?p=21791 Facts: My client caused an accident a few years ago. He did not carry Bodily Injury Coverage. Auto Club South was the insurance company for the other driver who was injured in the accident. Auto Club South paid that person $10,000 for their injuries. Auto Club South then asserted its subrogation rights. It stepped into […]

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Facts:

My client caused an accident a few years ago. He did not carry Bodily Injury Coverage. Auto Club South was the insurance company for the other driver who was injured in the accident. Auto Club South paid that person $10,000 for their injuries. Auto Club South then asserted its subrogation rights. It stepped into the shoes of the other driver and sued my client to get back the $10,000 it had paid out. This is becoming an increasingly more common type of lawsuit as insurance companies are trying to make/save more money.

My client hired me to handle the case. From the start, we agreed that I would negotiate the payout for him to as little as possible.

The Case:

I have handled many subrogation lawsuits over my career. I had my client fill out a notarized financial affidavit showing all of his assets. The reason why I do this is to show the insurance company that even if they win the lawsuit, they may never collect the full amount of their judgment.

The Result:

I was able to negotiate with the lawyer for Auto Owners South and reach a settlement of $3500. The money was paid in a lump sum balance and the lawsuit was dismissed. My client was happy to be done with the lawsuit and that he saved money.

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Why is Uninsured Motorist Coverage Necessary in Florida? https://www.stpetlawgroup.site/why-is-uninsured-motorist-coverage-necessary-in-florida/ Thu, 19 Jun 2025 13:05:46 +0000 https://www.stpetlawgroup.site/?p=21618 If you have been in an auto accident and there isn’t enough insurance, you realize how unfair our Florida insurance system is.

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If you have been in an auto accident and there isn’t enough insurance, you realize how unfair our Florida insurance system is. The scary thing is that our clients who have been in one accident, are likely to be in others. The odds are just against all of us Florida motorists. We once represented a woman who was rear-ended three times in one year alone!

As experienced Florida car accident attorneys, we’ve seen countless cases where uninsured motorist (UM) coverage made the difference between financial recovery and devastating losses.

We’ve witnessed clients get stuck with medical bills and lost wages after accidents with drivers who did not have insurance or enough insurance. Without UM coverage, many struggle to be made whole.

Uninsured/underinsured coverage steps in when the at-fault driver lacks insurance or carries insufficient coverage.

If you have been in an accident, please call your insurance company and add UM coverage to your policy. We promise that it will be worth it!

The Benefits of UM Coverage

Benefits of UM coverage include:

  • Protection against uninsured and underinsured drivers
  • Coverage for medical expenses beyond PIP and health insurance limits
  • Compensation for lost wages and pain and suffering
  • Protection in hit-and-run accidents

The decision to carry UM coverage can directly impact your ability to file a successful personal injury claim.

Don’t wait until it’s too late. Understanding your UM coverage options now can protect your rights and financial future after an accident.

Understanding Uninsured Motorist (UM) Coverage in Florida

Uninsured motorist coverage steps in when you’re hurt by a driver who lacks insurance or has insufficient coverage.

Your UM policy can help cover:

  • Medical bills and ongoing treatment costs
  • Lost wages
  • Pain and suffering compensation
  • Long-term disability expenses
  • Rehabilitation services

Many Florida drivers don’t realize that underinsured motorist coverage is part of their UM protection. It kicks in when the at-fault driver’s insurance falls short of covering your total damages.

As Florida car accident attorneys, we’ve seen UM coverage save clients from financial devastation. A single hospital stay can cost tens of thousands of dollars. Without UM protection, you’d have to pay these expenses out of pocket when hit by an uninsured driver.

UM coverage acts as your safety net where many drivers carry minimal insurance or none at all.

The High Rate of Uninsured Drivers in Florida

Florida has one of the highest percentages of uninsured drivers in the country, and that number keeps rising. Recent studies show that 1 in 5 Florida drivers operate vehicles without insurance coverage. Additionally, over a third of Florida drivers are classified as being underinsured. This means that while they do carry some level of insurance, it is often insufficient to cover the full extent of damages in the event of a serious accident.

Research proves the risk of being involved in an accident with an uninsured driver in Florida is significant.

Risks Faced by Drivers Without UM Coverage

Drivers without UM coverage face these risks:

  • Out-of-pocket medical expenses
  • Lost wages
  • Future medical expenses
  • Future loss of earning potential

A Florida car accident attorney sees these scenarios play out daily. We’ve witnessed clients struggle with mounting medical bills and lost income when they lack UM coverage after an accident with an uninsured driver. The financial burden can be catastrophic, especially for families living paycheck to paycheck.

How Florida’s No-Fault Insurance is Different from UM

Florida’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) coverage of at least $10,000. This coverage pays for your medical bills and lost wages after a crash, regardless of who caused the accident.

Limitations of PIP Coverage

PIP coverage comes with strict limitations:

  • Only covers 80% of medical expenses
  • Pays just 60% of lost wages
  • $10,000 maximum benefit limit
  • Must seek treatment within 14 days
  • No compensation for pain and suffering

These restrictions create significant gaps in coverage. A single emergency room visit can quickly exhaust your PIP benefits, leaving you responsible for the remaining costs. Serious injuries often result in medical bills far exceeding the $10,000 limit.

The Importance of Uninsured Motorist Coverage

That’s where Uninsured Motorist coverage becomes essential. UM coverage steps in when your medical costs surpass PIP limits after an accident with an uninsured driver. It provides vital protection against catastrophic injuries that could otherwise lead to financial devastation.

Additional Benefits of Having Uninsured Motorist Coverage

Hit-and-run accidents create unique challenges for victims seeking compensation. UM coverage steps in as a crucial safety net when the at-fault driver flees the scene.

Your UM policy acts as a silent guardian in these scenarios:

  • Covers medical expenses when the hit-and-run driver can’t be located
  • Protects you if the at-fault driver’s identity remains unknown
  • Provides compensation even if the accident occurs outside your vehicle as a pedestrian

The psychological value of UM coverage can’t be understated. Many of our clients express relief knowing they won’t face devastating medical bills or lost income alone. This peace of mind extends to your entire family, ensuring everyone’s financial security after an accident.

UM coverage proves especially vital for:

  • Families with children who depend on the primary earner’s income
  • Individuals with pre-existing medical conditions
  • Anyone who can’t afford extended time away from work
  • Those with limited savings or healthcare coverage

Cost vs. Benefit Analysis of Uninsured Motorist Coverage in Florida

Adding UM coverage to your auto policy in Florida costs between $20 and $ 40 per month on average. This small investment can save you from devastating financial consequences in the event of an accident with an uninsured driver.

Why Guidance from a Florida Car Accident Attorney Matters When Dealing with UM Claims

Handling UM claims requires knowledge of Florida’s complex insurance laws and regulations. Insurance companies often deploy tactics to minimize payouts, making it crucial to have experienced legal representation on your side.

A qualified Florida car accident attorney brings essential guidance to your UM claim:

  • Understanding of Policy Language – We identify hidden coverage limitations and exclusions that could affect your claim
  • Expert Negotiation Skills – We counter insurance company tactics designed to reduce or deny compensation
  • Accurate Damage Assessment – We calculate the true value of your losses, including future medical needs
  • Evidence Collection – We gather and preserve critical documentation to support your claim

Our expertise also extends to maximizing the financial outcomes of car accident claims. For instance, we know how to navigate the complexities of getting the most money from a car accident, ensuring you receive fair compensation for your losses.

Contact Our Experienced Team for a Free Consultation

Don’t let an uninsured motorist accident disrupt your life. Our dedicated Florida car accident attorneys are ready to protect your rights and secure the compensation you deserve.

We’ve helped many clients navigate complex UM claims with proven results:

  • Free initial consultation to evaluate your case
  • 65+ years of experience handling uninsured motorist claims
  • Strong track record of maximizing settlements for our clients
  • Direct access to skilled Florida car accident attorneys who prioritize your needs

Take the first step toward peace of mind. Contact us now to schedule your free case evaluation. Our team will listen to your story, answer your questions, and create a strategic plan to pursue your claim.

Let’s work together to protect your rights and future after an uninsured motorist accident.

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The Role of Dashcam Footage in Strengthening Your Accident Claim https://www.stpetlawgroup.site/the-role-of-dashcam-footage-in-strengthening-your-accident-claim/ Fri, 16 May 2025 20:52:55 +0000 https://www.stpetlawgroup.site/?p=21539 Dashcams are increasingly popular for a good reason—they provide clear documentation of road incidents. The footage captured by dashcams can significantly impact car accident claims. At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have witnessed firsthand the pivotal role of video evidence in securing rightful compensation for our clients. In the […]

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Dashcams are increasingly popular for a good reason—they provide clear documentation of road incidents. The footage captured by dashcams can significantly impact car accident claims.

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have witnessed firsthand the pivotal role of video evidence in securing rightful compensation for our clients. In the following sections, we will delve into the functionality of dashcams, their effectiveness in aiding claims, and the importance of owning one.

