By pressing forward to trial, we were able to apply pressure on the tenant retailer and ultimately recover the entirety of the disputed amount owed and attorney’s fees and costs. All this without our client having to endure a trial or extended attorney fee litigation.

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Common Issues With Bad Contractors

• Incomplete Work: You may be left with a half-finished project that disrupts your daily life or renders parts of your property unusable.
• Poor Quality: Subpar work may require additional repairs or even a complete redo, increasing costs and delays.
• Financial Losses: Paying for materials or services you didn’t receive can create significant financial burdens.
• Delays: An unfinished project can derail timelines, especially for renovations tied to critical life events or business needs.

Common Red Flags When Hiring Contractors

• Reluctance to Provide References: Reputable contractors should have a list of satisfied clients.
• Lack of Licensing or Insurance: Verify the contractor’s credentials with the Florida Department of Business and Professional Regulation (DBPR).
• Unclear Contracts: A poorly written contract may indicate inexperience or a lack of professionalism.

How to Handle Mechanic’s Liens Filed by Contractors

Steps to Address a Mechanic’s Lien

1. Verify the Lien: Ensure the lien is legitimate. In Florida, contractors must meet specific requirements, such as providing proper notice before filing.
2. Dispute the Lien: If the lien is invalid or unwarranted, you can file a formal contest to have it removed.
3. Consult an Attorney: A Florida litigation attorney can help you navigate the complexities of disputing or negotiating the lien.

Step 1: Review Your Contract

• Scope of Work: Does the contract detail the work to be performed?
• Payment Terms: Are payments tied to specific milestones or progress markers?
• Termination Clauses: Does the contract outline what happens if either party fails to fulfill their obligations?
• Dispute Resolution: Does the contract specify mediation, arbitration, or litigation for resolving disputes?

Step 2: Document Everything

• Signed Contracts: Keep a copy of all agreements.
• Payment Records: Save receipts, canceled checks, or bank statements showing payments made.
• Photos of Incomplete Work: Document the current state of the project.
• Communication Records: Retain emails, text messages, or voicemails between you and the contractor.
• Witness Statements: If others witnessed interactions or project discussions, their accounts may be valuable.

Step 3: Seek Legal Assistance to Resolve the Issue

• Evaluate Your Case: Your attorney will review the contract, payment records, and any communications to assess the strength of your position.
• Draft Formal Communications: A certified letter from an attorney outlining the problem and demanding a resolution can carry more weight than one sent by a homeowner.
• Propose Mediation with Legal Support: An attorney can represent you in mediation, ensuring your interests are protected and guiding the discussion toward a fair compromise.

Step 4: File a Complaint

• Florida Department of Business and Professional Regulation (DBPR): The DBPR investigates licensing violations and can impose penalties.
• Better Business Bureau (BBB): Filing a complaint with the BBB may pressure the contractor to resolve the issue.
• Consumer Protection Agencies: State and local agencies can provide additional resources or mediation services.

Step 5: Hire a New Contractor

• Verify Licensing and Insurance: Ensure the new contractor is properly credentialed.
• Check References and Reviews: Speak with past clients to gauge reliability and quality.
• Use a Detailed Contract: Clearly define the scope of work, payment terms, and deadlines.

Florida Laws Protecting Homeowners Against Bad Contractors

• Licensing Requirements: Contractors must be licensed to perform certain types of work.
• Insurance Coverage: Contractors must carry liability insurance to protect clients from financial loss.
• Building Code Compliance: Work must meet local and state building codes.

When Mediation or Arbitration May Be the Right Option

• Mediation: A neutral mediator helps both parties reach a mutually agreeable solution.
• Arbitration: An arbitrator hears both sides and makes a binding decision.

Step 6: Pursue Legal Action

• Breach of Contract Claims: Recover payments made for incomplete or defective work.
• Negligence Claims: Hold the contractor accountable for damages caused by poor workmanship.
• Mechanic’s Lien Defense: Contest improperly filed liens that cloud your property title.

How to Recover Additional Damages

• Emotional Distress: Compensation for the stress caused by the contractor’s actions.
• Temporary Housing Costs: If incomplete work forces you to leave your home.
• Legal Fees: Some cases allow for the recovery of attorney’s fees if you prevail.

How Florida Litigation Attorneys Handle Contractor Disputes

Why Expert Guidance from an Attorney Matters

• Evaluate Your Case: Review your contract, evidence, and options.
• Handle Legal Proceedings: Manage complaints, filings, and court appearances.
• Maximize Compensation: Recover financial losses and additional damages.
• Protect Your Rights: Ensure you’re not taken advantage of by unscrupulous contractors.

Contact Us for a Free Consultation

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Our Florida criminal defense attorneys have extensive experience handling cases involving both civil theft and unfair trade practices. Below, we break down these legal concepts, how they apply, and what to do if you are facing allegations or seeking restitution.

What Is Civil Theft?

Civil theft occurs when someone wrongfully takes another person’s property or money with the intent to deprive them of it permanently. Unlike criminal theft, which can result in jail time, civil theft focuses on financial compensation for the victim.