What Is Dashcam Footage?

A dashcam is a small camera that mounts inside your car. It records the road ahead (and sometimes the rear or inside, too).

Many dashcams start recording automatically when the car is turned on. Some keep looping—recording over old footage unless you save it.

In an accident, this footage can capture:

  • Who had the right of way
  • Whether a driver ran a red light
  • Speed or road conditions
  • Behavior before or after the crash

Why Dashcam Video Matters in Florida Accidents

Florida’s Comparative Negligence Rule

Florida operates under acomparative negligence system with a modified rule. This implies that responsibility can be divided among drivers. Even if the other driver bears most of the blame, your compensation may decrease if you also share some fault.

The Power of Dashcam Footage

Dashcam footage holds significant weight in such situations. It provides an impartial record of the events, offering concrete evidence to support your version of the incident.

Dashcams Provide Clear Evidence

Dashcam footage can:

  • Disprove false statements
  • Back up your version of events
  • Show weather, traffic, and lighting conditions
  • Confirm sudden stops or swerving

This kind of evidence is hard to ignore—and it’s much better than relying on memory or witness accounts.

What It Means to File a Car Accident Claim

Filing a Car Accident Claim

When you file a car accident claim, you formally request an insurance company to cover your losses. This process involves either your insurer or the other driver’s policy, determined by fault and coverage.

It’s essential to differentiate a claim from a lawsuit initially. It’s a step where you provide evidence of your injuries, property damage, and expenses. Subsequently, the insurance company assesses your case and presents an offer. Engaging a Florida car accident attorney can guarantee that the offer is just and mirrors the true consequences of the collision.

What Damages Can You Recover After a Crash?

When filing a claim, you are seeking to be fully compensated for all the ways the accident has impacted your life. Common damages include:

  • Medical bills and future treatment
  • Lost wages or reduced earning ability
  • Damage to your vehicle or other property
  • Pain and suffering
  • Emotional distress or mental anguish

In more serious cases, you may also recover for permanent injury or long-term disability. If someone else caused your injuries, you shouldn’t have to shoulder the cost alone.

Evidence We Use to Support Your Claim

We build strong claims using:

  • Photos
  • Witness statements
  • Police reports
  • Expert analysis
  • Security camera footage from nearby businesses
  • Traffic camera footage, if available

Sometimes even a bystander’s phone video can help. Our team works quickly to gather every possible source of proof.

If you were involved in a crash and don’t have dashcam footage, we’ll explore every other option to prove your case.

When Dashcam Footage Can Strengthen a Claim

Not all video evidence is equally helpful. However, in many situations, dashcam footage can significantly strengthen a claim.

Common Scenarios Where Dashcams Help:

  • Rear-end collisions: Shows who hit who and when.
  • Intersection crashes: Proves who had the green light.
  • Swerving or lane departures: Shows unsafe driving.
  • Road rage: Captures aggressive or threatening behavior.
  • Hit-and-runs: May show the other driver’s license plate.

If you’ve been injured in one of these incidents, a Florida car accident attorney can assist you in preserving and properly utilizing your footage.

Can Dashcam Footage Be Used in Court?

Florida courts accept dashcam footage as evidence if it is relevant and unaltered.

To use it, you need to:

  • Save the footage as soon as possible
  • Keep the original file (not just a copy)
  • Show that the footage came from your car

Your Florida car accident attorney can help make sure the video is admissible.

Should You Install a Dashcam?

We believe it’s a wise decision. Dashcams are inexpensive, simple to operate, and can be invaluable when insurance claims come up. If you are an Uber, Lyft, delivery person, or professional driver, they should be part of your vehicle.

Here’s why we recommend them:

  • Accidents happen when you least expect it
  • Not everyone tells the truth after a crash
  • Video clears up confusion and false claims

Dashcams for Florida Drivers

Florida drivers can receive insurance discounts by installing a dashcam in their vehicles. When choosing a dashcam, consider popular models such as the Garmin Dash Cam Mini 2, Nextbase 522GW, or Vantrue N4. These models are priced between $80 and $250, providing features like loop recording, GPS, and cloud backups.

For more help choosing, check out this consumer report on dashcams.

How to Protect and Save Your Footage

After an accident, every second counts. Most dashcams have a feature that automatically overwrites older recordings after a certain period of time, typically within a few hours or days.

To ensure that your important footage is preserved, follow these steps:

  • Remove the memory card or save the file immediately: If your dashcam uses a memory card, take it out as soon as possible. Alternatively, if your dashcam has a built-in storage option, make sure to save the file right away.
  • Back it up to your computer or cloud storage: Connect the memory card to your computer and transfer the files to a safe location. If you prefer cloud storage, upload the footage to a reliable service.
  • Inform your attorney about the video: If you’re involved in any legal proceedings related to the crash, notify your attorney that you have video evidence.

If your dashcam comes with a mobile app, make use of it to lock the file and prevent automatic deletion.

What About Privacy Laws?

Florida allows dashcam recording in public spaces. However, it’s illegal to record someone’s private conversation without their consent.

That means you can record the road, but don’t turn your dashcam into a spy cam.

What If You Don’t Have a Dashcam?

Don’t worry. Dashcam footage is helpful, but it’s not the only kind of evidence.

We build strong claims using:

  • Photos
  • Witness statements
  • Police reports
  • Expert analysis
  • Security camera footage from nearby businesses
  • Traffic camera footage, if available

Utilizing Video Evidence

When it comes to gathering evidence, a bystander’s phone video can be invaluable. Our team diligently collects all available proof to strengthen your case.

Video evidence not only enhances clarity but also expedites the investigation process. In situations where dashcam footage is unavailable following an accident, rest assured that we will exhaust all alternative avenues to support your claim.

Why You Need an Attorney’s Help

Dealing with a car accident claim, even with dashcam footage, can be complex. Insurance companies have been known to minimize the importance of video evidence or use it to your disadvantage.

How We Can Help

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys are skilled in:

  • Analyze dashcam footage
  • Present it persuasively
  • Fight lowball offers
  • Help you avoid legal missteps

We also know Florida’s accident laws inside and out. We’ve handled countless cases involving video evidence, and we know how to use it effectively.

Contact Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

If you’ve been in a crash and have dashcam footage—or wish you did—we can help.

Our team of Florida car accident attorneys has decades of experience. We’ve recovered millions for accident victims across the state. We’re known for honest advice, strong negotiation, and personalized support.

We don’t charge unless we win. And your consultation is always free.

Reach out today to schedule your free consultation. Let us review your case, your footage, and your options.

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What to Do if Your Child is Injured as a Passenger in a Car Accident https://www.stpetlawgroup.site/what-to-do-if-your-child-is-injured-as-a-passenger-in-a-car-accident/ Tue, 08 Apr 2025 20:34:08 +0000 https://www.stpetlawgroup.site/?p=21489 Car accidents are scary enough. But when your child is involved, the fear, confusion, and concern can feel overwhelming.

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Car accidents are scary enough. But when your child is involved, the fear, confusion, and concern can feel overwhelming. As a parent, your first priority is ensuring your child is physically, mentally, and emotionally okay.

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have helped families across the state navigate the legal and medical challenges that follow a crash. We understand how deeply these situations impact parents and children, and we’re here to guide you with experience and compassion.

Below, we explain what to do if your child is injured as a passenger in a car accident, how to protect their health and legal rights, and what to expect from the claims process.

Step One: Get Immediate Medical Attention

Even if your child seems okay, always get them checked by a medical professional after a car crash. Children may not fully understand or express how they’re feeling. Some injuries—like concussions or internal trauma—aren’t immediately visible.

You don’t always need to visit the emergency room. If the injuries appear minor, a trip to your child’s pediatrician may be enough. However, you must document all symptoms, medical visits, and treatment.

Why It Matters:

  • Ensures your child receives necessary care
  • Creates a medical record that supports a legal claim
  • Identifies any hidden or delayed injuries

Tip: Always explain to the doctor that your child was in a car accident. This context helps them evaluate more thoroughly and document the cause properly.

Watch for Signs of Physical and Emotional Injuries

After an accident, some injuries are obvious. Others may take days or weeks to surface—especially psychological trauma.

Common Physical Symptoms in Children:

  • Headaches or dizziness
  • Neck or back pain
  • Nausea or stomach aches
  • Bruising, swelling, or cuts

Emotional and Behavioral Signs to Watch:

  • Nightmares or sleep disturbances
  • Fear of riding in cars
  • Irritability or mood swings
  • Trouble concentrating or regressing in behavior

Post-Traumatic Stress Disorder (PTSD) is more common in children than many parents realize. If your child shows emotional distress, consider counseling. Additionally, you should document mental health treatment just like physical injuries—it’s essential for both healing and building a complete personal injury claim.

Check the American Academy of Pediatrics’ Trauma Care Guide for more resources.