Key Elements of Civil Theft:

• Intentional taking of another person’s property
• Lack of consent from the rightful owner
• Financial loss suffered by the victim
• Potential for treble damages (triple the value of the stolen amount) under Florida law

Examples of Civil Theft:

• Embezzling company funds
• A contractor accepting payment but never completing the work
• A business partner diverting money from shared accounts
• Unauthorized use of another person’s credit card for purchases

What Are Unfair Trade Practices?

Unfair trade practices refer to deceptive, fraudulent, or unethical business actions that harm consumers or other businesses. Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) protects consumers from misleading or dishonest business conduct.

Key Elements of Unfair Trade Practices:

• Deceptive or misleading acts in business transactions
• Consumer harm resulting from the act
• Intent to mislead or gain an unfair advantage

Examples of Unfair Trade Practices:

• False advertising or misleading product claims
• Charging hidden fees not disclosed upfront
• Selling counterfeit or defective products as genuine
• Bait-and-switch tactics in sales

How Civil Theft and Unfair Trade Practices Differ

Understanding the legal differences between civil theft and unfair trade practices is essential when navigating financial disputes. While both involve wrongful actions, the way the law treats them is distinct.

Key Differences Between Civil Theft and Unfair Trade Practices

1. Legal Focus

• Civil Theft: The wrongful taking of property with the intent to permanently deprive the owner.
• Unfair Trade Practices: Deceptive, misleading, or unethical business conduct that harms consumers or businesses.

2. Intent Requirement

• Civil Theft: Requires proof that the defendant intended to steal or deprive the rightful owner.
• Unfair Trade Practices: Focuses on whether the defendant’s actions misled or deceived consumers, even if the intent wasn’t malicious.

3. Consequences & Legal Remedies

• Civil Theft: Victims can seek treble damages (triple the amount stolen) and attorney fees.
• Unfair Trade Practices: Businesses may face fines, penalties, and orders to compensate affected consumers.

4. Example Cases

• Civil Theft: A business partner unlawfully transferring company funds into a personal account.
• Unfair Trade Practices: A retailer falsely advertising a product’s benefits to mislead customers.

Understanding the legal differences between civil theft and unfair trade practices is essential when navigating financial disputes. While both involve wrongful actions, the way the law treats them is distinct.

Common Defenses Against Civil Theft and Unfair Trade Practice Allegations

Defendants facing civil theft or unfair trade claims may use legal defenses to challenge the accusations. Below are some of the most common defense strategies.

Defenses Against Civil Theft:

• Lack of Intent: The defendant did not intend to deprive the owner permanently.
• Ownership Dispute: The accused believed they had rightful ownership of the property.
• Consent: The plaintiff may have given permission but later changed their stance.
• Mistaken Identity: The wrong individual is being accused of theft.

Defenses Against Unfair Trade Practices:

• Truthful Advertising: If the business can prove the claim was factually accurate.
• No Consumer Harm: The plaintiff must show actual financial loss.
• Unfair Competition Practices Not Intentional: Some business practices may appear deceptive but do not meet the legal definition under FDUTPA.
• Statute of Limitations: If the claim was filed past the legal deadline, it may be dismissed.

A Florida criminal defense attorney can help build a strong defense strategy, gather evidence, and represent clients facing these accusations.

What Evidence Is Needed to Prove Civil Theft vs. Unfair Trade Practices?

To successfully file a civil theft or unfair trade claim, the plaintiff must present substantial evidence. Here’s what is typically required for each:

Evidence for Civil Theft Claims:

• Financial records showing unauthorized transactions.
• Witness testimony proving intent to steal.
• Contracts or agreements demonstrating ownership.
• Surveillance footage if applicable.
• Digital or written communications confirming the act of theft.

Evidence for Unfair Trade Practices:

• Marketing materials containing misleading claims.
• Customer complaints documenting deceptive actions.
• Business invoices or receipts proving false charges.
• Regulatory agency reports (e.g., Federal Trade Commission investigations).
• Internal communications revealing deceptive business tactics.

Since both cases involve proving intent or misleading actions, securing legal representation can ensure the collection and presentation of strong evidence in court.

How Florida Laws Treat Civil Theft and Unfair Trade Practices Differently

Florida has separate statutes for dealing with civil theft and unfair trade practices. The Florida Civil Theft Statute (F.S. 772.11) allows victims to recover treble (triple) damages and attorney’s fees. This makes civil theft cases particularly high-stakes, as defendants can face significant financial penalties if found liable.

In contrast, unfair trade practices fall under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). This law focuses on protecting consumers from deceptive business tactics. Violations can result in:

• Fines and financial penalties.
• Court orders for restitution to consumers.
• Permanent injunctions preventing further misconduct.

While both legal actions carry financial consequences, civil theft claims tend to be more punitive due to the treble damages rule. A Florida criminal defense attorney can help individuals or businesses understand their legal exposure under both statutes.

Potential Penalties and Charges for Civil Theft and Unfair Trade Practices

While civil theft and unfair trade practices are typically civil matters, they can sometimes lead to criminal charges under certain circumstances. Understanding the legal consequences is crucial for anyone facing allegations.

Is Civil Theft a Felony or Misdemeanor?

Civil theft itself is not a criminal offense—it is handled in civil court, where the primary consequence is financial compensation. However, if the wrongful taking of property meets Florida’s criminal theft thresholds, it can also result in criminal charges, which are classified as:

• Petit Theft (Misdemeanor): If the stolen amount is under $750, it may be charged as a misdemeanor, carrying up to one year in jail and fines.
• Grand Theft (Felony): If the value exceeds $750, it becomes grand theft, which can range from a third-degree felony (up to 5 years in prison) to a first-degree felony (up to 30 years in prison) depending on the amount stolen.