Who Pays for Your Child’s Injuries?

Florida uses a no-fault system to handle car accident claims. However, the process depends on whose car your child was in and the specifics of the crash.

Here’s How Coverage Typically Works:

  • Personal Injury Protection (PIP):
    If a parent’s auto policy covers the child, PIP covers medical bills—up to $10,000—regardless of fault.
  • Bodily Injury Liability (BI):
    If another driver caused the crash, you can file a claim against their insurance for expenses not covered by PIP.
  • Uninsured/Underinsured Motorist (UM/UIM):
    If the at-fault driver has insufficient insurance, your own UM/UIM coverage may apply.
  • MedPay (if available):
    Medical Payments coverage can supplement PIP and help with out-of-pocket expenses.

A Florida car accident attorney can review the insurance policies involved and help determine the best path forward.

What If a Family Member Was Driving?

It’s common for children to ride with relatives or family friends. But if that person caused the accident, things can get emotionally complicated. You might feel guilty or hesitant about taking legal action—but here’s the truth:

You’re not suing them personally. Instead, you’re filing a claim with their auto insurance provider. That’s what insurance is for—to cover injuries and damages when accidents happen, even between people who know and care about each other.

In fact, most responsible drivers would want you to use their insurance if it helps your child recover. It doesn’t mean you’re blaming them—it just ensures that your child gets the medical care, support, and long-term resources they need.

A Florida car accident attorney can help you handle the situation delicately while still protecting your child’s legal rights and future well-being.

How Child Injury Settlements Work

When a car accident causes injuries to a child, Florida law treats the settlement process differently than it would for an adult. Special legal protections are in place to ensure that any financial compensation benefits the child—both now and in the future.

If a Settlement Is Over $15,000, Here’s What Happens:

Court Approval Is Required
Before a settlement can be finalized, a Florida judge must review and approve it. The court carefully evaluates the amount, terms, and how the funds will be used to make sure the agreement serves the child’s best interests.

Funds Go Into Placed in a Protected Account
Once the court approves the settlement, the responsible party deposits the money into a restricted guardianship account, structured settlement, or annuity. This protected account safeguards the funds until the child turns 18. No one can withdraw or use the money without court approval.

Parents Cannot Use the Money Freely
Although parents or guardians manage the child’s care, they do not have unrestricted access to the settlement funds. If money is needed—for ongoing medical treatment, therapy, or educational support—they must request permission from the court. This ensures the funds are spent only on the child’s well-being.

This process protects the child’s financial future—but it can be complicated. An experienced Florida car accident attorney will help prepare the necessary filings, represent you in court, and make sure everything gets handled correctly.

What Damages Can Be Recovered?

If your child was injured in a car accident, your family may be entitled to compensation. These damages can help cover both financial losses and emotional impacts.

Common Recoverable Damages:

  • Medical Expenses (Past and Future)
    Covers ER visits, doctor care, surgeries, and any follow-up treatments your child may need.
  • Therapy or Counseling Costs
    Emotional recovery matters too. Many children need help dealing with fear, anxiety, or PTSD after a crash.
  • Medication and Rehabilitation
    Includes prescriptions, physical therapy, and any assistive equipment needed for recovery.
  • Pain and Suffering
    Physical pain, trauma, and emotional distress all qualify for compensation.
  • Loss of Enjoyment of Life
    This loss can be compensated if your child can no longer enjoy hobbies, sports, or other activities.
  • Permanent Disability or Disfigurement
    Long-term injuries, scars, or impairments are considered serious and increase the potential compensation.
  • Parental Lost Wages
    If you had to miss work to care for your child, those lost earnings can be part of the claim.

A skilled Florida car accident attorney will carefully calculate your damages, gather the necessary documentation, and pursue the full amount your family deserves.

How Long Do You Have to File?

In Florida, most car accident claims must be filed within two years of the accident. However, claims involving children have some flexibility. In certain cases, the clock doesn’t start until the child turns 18.

Still, it’s best to act quickly. Evidence fades, and early legal involvement gives you the best chance to fully recover.

Tips for Protecting Your Child’s Claim

After an accident, the steps you take can make a big difference in the outcome of your child’s injury claim. Here’s how to strengthen the case and protect your child’s rights:

Key Tips to Follow:

  • Keep All Medical Records, Bills, and Receipts
    These documents prove the extent of injuries, treatments, and costs—essential for calculating compensation.
  • Take Photos of Injuries and the Crash Scene
    Visual evidence can support your claim and show how serious the accident was.
  • Avoid Posting About the Accident on Social Media
    Insurance companies may use your posts against you. It’s best to keep the case private.
  • Write Down Changes in Your Child’s Mood or Behavior
    Emotional and psychological impacts should be documented. This helps prove pain, suffering, or trauma.
  • Consult with a Florida Car Accident Attorney Early
    Getting legal help right away ensures your case is handled correctly and deadlines are met.

By following these tips and working closely with an experienced Florida car accident attorney, you’ll be in the best position to protect your child’s future.

Why Expert Guidance From a Florida Car Accident Attorney Matters

You want to focus on your child’s healing—not legal paperwork or insurance adjusters. That’s where we come in.

Our Florida car accident attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. have decades of experience helping families through difficult times. We know the law, the court procedures, and how to work with insurance companies to maximize your child’s recovery.

We’ll help you:

  • Understand your rights and options
  • Coordinate care and protect your child’s future
  • Handle all communication with insurers
  • Secure court approval for settlements when needed
  • Ensure all funds are handled properly and legally

Your child deserves the best care and compensation possible—and we’ll fight to make that happen.

Contact Us for a Free Consultation

If your child was injured in a car accident, we’re here to help. At Battaglia, Ross, Dicus & McQuaid, P.A., we treat your family like our own. You’ll get personal attention, clear answers, and the confidence of knowing your child’s case is in good hands.

Why Clients Trust Us:

  • Decades of proven results
  • Local, award-winning attorneys
  • Free consultations and no fees unless we win
  • Special experience with children’s personal injury cases

Let us take the legal burden off your shoulders. Contact us today to schedule your free consultation.

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Lyft Accidents in Florida: What You Need to Know https://www.stpetlawgroup.site/lyft-accidents-in-florida-what-you-need-to-know/ Thu, 27 Mar 2025 21:38:29 +0000 https://stpetelawgroup.com/?p=21234 Accidents involving Lyft vehicles are becoming increasingly common, and they bring unique legal and insurance complexities.

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Updated March 27, 2025 by Sean McQuaid

Accidents involving Lyft vehicles are becoming increasingly common, and they bring unique legal and insurance complexities. Whether you are a passenger, another driver, or even a pedestrian, understanding your rights and navigating the claims process after a Lyft accident is critical. At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped countless clients handle the challenges of Lyft accidents, and this guide will outline everything you need to know.

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Lyft’s Insurance Policy Coverage in Florida

Lyft, like most rideshare companies, provides insurance coverage tailored to the status of the driver in the Lyft app at the time of an accident. Understanding these coverage levels is key to determining how compensation may apply to your situation.

Coverage When a Passenger Is Present

When a Lyft driver has an active passenger, Lyft offers up to $1 million in primary liability insurance. This policy is designed to cover bodily injury, property damage, and wrongful death resulting from the accident. If you are a passenger injured in a Lyft vehicle, this insurance is your primary source of compensation for medical bills, lost wages, and related damages.

Coverage When the Driver Is Logged In but Without a Passenger

If a Lyft driver is logged into the app and waiting for a ride request, the insurance coverage is more limited. It typically includes:

  • $50,000 for bodily injury per person
  • $100,000 for bodily injury per accident
  • $25,000 for property damage

Coverage for Off-Duty Drivers

If a Lyft driver is off-duty and not logged into the app, their personal auto insurance applies. Lyft’s coverage does not extend to accidents in this situation.

Key Conditions of Lyft’s Coverage

While Lyft’s $1 million liability policy is comprehensive, it applies only when the driver is actively transporting a passenger. Understanding this distinction is essential to evaluating your options for compensation.

How Lyft’s Insurance Applies in Common Accident Scenarios

Each Lyft accident presents unique circumstances, and the way insurance applies depends on the specifics of the incident.

Scenario 1: Lyft Driver Causes an Accident While You Are a Passenger

If your Lyft driver is at fault, Lyft’s $1 million liability insurance should cover your injuries and damages. This policy ensures compensation for medical expenses, pain and suffering, and lost wages.

Scenario 2: Another Driver Causes the Accident While You Are a Passenger

If another driver is at fault, their insurance policy is the first line of compensation. However, if the at-fault driver is uninsured or underinsured, Lyft no longer provides uninsured/underinsured motorist (UM/UIM) coverage in Florida. You may need to rely on your own UM/UIM policy or pursue legal action against the at-fault driver.

Scenario 3: A Lyft Driver Causes an Accident and You Are in Another Vehicle

If you are driving another vehicle or are a pedestrian and are injured by a Lyft driver who is logged into the app, Lyft’s liability insurance applies. The same $1 million policy can cover your injuries and damages.

Lyft’s Removal of Uninsured Motorist Insurance in Florida

In recent years, Lyft made significant changes to its insurance policies in Florida, including the removal of uninsured motorist (UM) coverage. This change means that if you are involved in an accident caused by an uninsured or underinsured driver while riding in a Lyft, you may face additional hurdles in obtaining full compensation for your damages.

How the Lack of UM Coverage Affects Claims

UM coverage is a safety net for passengers when an at-fault party has insufficient or no insurance to cover the damages. Without Lyft’s UM coverage, victims must turn to their own insurance policies or pursue legal action against the at-fault driver, which can be complicated and time-consuming.

Steps to Take Without UM Coverage

If you’re involved in a Lyft accident in Florida without UM coverage, you can protect your rights by:

  • Filing a Claim Against the At-Fault Driver: The at-fault driver’s insurance is your primary source of compensation.
  • Using Your Insurance: Check if your auto policy includes UM/UIM coverage, which could cover your medical expenses and losses.

Challenges in Filing a Lyft Accident Claim

Although Lyft offers substantial insurance coverage, victims often encounter obstacles when filing claims:

  • Determining Liability: Identifying the responsible party can be complicated, especially in multi-vehicle collisions.
  • Complex Insurance Policies: Lyft’s tiered insurance system can confuse victims unfamiliar with legal and insurance terms.
  • Insurance Company Tactics: Insurers may attempt to minimize payouts by disputing the severity of injuries or claiming pre-existing conditions contributed to your damages.

Navigating these challenges can be daunting without legal representation.

Steps to Take Immediately After a Lyft Accident

The steps you take following a Lyft accident can significantly impact your ability to recover compensation.

  • Prioritize Medical Attention: Seek immediate medical care, even if your injuries seem minor. Delayed symptoms, such as whiplash, are common after car accidents.
  • Document the Scene: Photograph the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
  • Preserve Lyft App Records: Save your ride receipt and note the driver’s name, vehicle details, and other trip specifics.
  • Avoid Admitting Fault: Don’t speculate about fault or provide statements to insurers without legal guidance.
  • Avoid Social Media Posts: Refrain from posting about the accident or your injuries on social media. Insurers and opposing parties may use your posts against you to minimize your claim.
  • Contact an Attorney: A Florida Lyft accident attorney can evaluate your case and guide you through the claims process.

    Types of Compensation Available to Lyft Accident Victims

Being involved in a Lyft accident can lead to a wide range of financial, physical, and emotional burdens. If you’ve been injured, you may be entitled to various forms of compensation, depending on the specifics of your case. These damages aim to cover both immediate and long-term impacts of the accident.

  • Medical Expenses: Compensation for medical expenses includes not only the initial costs like ambulance rides, emergency room visits, and hospital stays, but also ongoing and future medical care. This might involve physical therapy, follow-up surgeries, prescription medications, and specialized equipment like wheelchairs or braces.
  • Lost Wages: If your injuries prevent you from working, you may be eligible to recover lost income. This includes wages for the time you missed while recovering, as well as any reduced earning capacity if your injuries prevent you from returning to your previous job or working at full capacity in the future.
  • Pain and Suffering: Physical injuries often come with significant emotional and psychological tolls. Pain and suffering compensation addresses the trauma, anxiety, depression, and diminished quality of life that victims may experience. For example, a victim dealing with chronic pain or a permanent disability might receive damages to reflect the impact on their day-to-day life.
  • Property Damage: If your personal belongings were damaged during the accident—such as your car, phone, or other valuable items—you can seek reimbursement for repair or replacement costs.
  • Wrongful Death: If a Lyft accident results in the loss of a loved one, surviving family members may pursue wrongful death claims. Compensation can include coverage for funeral and burial expenses, the loss of the deceased’s income, and the emotional anguish experienced by the family. Additionally, damages may address the loss of companionship and guidance provided by the deceased.

Each type of compensation is tailored to address the specific losses and hardships you’ve endured due to the accident. Understanding and valuing these damages accurately is critical to ensuring you receive the financial support you need for recovery and rebuilding your life. A skilled attorney can help you calculate and pursue the full range of compensation you’re entitled to under the law.

Florida’s Statute of Limitations for Lyft Accident Claims

Florida law requires personal injury claims to be filed within two years from the date of the accident. Missing this deadline can bar you from recovering compensation, so it’s essential to act promptly.

Why Expert Guidance from an Attorney Matters

Handling a Lyft accident claim involves navigating complex insurance policies, gathering evidence, and negotiating with insurers who may not have your best interests at heart. At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped countless clients recover the compensation they deserve after rideshare accidents.

Here’s how we help:

  • Understanding Insurance Policies: We ensure the right coverage applies to your case.
  • Establishing Fault: Our team conducts thorough investigations to identify all liable parties.
  • Maximizing Compensation: We calculate and pursue the full value of your damages, including future medical expenses and non-economic losses.
  • Protecting Your Rights: We handle negotiations and legal proceedings, preventing insurers from taking advantage of you.

Contact Us for a Free Consultation

If you’ve been injured in a Lyft accident, Battaglia, Ross, Dicus & McQuaid, P.A. is here to help. With decades of experience, our team is dedicated to securing justice and fair compensation for our clients. We’ll handle the legal complexities so you can focus on your recovery.

Contact us today for a free consultation.

Let us fight for the compensation you deserve and guide you every step of the way. Your road to recovery starts here.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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Struggling to Sleep After a Car Accident? Causes and Solutions https://www.stpetlawgroup.site/struggling-to-sleep-after-a-car-accident-causes-and-solutions/ Tue, 11 Mar 2025 21:29:15 +0000 https://stpetelawgroup.com/?p=21400 You close your eyes, but sleep won’t come. The pain, the racing thoughts, and the flashes of the accident replay in your mind.

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You close your eyes, but sleep won’t come. The pain, the racing thoughts, and the flashes of the accident replay in your mind. It’s frustrating, exhausting, and overwhelming. If you’re struggling to sleep after a car accident, you’re not alone. Many accident victims find themselves trapped in a cycle of pain and anxiety that keeps them awake at night.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve seen firsthand how sleep disturbances affect our clients after a crash. The impact of poor sleep extends far beyond exhaustion—it slows healing, worsens mental health, and makes daily life harder. Over the years, our Florida car accident attorneys helped countless accident victims recover compensation for not only their physical injuries but also the emotional toll that sleep loss can take.

If you’re suffering from post-accident sleep issues, understanding the causes and solutions can help you regain control and find relief.

Why Is Sleep So Hard After a Car Accident?

Sleep problems after a car accident happen for many reasons. The body and mind go through extreme stress, making it difficult to relax. Here are some of the most common causes:

1. Physical Pain and Discomfort

Car accidents often cause injuries like whiplash, back pain, and muscle soreness. Trying to sleep while in pain can be frustrating. Certain injuries also make it difficult to find a comfortable sleeping position.

2. Emotional Trauma and Anxiety

Accidents can be traumatic. Many people develop anxiety, stress, or even PTSD after a crash. Nightmares and racing thoughts can keep you awake for hours.

3. Medication Side Effects

Doctors often prescribe pain relievers or muscle relaxers after an accident. Some of these medications can disrupt sleep patterns or cause drowsiness at the wrong times.

4. Changes in Routine and Environment

If your injuries force you to change your normal sleeping position or environment, your sleep may suffer. Sleeping in a recliner instead of your bed, for example, can affect sleep quality.

5. Financial and Legal Stress

Dealing with medical bills, car repairs, and insurance claims adds stress. Many accident victims worry about lost wages and legal issues, making it difficult to relax.

Psychological Effects of Sleep Loss After an Accident

Sleep deprivation after an accident can take a serious toll on mental health . When you don’t get enough rest, your brain struggles to process emotions, leading to:

  • Increased anxiety and depression
  • Heightened irritability and mood swings
  • Difficulty concentrating and making decisions

Lack of sleep also worsens PTSD symptoms, causing flashbacks and panic attacks. Many accident victims feel trapped in a cycle of stress, where anxiety prevents sleep, and exhaustion worsens anxiety. If left untreated, these issues can interfere with work, relationships, and daily responsibilities.

The Long-Term Impact of Sleep Deprivation on Recovery

Sleep plays a key role in physical recovery. When you’re sleep-deprived, your body struggles to repair damaged tissues and fight inflammation. Poor sleep can:

  • Slow down healing from injuries like whiplash or broken bones
  • Weaken the immune system, making you more vulnerable to infections
  • Increase pain sensitivity, making discomfort feel even worse

Additionally, chronic sleep deprivation can raise the risk of long-term health issues such as high blood pressure, heart disease, and weight gain. Addressing sleep problems early can speed up recovery and prevent further health complications.

How to Improve Sleep After a Car Accident

If you’re struggling to sleep, there are steps you can take to improve rest and speed up recovery.