Are Unfair Trade Practices Criminal Offenses?

Unfair trade practices are generally civil violations under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Businesses or individuals found in violation may face:

• Fines and financial penalties imposed by regulatory agencies.
• Court-ordered restitution requiring compensation for affected consumers.
• Permanent injunctions preventing further misconduct.

However, in cases involving fraud, conspiracy, or intent to deceive, unfair trade practices could lead to criminal fraud charges, which may be prosecuted as:

• Misdemeanors for minor violations with smaller financial harm.
• Felonies if significant financial losses, fraudulent intent, or repeated offenses are proven.

Seeking guidance from a Florida criminal defense attorney is essential to avoid potential criminal exposure and minimize penalties.

Steps to Take If You’re Facing a Civil Theft or Unfair Trade Lawsuit

If you have been accused of civil theft or unfair trade practices, taking the right steps early can protect you from severe financial and legal consequences. Here’s what to do:

Consult a Florida Criminal Defense Attorney Immediately

• An experienced attorney can evaluate your case and assess possible defenses.
• Legal representation ensures compliance with all court deadlines and required responses.

Do Not Communicate with the Plaintiff Directly

• Anything you say can be used against you in court.
• Allow your attorney to handle all formal responses and negotiations.

Gather Evidence to Support Your Case

• Collect contracts, financial records, communications, and witness statements.
• Preserve any relevant emails, advertisements, or customer agreements.

Consider Settlement Options

• In some cases, negotiating a settlement may be more cost-effective than going to trial.
• A lawyer can help you achieve the best financial outcome possible.

Ignoring legal claims can lead to default judgments, meaning you automatically lose the case and could face severe financial consequences. Seeking legal help early ensures you have a strong defense strategy and protects you from unnecessary losses. Investing in experienced legal representation can ultimately save you far more than it costs.

Alternative Dispute Resolution for Civil Theft and Unfair Trade Claims

Litigation can be expensive and time-consuming. Many businesses and individuals explore Alternative Dispute Resolution (ADR) to resolve claims more efficiently.

Types of ADR:

• Mediation – A neutral third party helps both sides reach a voluntary settlement.
• Arbitration – A private hearing where a neutral arbitrator decides the case, often binding.
• Negotiation – Direct discussions between both parties, usually with attorneys present.

ADR can be faster and less costly than courtroom litigation. In cases involving business disputes, resolving conflicts outside of court can also help protect reputations and maintain business relationships.

Why Expert Guidance from an Attorney Matters

Facing allegations of civil theft or unfair trade practices can be overwhelming. A Florida criminal defense attorney can help:

• Evaluate the case’s strengths and weaknesses.
• Develop a strategic legal defense.
• Negotiate settlements to minimize financial exposure.
• Represent clients in court if litigation is necessary.

Having the right legal support ensures that your rights are protected while reducing stress during the legal process.

Contact Our Florida Criminal Defense Attorneys for a Free Consultation

Understanding the legal differences between civil theft and unfair trade practices is crucial when facing a dispute. Whether you’re dealing with allegations or seeking justice, our team at Battaglia, Ross, Dicus & McQuaid, P.A. is here to guide you through the process.

Contact us today for a free consultation – Click here to get in touch!

Taking quick action can protect your rights and financial interests. Let our experienced legal team fight for you!

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Understanding Different Legal Structures

1. Sole Proprietorship

Advantages:

• Complete control over all decisions.
• Simple setup process with minimal legal formalities.
• Direct claim to all profits.

Disadvantages:

• Unlimited personal liability for business debts and obligations.
• Difficulty in raising capital from investors.
• Business continuity relies on the owner’s presence and involvement.

2. Partnership

Types of Partnerships:

• General Partnership: All partners share equal responsibility and liability, can make decisions on behalf of the business, and have unlimited personal liability for business debts.
• Limited Partnership: Consists of general partners who manage the business and bear unlimited liability, as well as limited partners who contribute capital but have limited liability.

3. Limited Liability Company (LLC)

• Personal Asset Protection: Members are not personally liable for the company’s debts or legal obligations.
• Tax Benefits: LLCs can choose how they wish to be taxed—either as a sole proprietorship, partnership, or corporation—potentially leading to tax savings.

4. Corporation

• C Corporations: Subject to double taxation—once at the corporate level and again on dividends to shareholders. No limit on the number of shareholders or type of investors.
• S Corporations: Income passes through to shareholders, avoiding double taxation. Limited to 100 shareholders, all of whom must be U.S. residents or citizens.

5. Cooperative

How Cooperatives Operate:

• Member-Owned: Members contribute to and control the business.
• Democratic Decision-Making: Each member usually has one vote, regardless of their investment in the cooperative.
• Profit Distribution: Profits are distributed among members based on their participation or usage of the cooperative’s services.

Benefits for Members:

• Shared Control: Members have a direct say in the business operations.
• Economic Participation: Members benefit financially from the cooperative’s success.
• Community Focused: Often, cooperatives aim to serve the needs of their members and community rather than maximizing profit.