1. Manage Pain Effectively

  • Follow your doctor’s pain management plan.
  • Use ice or heat therapy before bed.
  • Try gentle stretching or physical therapy exercises.
  • Adjust pillows and mattress support to ease pressure points.

2. Reduce Anxiety and Stress

  • Practice deep breathing or meditation before bed.
  • Write down worries in a journal to clear your mind.
  • Talk to a therapist if you’re experiencing nightmares or anxiety.

3. Create a Sleep-Friendly Environment

  • Keep your bedroom cool, dark, and quiet.
  • Avoid screens (phones, tablets, TVs) an hour before bed.
  • Use white noise or calming music to help relax.

4. Follow a Consistent Sleep Schedule

  • Go to bed and wake up at the same time every day.
  • Avoid long naps during the day.
  • Establish a calming bedtime routine.

5. Be Mindful of Medication Side Effects

  • Talk to your doctor about adjusting medications that impact sleep.
  • Avoid caffeine and alcohol, which can interfere with rest.
  • Consider natural sleep aids like melatonin, but consult your doctor first.

For more tips on improving sleep after trauma, visitSleepFoundation.org.

Other Car Accident Injuries That Can Affect Sleep

Sleep problems after a crash are often linked to underlying injuries. Some common accident-related conditions that can disrupt sleep include:

  • Concussions and Traumatic Brain Injuries (TBIs): Head injuries can cause headaches, dizziness, and difficulty falling or staying asleep.
  • Whiplash and Neck Injuries: Pain and stiffness can make it hard to find a comfortable sleeping position.
  • Back Injuries and Herniated Discs: These conditions can cause persistent pain and discomfort, making rest difficult.
  • Broken Bones and Sprains: Wearing a cast or sling can restrict movement and affect sleep quality.

If your injuries are preventing you from sleeping, speak with a doctor about possible treatment options.

How to Seek Compensation for Sleep Issues After a Car Accident

If your accident was caused by another driver’s negligence, you may be entitled to compensation for sleep disturbances and other health effects. Sleep problems often qualify as a form of pain and suffering, which can be included in a personal injury claim.

To build a strong case, consider:

  • Medical records showing sleep-related complaints and treatments
  • Statements from doctors or sleep specialists linking your condition to the accident
  • Personal journals documenting your sleep struggles
  • Testimony from family or coworkers about how sleep loss has affected your daily life

A skilled Florida car accident attorney can help prove how sleep disturbances have impacted your recovery and overall well-being.

When Should You Seek Medical Help?

If sleep problems persist, it may be time to seek professional help. Consider talking to a doctor if:

  • Insomnia lasts more than two weeks.
  • Nightmares or flashbacks prevent sleep.
  • You experience extreme fatigue during the day.
  • Sleep problems worsen instead of improving.

Lack of sleep can slow down your recovery and impact your daily life. A medical professional can help determine if physical injuries, PTSD, or other factors are affecting your rest.

Why Expert Guidance from a Florida Car Accident Attorney Matters

A lack of sleep isn’t just frustrating—it can affect your ability to work and function. If your accident was caused by someone else’s negligence, you deserve compensation for your injuries and suffering. At Battaglia, Ross, Dicus & McQuaid, P.A., we understand from experience how sleep struggles can impact our clients’ lives.

A Florida car accident attorney can help you navigate the legal process while you focus on healing. We assist with:

  • Proving the Impact of Your Sleep Issues: We gather medical records, expert testimony, and documentation to establish how the accident has affected your sleep and overall well-being.
  • Negotiating with Insurance Companies: Insurance adjusters often downplay issues like chronic pain and sleep loss. We fight to make sure they take your suffering seriously and offer fair compensation.
  • Calculating the Full Scope of Your Damages: Beyond medical bills, we factor in emotional distress, lost wages, therapy costs, and long-term health effects.
  • Handling All Legal Aspects: From filing claims to meeting deadlines, we manage the legal process so you can focus on healing.
  • Representing You in Court if Necessary: If insurers refuse to settle fairly, we’re prepared to take your case to trial and fight for the maximum compensation you deserve.
  • Connecting You with Medical Experts: We work with specialists who can diagnose and document sleep-related issues caused by your accident, strengthening your case.

Legal support can make all the difference in your recovery. Let us handle the stress while you focus on regaining your health and peace of mind.

Contact Us for a Free Consultation

If you’re struggling to sleep after a car accident, it may be time to seek legal support. At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve been helping accident victims for decades. Our experienced Florida car accident attorneys understand the challenges you’re facing, and we are here to fight for your rights.

With a proven track record of success, we’ve recovered millions for injured clients across Florida. We handle cases with compassion and dedication, ensuring you get the best possible outcome.

Don’t suffer in silence. Contact us today for a free consultation. Let a skilled Florida car accident attorney guide you through the process of seeking your rightful compensation. Call us now or visit our website to get started!

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Pregnant and Injured in a Car Accident? https://www.stpetlawgroup.site/pregnant-and-injured-in-a-car-accident/ Tue, 11 Feb 2025 20:33:14 +0000 https://stpetelawgroup.com/?p=21296 If you or your unborn baby were harmed, our Florida car accident attorneys can guide you through your legal options.

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Being pregnant and involved in a car accident creates a lot of concerns. Even minor fender benders can leave you feeling anxious about your health and the safety of your baby. Studies show that car accidents are a leading cause of trauma during pregnancy, with an estimated 200,000 cases reported annually in the U.S. The sudden impact can lead to complications, even if you don’t feel immediate pain. It’s normal to feel scared and uncertain about what to do next.

Knowing the risks and the right steps to take can help protect both you and your unborn child during this critical time. At Battaglia, Ross, Dicus & McQuaid, P.A., we understand the concerns of expectant mothers after a crash. If you or your unborn baby were harmed, our Florida car accident attorneys can guide you through your legal options.

How Car Accidents Can Affect Pregnancy

Even if you feel fine after a crash, your baby could still be at risk. Sudden impacts can cause complications that may not be obvious right away. Some of the most common injuries include:

  • Placental Abruption: The placenta provides oxygen and nutrients to your baby. A sudden jolt from an accident can cause it to separate from the uterus too soon. This can lead to bleeding, pain, and a lack of oxygen for your baby. In some cases, this can result in an emergency delivery.
  • Preterm Labor: A car accident can put stress on your body, triggering labor before your baby is ready. Preterm birth can lead to serious health problems for your newborn, including breathing issues and developmental delays.
  • Fetal Trauma: Your baby is protected by amniotic fluid and your womb, but a strong impact can still cause injury. Direct pressure from a seatbelt or airbag can harm the baby, leading to fractures or internal injuries.
  • Uterine Rupture: This is a rare but life-threatening condition where the uterus tears due to blunt force trauma. This often requires immediate surgery and can put both mother and baby at risk.
  • Miscarriage: In severe cases, the trauma from a crash can result in pregnancy loss. This is devastating for any expectant mother and may be grounds for a wrongful death claim.

If you were in a crash while pregnant, you should see a doctor as soon as possible. Your health and your baby’s well-being should be the top priority.

Signs You Should Seek Immediate Medical Care

Not all pregnancy-related injuries show symptoms right away. However, some warning signs should never be ignored:

  • Severe abdominal pain or cramping: This can indicate placental abruption or other serious complications. Even mild pain should be checked by a doctor.
  • Vaginal bleeding or fluid leakage: Bleeding can be a sign of miscarriage or early labor. Fluid leakage could mean your water has broken too soon.
  • Dizziness or fainting: This could signal internal bleeding or a drop in blood pressure. Both conditions can be dangerous for you and your baby.
  • Decreased fetal movement: If your baby suddenly moves less than usual, it may be a sign of distress. Call your doctor if you notice a change in movement patterns.
  • Contractions or pressure in your lower abdomen: These may be signs of preterm labor, which needs medical attention immediately.

If you experience any of these symptoms, go to the hospital right away. A doctor can check if your baby is safe and provide any necessary treatment.

Legal Rights for Pregnant Women in Car Accidents

When another driver’s negligence causes an accident, you have legal rights. You can seek compensation for your costs – present and future – and a Florida car accident attorney can help you get the most money so you and your baby are cared for. If you or your baby suffer injuries, you may be entitled to compensation for:

  • Medical expenses: Pregnancy-related medical care can be expensive. Compensation can cover prenatal visits, hospital stays, and treatments needed due to the accident.
  • Pain and suffering: An accident can cause extreme stress and emotional distress, especially if it threatens your pregnancy. This type of compensation acknowledges the mental toll the accident has had on you.
  • Lost wages: If your injuries force you to take time off work, you can seek compensation for the money you lose. This is especially important if your doctor puts you on bed rest.
  • Future medical care: Some injuries from a crash can lead to long-term health issues. You may need extra prenatal care, a C-section, or medical attention after delivery.
  • Costs to the Child After Birth: If your baby suffers injuries due to the accident, the financial impact can continue long after delivery. Medical bills for neonatal care, surgeries, therapy, or ongoing treatment can be overwhelming. Compensation can help cover these expenses, ensuring your child gets the care they need.