Factors to Consider When Choosing a Legal Structure

1. Liability Protection

• Sole Proprietorship: The owner faces unlimited personal liability.
• LLC: Offers personal asset protection, shielding owners from business debts.
• Corporation: Protects shareholders from personal liability, making it a safer choice for riskier ventures.

2. Tax Implications

• Sole Proprietorship: Income is taxed as personal income.
• Partnership: Profits and losses pass through to individual partners.
• LLC: Can choose between being taxed as a sole proprietorship, partnership, or corporation.
• Corporation: C Corporations face double taxation, while S Corporations avoid this but have ownership restrictions.

3. Control Over Operations

• Sole Proprietorship: The owner has complete control.
• Partnership: Requires agreement among partners for decisions.
• Corporation: Decisions are made by a board of directors, which can limit individual control.

4. Administrative Complexity

• Sole Proprietorship and Partnerships: Easier and cheaper to set up.
• LLC and Corporations: Require more paperwork and adherence to regulatory requirements.

5. Future Growth Goals

• Sole Proprietorship and Partnerships: May struggle to raise capital.
• LLC and Corporations: Easier to attract investors and expand operations due to their structured frameworks.

Comparing Business Entities: Pros and Cons at a Glance

Sole Proprietorship

Partnership

Limited Liability Company (LLC)

Corporation

Cooperative

The Role of a St. Petersburg Business Attorney in Your Decision-Making Process

• Local Expertise: A St. Petersburg business attorney with local expertise specializes in the intricacies of business law within St. Petersburg, providing insights that go beyond generic advice.
• Navigating Regulations: They help you navigate local regulations, ensuring compliance and avoiding potential pitfalls. This can save you time and money.
• Personalized Guidance: Attorneys provide tailored advice based on your specific business needs, considering factors like liability protection, tax implications, and growth potential.

How Our Law Firm Can Support You Throughout This Journey

• Personalized solutions: We tailor our advice to align with your long-term business goals.
• Comprehensive services: From initial consultations to the final implementation, we guide you through each step.

• Detailed analysis of your business model
• Customized legal advice on entity selection
• Ongoing support as your business evolves, whether it’s during business closures and openings or navigating essential services activities and businesses in Pinellas County

Contact Us Today for Tailored Legal Guidance!

Why Choose Us?

• Proven Track Record: Our firm has a history of success in helping businesses navigate St. Petersburg’s competitive landscape.
• Dedication: We are committed to the long-term success of our clients, providing comprehensive legal support every step of the way.

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

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This honor is given to leaders who have shown strategic growth, innovation, and significant impact on their legal communities. Our firm agrees that Mr. McQuaid fits this definition.

Sean McQuaid

Sean McQuaid has been the Managing Partner and President of Battaglia, Ross, Dicus & McQuaid, P.A. for the past five years. Under his leadership, the firm has seen significant growth and modernization.

An alumnus of Princeton University, he pursued his law degree at Stetson University College of Law. This top-tier education laid a foundation for his successful legal career. His expertise, particularly in personal injury and criminal law, continues to be recognized both locally and nationally.

What It Means to Be a “Notable Managing Partner” for Florida Trend’s Legal Elite

The ideal candidate for recognition in Florida Trend’s Legal Elite’s “Notable Managing Partner” special edition has a good-standing status with the Florida Bar. They serve as a managing partner or equivalent, supervising a minimum of 10 professional staff members. They must have made significant contributions and impact in their field, mentor other attorneys, promote inclusivity, demonstrate leadership abilities in professional organizations, and engage in civic and community activities.

The Impactful Leadership Style of Sean McQuaid

Sean McQuaid stands out as an exceptional managing partner in providing a pleasant and stable working environment for the employees. In recent years, the firm has adapted due to employee expectations after Covid. Now, many employees are able to work remotely- many in other states or even outside of the United States. Our employees are trusted and empowered.

Mr. McQuaid has also had an impact beyond the law firm. He has taken an active role in the community. He has served on multiple boards in leadership positions, giving back to the community.

The success of Battaglia, Ross, Dicus & McQuaid, P.A. can be attributed to McQuaid’s approach to leadership. His style is characterized by:

1. Proactive decision-making
2. Strategic planning
3. Empowering his team

This method not only promotes growth but also fosters an environment of trust and respect among his team members.

“Effective leadership goes beyond achieving professional recognition. It’s about making a positive impact both within and outside the firm.”

Sean McQuaid’s inclusion in the Florida Trend/Legal Elite’s Notable Managing Partners List for 2024 is more than just an individual achievement; it represents the firm’s overall reputation and commitment to excellence. His leadership goes beyond managing staff—it shows how a dedicated leader can make a difference in a law firm. Battaglia, Ross, Dicus & McQuaid, P.A. is known for its legal expertise, because the firm is constantly adding legal talent. The best lawyers and staff want to work at our firm because of the environment that Mr. McQuaid has created.

To learn more about the firm, explore the services offered by Battaglia, Ross, Dicus & McQuaid, P.A. They have a long-standing commitment to the law and their clients, which leaders like Sean McQuaid consistently demonstrate.

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1. Work With a Pinellas County Personal Injury Lawyer

2. Remember Who They Work For

3. Don’t Admit Fault

4. Keep a Record of Everything

Get Your Adjuster Name

Record the Dates of the Call

Take Notes

5. Get Promises in Writing

6. Never Sign a Waiver or Release Without Expert Advice

Waivers

Medical Records

7. Share Essential Information Only

• Your full name
• Address
• Telephone number

• Information about your work
• Your schedule or hours worked
• Your income
• Your health history

8. Always Consider a Lawyer’s Opinion Before Accepting a Settlement Offer

9. The Importance of Evidence

• You weren’t at fault for the accident
• What the true cause of the car accident was
• The extent of your injuries
• The damages you’ve suffered
• The true cost of your injuries

Collect Evidence of Your Accident

• Take photos and videos of the accident scene, if possible (or ask for photos from anyone else who may have taken them).

File a Police Report

Gain Medical Evidence

• Take photos of your injuries, day by day.
• Obtain doctors’ and/or specialist notes and reports
• Keep all x-rays and any other medical evidence.
• Obtain and keep all receipts of medical bills and related expenses

10. Question You May Be Asked By Your Insurance Adjuster

• Who was responsible for the accident?
• What did you do before the accident, and during it?
• Where were you going to or coming from before the accident?
• How do you feel today?
• Did you get hurt?
• How bad are your injuries?
• Did you get medical treatment and when?
• Have you missed any time off work following the accident?
• Was your seatbelt working correctly?

Contact a Personal Injury Lawyer in Pinellas County, FL

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According to research, 78% of drivers have been involved in at least one car accident. Every driver will experience at least one accident and file an insurance claim, on average, about every 18 years. So, that means a driver who gets their license at 16 years old will have at least one accident by the time they are in their 30s. Most people experience a lifetime average of about 3 to four car accidents, but some have fewer, and others have more.

After sustaining injuries in an accident caused by someone else’s negligence, you need to understand your legal rights. You can recover fair compensation by educating yourself on your legal options and staying in the know about the claims process. A Florida car accident lawyer can help you get compensation for your losses and pain and suffering.

Hiring a lawyer can help you determine a fair amount for your injury claim value. Below are the steps you can take to ensure you get the most financial reimbursement for car accident damages.

Hire an Experienced Car Accident Lawyer

Perhaps the most reliable way to recover the most money after a car accident is by hiring an experienced attorney. Finding a good lawyer with experience, expertise, and a history of winning car accident cases is highly advantageous. They are familiar with negotiating with insurance companies and devising strategies to win against defense lawyers. Furthermore, they usually have the connections and resources to conduct a thorough investigation and gather supporting evidence for your case.

Most importantly, a good lawyer will consider their client’s best interests. That means they will fight to get the maximum compensation possible for their client’s physical, mental, emotional, and financial losses.

Many people worry they can’t afford a lawyer for their car accident case. However, most car accident lawyers and personal injury lawyers work based on a contingency fee. That means you don’t pay unless you win. Then, you will pay your attorney a percentage of your financial award.

Getting strong legal representation can mean all the difference for a successful case outcome. Read on to find out how your attorney will guide you through the legal process and set you on the right track for maximum compensation.

Gather As Much Evidence As You Can

Your attorney will want to gather evidence to help prove the other party was negligent. By proving they were negligent, you can establish liability and damages. You can do your part by gathering evidence before meeting with a lawyer.

Some basic information that can serve as evidence can be tremendously helpful to your case. Examples of evidence include:

• Contact information of all drivers involved in the accident
• Car details of all parties involved
  • Make and model
  • License plate number
• Insurance information for all drivers involved, including their policy numbers
• Pictures and videos of:
  • The accident scene
  • Damages to your car and other cars
  • The surrounding areas
  • Your injuries
  • Anyone else’s injuries from the accident
• Witness contact information
• Names and officer badge numbers of the responding officers

Once you leave the accident scene, be sure they get documentation or keep records for all the following:

• Medical bills and any medical-related documents
• Statements from insurance
• Repair expenses for car damage
• A copy of the official police report for the incident
• All expenses related to accident injuries (e.g., medication, assistive devices, mobility aids, home renovations for accessibility)
• Proof of missed work and how the value of your lost wages, usually through a letter from your employer

There’s no such thing as too much evidence. The more information you can gather, the better. Additionally, the sooner you gather evidence after the accident, the better.

Seek Immediate Medical Attention Without Delay

You’ll want to get medical attention right away after an accident. Sometimes people refuse medical attention at the accident scene because they don’t feel any pain. However, the adrenaline after a crash can often mask pain. Or, certain injuries take time to show up and can have a delayed onset of symptoms.

When you leave the accident scene, getting a medical examination will ensure you identify and treat any injuries immediately. That will prevent further damage and serve as medical documentation as evidence.

If a first responder at the accident scene recommends taking an ambulance for your injuries, it’s best to follow their professional opinion. As a general rule, you shouldn’t wait longer than one day after the accident to see your physician. But, if that’s not possible, get an appointment as soon as you can.

Getting immediate medical care will show the connection between the accident and your injuries. If you wait too long to get treatment, insurance companies might claim that your injuries are not that serious or that you didn’t take them seriously enough to get prompt medical attention. As such, getting medical care right away will help you get the most money from your accident claim.

Stay Put And Contact Your Insurance Provider to Notify Them of the Accident

In most states, including Florida, you are legally obligated to stay at the accident scene until the police arrive. In addition, if anyone was injured or killed in the accident, you are legally obliged to report it to the police.