A Florida car accident attorney can help you file a claim and fight for the compensation you deserve.

Proving Harm to an Unborn Baby

https://www.youtube.com/shorts/u9NcP0eiIl4

One of the biggest challenges in a personal injury case involving pregnancy is proving harm to the baby. Our firm has worked on cases where unborn children suffered injuries. We even have a video discussing personal injury claims for unborn babies, which can help you understand your legal rights.

Medical records, expert testimony, and fetal monitoring results can help build a strong case. A skilled Florida car accident attorney will know how to gather the right evidence.

Steps to Take After a Car Accident While Pregnant

If you are pregnant and involved in a crash, follow these steps:

  • Call 911. Report the accident and request medical help if needed.
  • Seek immediate medical attention. Even if you feel okay, see a doctor to check on your baby.
  • Document the accident. Take photos of the vehicles, road conditions, and any visible injuries.
  • Get witness statements. If anyone saw the crash, their testimony can support your case.
  • Contact a Florida car accident attorney. A lawyer can help you navigate the legal process and fight for your rights.

Can You File a Lawsuit for Harm to an Unborn Baby?

In Florida, parents can file a claim if their unborn baby suffers harm due to another person’s negligence. If the baby is born with health issues caused by the accident, parents may be able to recover damages for:

  • Neonatal medical care: If the baby needs special care after birth, the at-fault party should be responsible for those costs.
  • Long-term disabilities: Some babies may develop conditions that require lifelong medical care. This can place a financial burden on parents.
  • Emotional distress: The trauma of knowing your baby was hurt can have lasting effects. A claim can acknowledge this emotional suffering.
  • Wrongful death in cases of pregnancy loss: If the accident causes a miscarriage, parents may be entitled to compensation for their loss.

Laws regarding fetal injury claims are complex, but a Florida car accident attorney can explain your rights and options.

How Expert Guidance from a Florida Car Accident Attorney Can Help

Navigating the legal system while dealing with the stress of an accident and pregnancy can be overwhelming. A Florida car accident attorney can provide the expertise and support you need. Here’s how they can help:

  • Handling Insurance Companies: Insurance adjusters often try to minimize payouts. An attorney will negotiate on your behalf to ensure you get fair compensation.
  • Gathering Strong Evidence: Proving negligence and harm to your baby requires medical records, expert opinions, and accident reports. A lawyer will collect and present the necessary evidence.
  • Calculating Your Full Damages: Beyond medical bills, an attorney will assess future medical needs, emotional distress, and other damages.
  • Filing a Lawsuit if Needed: If negotiations don’t lead to a fair settlement, your attorney will take the case to court to fight for your rights.
  • Offering Emotional Support and Guidance: Having a legal advocate allows you to focus on your recovery and pregnancy while they handle the legal complexities.

Contact Our Florida Car Accident Attorneys for a Free Consultation

If you or your unborn baby were injured in a car accident, you don’t have to go through this alone. The legal system can be complex, but we are here to guide you every step of the way.

At Battaglia, Ross, Dicus & McQuaid, P.A., we have been helping accident victims in Florida for over 60 years. Our team understands the emotional and physical toll of being pregnant and injured. We will fight for the justice and compensation you deserve.

We offer free consultations, so you can discuss your case with no obligation. If you decide to move forward, we work on a contingency basis, meaning you pay nothing unless we win your case.

Don’t wait to get the help you need. Contact a Florida car accident attorney today and let us take care of the legal process while you focus on your health and your baby’s well-being.

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What Happens if Your Car is Totaled After a Car Accident in Florida? https://www.stpetlawgroup.site/what-happens-if-your-car-is-totaled-after-a-car-accident-in-florida/ Mon, 10 Feb 2025 16:45:10 +0000 http://3.129.126.197/?p=17809 If your car has been totaled in a car accident in Florida, then you need to know what happens next to ensure you're not left out of pocket.

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Updated February 10, 2025 by Alec Waid If your car has been totaled in a car accident in Florida, you are likely asking yourself what happens next? Florida is the 5th most expensive state for auto insurance in the U.S., so drivers are paying good money to be compensated for vehicle damage and injuries. This guide, made by our Florida car accident attorneys, should help you understand what happens after you are in an accident and and what steps you need to take: https://www.youtube.com/shorts/v4pAQr2AZZA

What Makes a Car Considered ‘Totaled’ in Florida?

A car is defined as ‘totaled’ in Florida when the damage requires repairs that would cost more than 80% of the vehicle’s fair market value. The vehicle’s value before the accident is as big a factor in determining if it’s totaled, as the amount of damage itself. Used cars are far more likely to be totaled than new models. For example, if your car was valued at $60,000, then it would require $48,000 worth of damage to be considered totaled. Whereas for a car worth $5,000, only $4,000 worth of damage would result in a ‘totaled’ definition.
  • The pre-accident value is called ‘actual cash value.’
  • The post-accident value is called the ‘salvage value.’

Will My Insurance Cover My Totaled Car in Florida?

  • In Florida the at-fault party is responsible for property damage but not injuries.
  • Their insurance carrier should cover damage costs up to their insurance coverage’s limits.
  • You should receive the car’s actual cash value from the insurance company, if the loss was covered.
  • You should also be covered for the use of a rental vehicle for a limited period.
  • Insurance companies must also pay applicable taxes and title costs if the policyholder purchases a replacement vehicle.
  • The minimum property damage liability (PDL) coverage required in Florida is only $10,000 – which is rarely enough to cover large collision damage.
  • If the other driver’s collision coverage is exhausted, they may be personally liable for the damages via a personal injury lawsuit.
  • If the at-fault driver was uninsured, then your claim may be filed against your own insurance coverage.
  • You may face ‘comparative fault‘, where a percentage of the settlement is reduced due to your partial fault in the accident.

How Is a Car’s Damage Determined?

Your insurance company will send an appraiser to examine your car and determine the cost of repairs and the actual cash value by analyzing the manufacture, model, mileage, options and model.

What If I Still Had a Loan on the Vehicle?

The bad news is that if you owe a loan on a vehicle that is totaled, you will still need to pay off the car out of whatever you receive. If your car is worth less than your loan, then you are still on the hook for the loan. We tell our injury clients that we know this is unfair and try to make up for it out of any injury settlement money. But, if you do not have an injury claim, you are potentially stuck having to pay for both a new car payment and your old one! In some cases, you might have protected yourself from this situation by purchasing Gap Insurance that will cover the difference. But, this is optional in Florida, so if you have a minimal policy, it is unlikely that you carry it. You need to check with your insurance company to see if you have what is called ‘Gap Insurance’. For example, if your vehicle was valued at $30,000 by the insurance company after the accident, and you still owed $10,000, then you’ll receive $20,000 in a car insurance settlement from your Gap Insurance.

What Should I Do Next?

Once you have been notified that the car is totaled, you should:
  • Consider removing the car from the tow yard.
  • Remove the license plate.
  • Remove all personal items.
  • Notify your lender if you have an existing loan on the vehicle.

Can I Keep My Totaled Car?

Insurance companies will usually let you keep your car if you request it. They will write a check of the actual cash value, minus your deductible and the salvage value. If you do choose this option, it’s your job to repair it. It will also be far harder to insure and it will lower in value, due to the salvage title.

Can I Challenge My Totaled Car Appraisal?

If you’re unhappy with your insurer’s appraisal, you can challenge it. Sometimes insurance adjusters make mistakes with evaluations and may have overlooked critical details.

Can I Request My Car Be Totaled?

Yes. If your vehicle is close to the total threshold, you may be able to ask for it to be totaled. But, you will need ammunition to help with your argument. An insurance company is not going to take a loss just because you asked.

How To Get Your Car Out of a Tow Yard

After an accident, totaled cars are taken to tow yards. Most tow yards charge a per-day rate, but it can be easy to lose track of time and find yourself with an expensive tow yard fee. Once you’ve taken care of the essentials, such as medical attention, you can try finding a new location for your vehicle.

Option 1:

  • By filing a claim with your auto insurance company, you can arrange for your car to be towed to a repair shop or to your insurance provider’s nearest location.
  • An insurance adjuster will usually visit the tow yard to assess the damage during this phase.

Option 2:

  • If using your car insurance is not a suitable option, then you can try having your vehicle towed to your home or the property of a trusted friend or relative. Doing so can minimize tow yard fees.

Option 3:

  • The other alternative is to take action at the accident scene. However, please remember always to make your health the priority.
  • By communicating with the tow truck driver, you can ask for it to be towed to a repair shop, your insurance company’s nearest location, or your preferred location.
  • You will be required to pay for the towing fee, but that will likely be far less than the daily tow yard fee.