After you speak to the police and leave the accident scene, you should report the accident to your insurance company. Most insurance providers require you to notify them within a certain time. Failing to do so could mean the company rejects your claim. Again, your attorney can help you check your policy’s specific guidelines.

And remember, when you speak to the insurance company, don’t apologize or say anything that could be mistaken for an acceptance of fault. For example, refrain from saying anything like “I should have seen them coming” or “they came out of nowhere.” Instead, just stick to the facts of the incident.

Stay Away From Social Media During Your Claims Process

While it’s understandable to want to vent or express frustration about the accident, it’s best not to do it on a social media platform. In fact, you shouldn’t share anything about your personal life or any details about your case online. Why? Because insurance companies and defense attorneys sometimes try to use your words against you.

For example, if you share a post about going camping a few days after the accident, they might assert that you were not injured. Or at least not enough to hold you back from engaging in an outdoor, physical activity like camping. If you post a picture of yourself smiling and hiking, they will use those to say your injuries aren’t as serious as you claim.

If you want to get the most money from your accident claim, don’t inadvertently jeopardize your claim through social media. Insurance companies are profit-driven businesses looking for any way to pay you the minimum amount they can.

Don’t Accept Any Settlement Offers Until After You Speak With an Attorney

Be sure to speak with your attorney before you accept any offers. Sadly, accident victims sometimes settle for less than what they deserve. For example, they might think an initial offer seems fair because it’s a relatively large amount of money compared to what they are used to getting paid at once. But that doesn’t mean it’s a fair amount or what you deserve.

Many injury victims don’t know their claims’ full or fair value. That’s why a legal professional can help you determine a fair value and seek that amount. Unfortunately, insurance companies often use a tactic to contact injury victims immediately after the incident (usually within 48 hours). This is done intentionally, so you don’t have time to think or consult with an attorney. Moreover, their initial offer is usually a lowball offer.

Likewise, don’t negotiate with the at-fault driver. Sometimes the at-fault driver will try to offer you an under-the-table settlement to keep insurance companies out of the picture. That’s because they want to avoid increased premiums and accidents on their record. However, if the other driver offers you cash, it’s best not to take the offer. It’s likely less than what you could win through a fair injury claim. You could even be left with nothing if you accept an offer that’s too low and experience delayed injuries, symptoms, and medical expenses down the line.

Be Patient

Most car accident injury victims can settle their cases out of court. But sometimes, it’s necessary to go to trial. Even if you don’t need to go to court, reaching a fair or reasonable settlement can take a while.

Your Florida car accident attorney needs to build a case to paint a picture of what happened and how the accident has affected your life. Their work and time are all an investment in increasing the value of your accident claim.

Even if the process gets dragged out or takes longer than you’d hoped, stick with it. With patience and perseverance, you could find yourself getting a big payout. A fair settlement or financial award doesn’t come about overnight. It requires multiple rounds of negotiation and sometimes taking the case to trial, which requires preparation.

Don’t Settle For Anything Less Than You Deserve

Winning a fair settlement or a successful verdict will take time. And ultimately, your claim is under your control. An attorney will simply advise you from a professional legal standpoint. However, the final decision is ultimately yours.

It can be hard to wait while you are waiting for damage compensation and healing from accident-related injuries. But, as the saying goes, “patience is a virtue.” By staying patient and letting your attorney handle negotiations, you have a better chance of recovering the most money from your accident claim. The highest settlement offers usually materialize after multiple negotiation rounds or a full court hearing. So, be patient and focus on recovering and healing while your lawyer handles your complex legal issues.

Contact A Florida Car Accident Attorney Today

If you sustained injuries in a car accident caused by someone else’s negligence, you deserve help. Our legal team is here to answer all your questions and ensure you get the most money possible from your car accident claim.

Contact us today for your free initial consultation and to learn more about your legal options.

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The answer lies in the circumstances of your claim, but here’s our underlying message:

Insurance companies are for-profit companies that will do everything possible to minimize their outgoing costs. Florida is facing losses of up to $47 billion, so they may try to manipulate, deny and undervalue their customers.

Here are the ten key signs that it’s time to hire a Hurricane Ian claims lawyer:

When It’s Time to Hire a Hurricane Ian Claims Attorney

1. Distinguishing between Flood Losses and Homeowners Insurance Losses

Your homeowner’s insurance and flood insurance may be disputing the type of damage to either undervalue your claim or deny it entirely. This happens when there is both a flood loss and a homeowners insurance loss. Homeowners insurance carriers will look to place any and all blame on the flood loss attempting to reduce the amount to be paid by the Homeowners insurance carrier.

Our Hurricane Ian claims lawyers will work with you to prove what caused the water damage, wind damage, and flood damage to ensure you get the full benefit of the available insurance coverages.

Read Related: What’s the Difference Between Water Damage & Flood Damage?

2. If Your Claim Has Been Denied

Call a Hurricane Ian claims lawyer fast if your insurance claim has been denied.

There are very few reasons why your claim should be denied entirely, yet insurance companies try it in the hope that their customers will accept it and move on.

In some cases, denials are unjust and can even be in bad faith. Our hurricane Ian claims attorneys can reopen your case and prove that you are entitled to compensation to repair or rebuild your home.