Make Sure That Your Driver’s License Doesn’t Get Suspended

Don’t count on the insurance company to notify Florida Highway Safety and Motor Vehicles that the car was totaled. If your license plate is still registered to you and the insurance company is no longer insuring it, it could trigger a driver’s license suspension. We advise our clients to continually check with FLHSMV to make sure the vehicle registration is updated. If you get a notice of suspension, make sure that you have the paperwork to prove that you no longer own it.

What to Do About Your Injuries After a Car Accident in Florida?

Over 250,000 injuries are caused every year by auto accidents. If you’re an injury victim, here’s what you can do next:
  • If you’ve suffered injuries in the car accident, your have a claim for damages.
  • Your injury claim can be anything from medical bills to missed wages and pain and suffering.
  • Sadly, it’s likely that your insurer will try to minimize your settlement and not think of the long-term impact. .
  • We advise you to keep all your receipts and medical bills as evidence.
  • Make sure that you have pictures of the damage to the vehicles and any physical injuries.
  • If you have any questions, simply speak to a lawyer to get some free guidance.
Learn more about what to do if you’re suffered injuries in a car accident.

Average Car Insurance Claims Payout

According to CarInsurance.com, the following figures account for the average car insurance payout on totaled vehicles:
  • Comprehensive: $8,173
  • Collision: $10,484
  • Property Damage Liability: $6,625

Contact a Personal Injury Lawyer in Florida

If your vehicle is totaled, you likely suffered injuries in the car accident. If the accident occurred anywhere in Florida, our personal injury lawyers can help. Regardless of who you hire to handle the injury claim, please do not wait days or weeks to get medical treatment. Once you have begun treatment, please do not miss appointments or have gaps. If you think that you will get better on your own or are just waiting to see what happens, you are unintentionally hurting the value of your claim.

Free Consultations

We have been providing exceptional legal assistance to being injured in car accidents in Florida for decades. Our consultations are without pressure and free of charge. Our firm was founded in 1958 and is nationally ranked as a U.S. News and World Reports Tier 1 Law Firm. We have handled every type of car accident claim across Florida and are available to help you too. We recommend that you contact us for a free consultation. At a minimum, we can give you some free advice about how to avoid pitfalls in your case. Or, just maybe you would like a second opinion.

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Neck Pain From Rear-End Car Accidents https://www.stpetlawgroup.site/neck-pain-from-rear-end-car-accidents/ Fri, 20 Dec 2024 19:40:58 +0000 https://stpetelawgroup.com/?p=21175 We’ll share information about neck injuries from rear-end car accidents, how they can impact your life, and what steps you can take.

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personal injury claim. Neck pain is often more than a temporary inconvenience—it can signal a deeper issue requiring long-term care. In this blog, we’ll share information about neck injuries from rear-end car accidents, how they can impact your life, and what steps you can take to protect your rights.

Common Causes of Neck Pain in Rear-End Accidents

When we sit down with clients, one of the first things we discuss is how their injury occurred. In a rear-end collision, the sudden impact causes the head to jerk forward and backward violently, putting immense strain on the neck. Here are some of the most common injuries that cause neck pain in these cases:

Whiplash

Whiplash is the injury we hear about most often after rear-end collisions. It occurs when the soft tissues in the neck are stretched or torn by the rapid motion caused by the crash. Many clients initially dismiss their symptoms as minor stiffness or soreness, only to realize days later that the pain has worsened. Whiplash can cause not only neck pain but also headaches, shoulder pain, and even difficulty concentrating.

Herniated Discs

In some cases, the impact of a crash can damage the discs in the cervical spine. When a disc becomes herniated, it can press on nearby nerves, causing sharp pain, numbness, or tingling that often radiates down the arms. This type of injury is particularly concerning because it can lead to chronic issues if not treated properly.

Muscle Strains and Ligament Sprains

The force of a rear-end accident can overstretch or tear the muscles and ligaments in the neck. While these injuries might seem straightforward, they can cause significant discomfort and limit the ability to perform everyday activities.

Facet Joint Injuries

The facet joints in the neck, which help provide stability and flexibility, are another common area of injury. Damage to these joints can cause localized pain and stiffness, making even simple movements like turning your head difficult.

Fractures

Though less common, we’ve handled cases where rear-end collisions resulted in fractures of the cervical vertebrae. These are serious injuries that require immediate medical attention and often have lasting consequences.

Steps to Take If You Have Neck Pain After an Accident

If you’re dealing with neck pain after a rear-end collision, it’s essential to take steps to protect your health and your ability to recover compensation. Over the years, we’ve seen how following these steps can make a real difference in a case after a car accident.

Get Medical Attention Right Away

One of the biggest mistakes we see people make is delaying medical care. You might feel fine immediately after the crash, but symptoms of neck injuries can take hours or even days to show up. Getting checked out by a doctor ensures that any underlying issues are identified early. Plus, medical records are critical for proving the connection between the accident and your injuries.

Follow Your Treatment Plan

Following your doctor’s advice is not just about healing—it’s also about showing that you’re taking your injury seriously. Whether your treatment involves physical therapy, medications, or even surgery, sticking to the plan helps build a strong case if you need to pursue compensation. When you miss appointments or have gaps in treatment, the insurance companies will use this against you.

Document Everything

Keep a record of all medical appointments, treatments, and expenses. If you’re unable to work because of your injury, document that too. We’ve found that photos of visible injuries and a journal describing how your pain affects your daily life can be incredibly powerful evidence.

Be Cautious with Insurance Companies

Insurance adjusters often seem friendly and helpful, but their goal is to minimize payouts. We always advise clients to be careful about what they say. Stick to the facts and avoid speculating about fault or the severity of your injuries. Never tell an adjuster that you are fine.

Consult a Lawyer

Rear-end accidents might seem straightforward, but legal cases rarely are. From determining fault to negotiating with insurance companies, there are many moving parts. A lawyer can help you navigate the process, allowing you to focus on your recovery.

How Neck Pain Can Affect Your Life

We’ve seen firsthand how neck injuries can disrupt someone’s life. Beyond the physical pain, there’s the frustration of not being able to do the things you once could. You might find it hard to work, take care of your family, or even enjoy simple pleasures like reading or exercising. The emotional toll is just as real as the physical one. Chronic pain can lead to feelings of helplessness or anxiety about the future. That’s why it’s so important to take these injuries seriously and explore all your options for recovery—both medical and legal.

Compensation for Neck Injuries After a Rear-End Accident

When we work with clients suffering from neck pain, one of our priorities is helping them understand what types of compensation they might be entitled to. Here’s what we typically look at:

  • Medical Expenses: This includes everything from the cost of an ambulance to emergency room visits to physical therapy and any ongoing treatments you might need.
  • Lost Wages: If your injury prevents you from working, you can seek compensation for lost income. We also look at how severe injuries might affect your earning capacity in the future.
  • Pain and Suffering: Physical pain and emotional distress are real damages that deserve recognition. Calculating these can be complex, but it’s an important part of ensuring you’re fully compensated.
  • Property Damage: If your vehicle or other belongings were damaged in the accident, you can recover the cost of repairs or replacement.
  • Punitive Damages: In rare cases where the at-fault driver was particularly reckless, punitive damages might be awarded as a way to hold them accountable.

Challenges You Might Face in a Rear-End Accident Case

While rear-end accidents are often seen as straightforward, we’ve handled enough cases to know that challenges can arise. For example:

  • Disputed Fault: Even in what seems like a clear-cut case, the at-fault driver might argue that you contributed to the accident.
  • Pre-Existing Conditions: If you’ve had prior neck or back issues, insurance companies may try to claim that your current pain isn’t related to the accident.
  • Lowball Settlements: It’s not uncommon for insurance companies to offer a settlement that doesn’t fully cover your losses. Knowing what your case is worth can make a big difference.

These challenges underscore the importance of having someone in your corner who knows how to navigate the legal system.

Why Working with an Experienced Florida Car Accident Attorney Makes a Difference

We’ve spent years helping people who are dealing with the aftermath of car accidents, and one thing is clear: having a lawyer on your side can make the process much smoother. Here’s what we bring to the table:

  • Thorough Investigations: We gather all the evidence needed to build a strong case, from medical records to witness statements.
  • Experience with Insurance Companies: We know the tactics insurers use to minimize payouts, and we know how to counter them effectively.
  • Accurate Valuation of Damages: Understanding the full extent of your losses is key to getting fair compensation. This includes not just medical bills but also future expenses and non-economic damages.
  • Advocacy at Every Step: Whether it’s negotiating a settlement or taking a case to court, we’re committed to fighting for our clients’ best interests.
  • Time Efficiency: We act promptly to meet the statute of limitations, ensuring your right to seek compensation is preserved.