3. If You’re Asked to Sign a Release

If your insurance company asks you to sign a release soon after the storm (or if you still have unresolved damage), then alarm bells should be ringing. Call an attorney so they can review the proposed release.

Just because the storm has passed doesn’t mean the damage has. Hurricane damage can worsen over time, due to weakened foundations, structural damage and more.

A release may be a trick to lure you into limiting how much the insurer owes you.

4. Your Claim Has Been Undervalued

Call a Hurricane Ian claims lawyer fast if your insurance company fails to provide coverage for the entire loss.

It’s not uncommon for insurance companies to cut corners on their estimates to minimize their outgoing cost. But in reality, you will be left to pay out-of-pocket for the remaining repairs and replacements.

An attorney can reveal the true value and scope of the loss by using contractors, engineers and other professionals that specialize in dealing with insurance claims.

Read Related: 10 Signs That Your Insurer Undervalued Your Property Damage Claim

5. Negotiations Are At a Stand-Still

The mere presence of an attorney can help get negotiations moving in the right direction, as the insurance company knows there’s no point messing you around anymore.

6. You’ve Been Told You Don’t Have Coverage or About ‘Loop-Holes’

It’s very easy for an insurance company to overcomplicate things. They know that many customers will accept the idea of mysterious ‘loopholes’ and policy fine print. Don’t fall for this.

If you contact our Hurricane Ian claims lawyers, we’ll review your policy and take action if the insurance company’s claims are baseless.

Common Examples:

• The adjuster says you’re only entitled to the ‘Actual Cash Value’, but really you should be reimbursed for Replacement Cost.
• Adjusters say detached buildings are not covered when your policy says they are.

7. You’ve Been Delayed or ‘Ghosted’

Contact a Hurricane Ian lawyer if your insurance carrier may be acting in bad faith.

If your insurance company is not responding or has failed to meet the deadlines, then they must pay your claims. They may also be required to pay penalties and attorney fees if they are found to have acted in bad faith..

8. You’re Advised Not to Use an Attorney

Red flag! You always have the right to use an attorney in a property damage claim. If you’re told otherwise, it means the insurer is trying to hide or get away with something. They cannot and will not penalize you for using an attorney. If that happens to you, think of doing the opposite, fast!

9. You’ve Been Pushed to Admit Fault

Insurance companies may try to trick homeowners into admitting fault to avoid paying out.

You might be asked to admit that you left a door or window open, or that you didn’t realize the damage existed long in advance. Most likely, this isn’t true.

We know navigating the claims process is challenging, but don’t give in. Contact a Hurricane Ian claims attorney so they can handle the claim on your behalf.

10. You’re Bullied or Manipulated

Finally, if your insurer is pressuring you, emotionally bullying you or using any other tricks, then call a property damage lawyer as soon as possible.

Don’t feel like you’re overreacting. We understand what you’re going through. This is your home on the line, and you deserve the maximum possible settlement.

Signs That You Don’t Need a Property Damage Lawyer Yet

Alternatively, there may be signs that you don’t need to pick up the phone just yet.

• They’re sending new adjusters or specialists to review your property.
• They’re replying swiftly and treating you with respect.
• They explain everything clearly.
• They’re not pressuring you.
• They’re not undervaluing or denying your claim.
• You understand and feel confident in the claims process.

Contact a Hurricane Ian Insurance Claim Lawyer Today

Free Consultations!

If you need to make or dispute a Hurricane Ian insurance claim, our Florida property damage attorneys can help.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help navigate hurricane insurance disputes.

Regardless of your situation, you can receive a free consultation today.

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Congratulations to Caitlin C. Szematowicz, Andrew R. Pardun, Aubrey O. Dicus, Jr., Bruce Marger, Howard P. Ross, Jonathon Douglas, Robert Kapusta, Jr., and Sean K. McQuaid for being recognized among The Best Lawyers in America®.

Each attorney has been chosen for professional excellence in the 2023 edition of The Best Lawyers in America® for work in specialized areas. Earning this title is one of the highest honors an attorney can earn.

The Best Lawyers in America®, “The Best at What We Do”

Best Lawyers is a company founded on the principle that “the best lawyers know who the best lawyers are.” They have broadcasted respected peer-review publications in the legal field for over four decades.

To be recognized by Best Lawyers is one of the most highly esteemed and widely regarded titles by clients and professionals in the legal community. The publications of Best Lawyers are known for their reliable and unbiased legal recommendations.

They compile a list of the most outstanding lawyers through a rigorous peer-review survey process, which includes tens of thousands of confidential evaluations from lawyers—only the top lawyers who receive enough votes and approval of Best Lawyers to earn this acclaimed title.

Furthermore, Best Lawyers in America® is a company proudly committed to diversity, equity, and inclusion. They actively focus on creating and running a company that advocates for cultural programs and diversity.

Howard P. Ross

Howard P. Ross is recognized in the 2023 edition of Best Lawyers for his practice in Corporate Law, Mergers and Acquisitions Litigation, Commercial Litigation, and Commercial Transactions / UCC Law. He has also been recognized as “Lawyer of the Year” for his work in Corporate Law.

Howard is a respected member of the Florida Bar, with over 50 years of membership. In addition, he’s a member of the American Bar Association.