Reach Out to Battaglia, Ross, Dicus & McQuaid, P.A. for Support

If you’re dealing with neck pain from a rear-end car accident, you don’t have to go through it alone. At Battaglia, Ross, Dicus & McQuaid, P.A., we understand how overwhelming this situation can be. Our team is here to guide you every step of the way, offering compassionate support and skilled legal representation. With decades of experience and a proven track record, we’ve helped countless clients recover compensation for their injuries. We’re proud of our reputation for excellence and our commitment to putting clients first. If you’re ready to explore your legal options, contact us for a free consultation. We’ll take the time to understand your situation, answer your questions, and help you move forward. Let us handle the legal side of things so you can focus on what matters most—your recovery.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A
5858 Central Ave suite
St. Petersburg, FL 33707
+(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office
136 4th St N #2233
St. Petersburg, FL 33701
+(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office
12953 US-301 #102
Riverview, FL 33578
(813) 639-8111

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What Should I Do If I Have Broken Ribs from a Car Accident? https://www.stpetlawgroup.site/what-should-i-do-if-i-have-broken-ribs-from-a-car-accident/ Tue, 12 Nov 2024 18:24:42 +0000 https://stpetelawgroup.com/?p=21109 In this guide, we’ll explore what you should do if you’ve sustained broken ribs from a car accident, including how an attorney can help you.

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Broken ribs are one of the most common injuries sustained in car accidents. This painful injury can interfere with daily life, limit movement, and even cause complications if left untreated. If you’ve suffered broken ribs in a car accident, knowing the right steps to take can help you recover physically and secure the compensation you deserve for your pain, suffering, and other losses. In this guide, we’ll explore what you should do if you’ve sustained broken ribs from a car accident, including how a Florida car accident attorney can help you.

Seek Immediate Medical Attention

The first step after a car accident involving broken ribs is to seek medical care right away. Even if the pain seems manageable, broken ribs can lead to serious complications, including punctured lungs, internal bleeding, and respiratory issues. Delaying treatment could worsen your condition and weaken any potential personal injury claim.

At the hospital, doctors may perform X-rays or CT scans to assess the extent of the fractures and determine the best course of treatment. Treatment for broken ribs may involve pain management, breathing exercises, and, in severe cases, surgery to repair the ribs or prevent damage to nearby organs.

Document Your Injuries and Medical Treatment

Documentation is essential for both your health and any future legal case. Keep thorough records of all medical appointments, treatments, and expenses related to your broken ribs. Your medical records can be crucial evidence if you file a personal injury claim, as they demonstrate the severity of your injury and its impact on your life.

Other helpful documentation includes:

  • Photos of your injuries (if possible)
  • Records of your physical limitations or restricted movement
  • Notes on how your injuries affect daily activities or work
  • Contact information for any healthcare providers involved in your treatment

Contact a Florida Car Accident Attorney

A Florida car accident attorney can help you navigate the complexities of a personal injury claim and work to secure compensation for your medical bills, lost income, pain, and suffering. Your attorney will review the specifics of your accident, assess the evidence, and build a case aimed at obtaining fair compensation from the insurance companies involved.

An experienced attorney can handle communications with insurance adjusters, gather witness statements, and work with experts to reconstruct the accident if necessary. This allows you to focus on your recovery while your attorney focuses on maximizing your financial recovery.

Understand the Compensation Available for Broken Ribs

Victims of car accidents with broken ribs may be entitled to compensation for several types of damages:

  • Medical expenses: Including emergency treatment, hospital stays, doctor visits, medications, and follow-up care.
  • Lost wages: If you’re unable to work while recovering, you may be compensated for lost income.
  • Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
  • Future medical costs: For ongoing treatments, therapies, or surgeries required due to the injury.

Your Florida car accident attorney will calculate the total value of your claim and ensure that all potential damages are included. They can negotiate with insurers on your behalf to reach a settlement or, if necessary, take the case to court.

Protect Yourself from Insurance Adjusters

Insurance adjusters may contact you soon after the accident to discuss the claim. Although they may seem helpful, remember that their goal is to minimize the payout for your injuries. Avoid giving a recorded statement or discussing the details of your injuries without first consulting with your attorney.

An experienced Florida car accident attorney can handle these interactions for you, ensuring that you don’t accidentally say something that could harm your case. They’ll ensure that all communications with the insurance company are managed professionally and that your rights are protected.

Follow Your Doctor’s Orders and Monitor Your Recovery

Following your doctor’s orders is essential not only for your health but also for your personal injury claim. Sticking to prescribed treatments, attending follow-up appointments, and adhering to activity restrictions shows that you are committed to your recovery. Deviating from your doctor’s instructions could not only slow your healing but could also give the insurance company grounds to dispute the extent of your injuries.

As you recover, keep a journal of your symptoms, pain levels, and daily limitations. Documenting these effects on your daily life can be valuable evidence to support your claim for pain and suffering.

Types of Car Accidents That Often Cause Broken Ribs

Certain types of car accidents put intense force on the chest, often resulting in broken ribs. Here are the most common accident types that lead to this injury:

1. Head-On Collisions

Head-on collisions create powerful forward momentum, often pressing the driver’s chest into the steering wheel or seatbelt. The resulting compression can lead to broken ribs, especially in high-impact crashes.

2. T-Bone Collisions

T-bone or side-impact collisions happen when one vehicle strikes the side of another, usually at intersections. Passengers on the impact side are at risk, as side doors offer less protection.

The impact can throw them against the interior, resulting in rib fractures.

3. Rear-End Collisions

In rear-end accidents, occupants may be forcefully pressed against their seatbelts, causing chest and rib injuries. While whiplash is common in these accidents, broken ribs can also occur, especially at high speeds.

4. Rollover Accidents

Rollover accidents, in which the vehicle flips over, cause multiple injuries, including rib fractures. The violent rolling motion throws passengers against hard surfaces within the car, even if they’re wearing seatbelts.

5. High-Speed Collisions

Regardless of the type, any high-speed collision increases the risk of broken ribs. The higher the speed, the greater the force, which increases the chance of chest trauma and rib fractures.

Knowing which accident types most commonly cause broken ribs can help clarify the forces involved, which may also support your claim. Consulting an experienced Florida car accident attorney can be valuable in understanding your options and pursuing compensation for injuries and medical expenses.

Other Types of Rib Injuries in Car Accidents

Not all rib injuries involve fractures. Car accidents often cause bruising (rib contusions), which can lead to pain and discomfort but generally heals with rest. Costochondral separation, where a rib detaches from the cartilage connecting it to the sternum, can mimic fracture pain and sometimes requires medical treatment.

Other complications include flail chest, where multiple broken ribs disrupt breathing, and intercostal muscle strains that cause sharp pain but are generally managed conservatively. Additionally, severe rib injuries can puncture internal organs like the lungs, leading to serious issues such as a collapsed lung.

Possible Complications of Broken Ribs

Broken ribs can lead to serious complications, particularly if the fractures are severe or if multiple ribs are broken. Potential complications include:

  • Pneumothorax: A punctured lung, which can cause breathing difficulties.
  • Hemothorax: Internal bleeding around the lungs.
  • Flail chest: When multiple ribs are broken in several places, resulting in a section of the chest wall moving independently, which can severely restrict breathing.

If you experience any unusual symptoms, such as shortness of breath, sharp chest pain, or dizziness, seek immediate medical attention. Such symptoms may indicate a complication that requires urgent care.

The Role of a Florida Car Accident Attorney in Your Recovery Process

A skilled Florida car accident attorney plays a vital role in your recovery process. They handle the legal complexities of your case, giving you the time and space needed to focus on healing. Here are just a few ways an attorney can support you:

  • Comprehensive Case Assessment: Your attorney will examine all aspects of your accident, including police reports, medical records, and witness statements, to build a strong case.
  • Gathering Evidence: They will collect necessary documentation, such as medical records, photos, and expert testimony, to establish the full extent of your injuries.
  • Negotiating with Insurers: Your attorney will handle negotiations, ensuring you receive a fair settlement for your broken ribs and any other injuries sustained.
  • Moving Quickly: Due to the statute of limitations in Florida, personal injury claims must generally be filed within two years from the date of the accident, and injured individuals must seek medical attention within 14 days of the incident to preserve their eligibility for Personal Injury Protection (PIP) insurance benefits.
  • Pursuing Legal Action if Needed: If a settlement isn’t possible, your attorney will be prepared to take your case to court to fight for the compensation you deserve.

In short, a Florida car accident attorney can manage the legal side of your case, protecting your rights and fighting for your best interests at every step.

Contact Us for a Free Consultation

If you’ve suffered broken ribs or other injuries in a car accident, Battaglia, Ross, Dicus & McQuaid, P.A. is here to help. With a long-standing history of success, we’ve provided exceptional legal representation to Florida residents for decades. Our attorneys have extensive experience handling car accident cases and are dedicated to achieving the best possible outcomes for our clients.

Our commitment to excellence and client-centered service has made us one of the most respected law firms in Florida. Let us handle the legal challenges while you focus on your recovery. Contact us today for a free consultation to discuss your case and learn how we can help you secure the compensation you need to move forward.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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