Howard is a legal expert dedicated to professional excellence in Business Litigation and Civil Litigation. He’s devoted his career to a broad range of business litigation and business transaction law, including:

• Business Structures
• Business Disputes
• Contracts and Other Agreements
• Real Estate Matters
• Commercial Title Insurance
• Residential Title Insurance

Thanks to Howard’s extensive experience, he can quickly and effectively analyze complex litigation and transactional/relationship matters. Another unique strength is his ability to determine the course of action that is in the client’s best interests. He is known for his strategic work in the transactional/relationship area because he is sensitive to preventive law measures. With his understanding of planning and avoiding future disputes, he can create resolutions and make future disputes less difficult and stressful.

Howard is Board Certified in Business Litigation Law and in Civil Trial Law. In addition, Howard is a former arbitrator and former member of the American Arbitration Association’s National Commercial Roster of Neutrals. Howard is a member of The Large, Complex Commercial Case Panel and the M&A and Joint Venture Panel.

In addition to achieving the Best Lawyers in America Award, Howard is recognized as a Florida Super Lawyer, has a Martindale-Hubbell AV Preeminent rating, and is a Recipient of the Albert Nelson Marquis Lifetime Achievement Award. He’s also achieved the following awards: Martindale-Hubbell Top Rated Lawyer in Real Estate Law, Lawyers of Distinction, America’s Most Honored Professionals, and has an AVVO 10 rating.

Sean K. McQuaid

Sean K. McQuaid is recognized in the 2023 edition of Best Lawyers for his practice of Plaintiff’s Personal Injury Litigation.

Sean McQuaid is currently the President of Battaglia, Ross, Dicus & McQuaid, P.A. He practices personal injury, car accidents, motorcycle accidents, truck accidents, wrongful death, and criminal law.

Sean was also the President of the St. Petersburg Bar Association for 2020-2021.

Since joining the firm in 2000, he has been the fastest rising lawyer in the firm’s history. Sean joined the firm as an associate in 2000, became a shareholder in 2006, and became a named partner in 2013. Now, he is the President of the firm.

His personal injury practice is one of the top in the Tampa Bay area. He consistently receives 5-star reviews from satisfied clients who speak highly of his work.

Sean is a member of the Florida Bar, the Bar of the Federal District Court for the Middle District of Florida, the St.Petersburg Bar Association, the Clearwater Bar Association, the National Association of Criminal Defense Attorneys, the Pinellas Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers and various other legal associations.

Sean began his legal studies at Stetson University College of Law in 1997, graduating with his Juris Doctor and Masters in Business Administration degrees. During law school, he was a member of the Moot Court Board and competed across the country.

Sean also attended Princeton University from 1993-1997, where he was a 4-year varsity letterman and captain of the Princeton University Baseball Team.

Sean’s diverse experiences as a leader and an athlete contribute to his straightforward and competitive approach to practicing law. He is committed to excellence and determined to win.

Aubrey O. Dicus, Jr.

Aubrey O. Dicus, Jr. is recognized in the 2023 edition of Best Lawyers for his practice in Commercial Litigation, White-Collar Criminal Defense, Defendants Personal Injury Litigation, and Plaintiffs Personal Injury Litigation. He is the former President of Battaglia, Ross, Dicus & McQuaid, P.A.

Aubrey graduated from Emory University with a degree in Economics and attended Stetson Law School from 1971-1974. Afterward, he partnered with Anthony S. Battaglia and Howard P. Ross.

His almost 50 years of litigation experience has involved everything from personal injury and criminal defense to civil and commercial litigation. Aubrey has represented clients and won multi-million dollar claims. In addition, he’s represented government agencies, including the Pinellas County Sheriff’s Department.

Best Lawyers in America is just one of many accolades Aubrey has earned. He’s also been a Florida Super Lawyer for several years and maintains a Martindale-Hubbell AV preeminent highest rating.

In addition to his myriad of awards and honors, he is highly respected for his involvement and commitment to the local legal community. He is a previous President of the St. Petersburg Bar Association and former President of the Pinellas County Criminal Defense Lawyers’ Association. He also served as a founding member of the Board of Directors of the Florida Association of Criminal Defense Lawyers.

Aubrey also served as the Master of the Bench with the American Inns of Court, Pinellas County Chapter, and Barney Masterson Inn of Court. Furthermore, he received “The Barney” for his professionalism, civility, ethics, and legal excellence.

Aubrey is dedicated not only to serving in the legal field but to his local community as well. In addition to all of his professional and community legal services, Aubrey also has:

• served on the Stetson Law School Advisory Council
• served as President of the Stetson Alumni Association
• been Member of the Tampa Bay Chamber of Commerce
• Was appointed as the Governor’s Representative on the Community Development Corporation, Neighborhood Housing Services, Inc.
• served on the Pinellas Emergency Mental Health Services Advisory Board and Finance Committee

Jonathon Douglas

Jonathon Douglas is recognized in the 2023 edition of Best Lawyers for his practice in Insurance Law, Insurance Litigation, and Plaintiff’s Personal Injury Litigation.

Jonathon prioritizes fighting for the rights of his clients. He’s distinguished for his compassionate approach to all his clients and knows their recovery and well-being are paramount.

Jonathon attended the University of Florida, earning his BA and BS, both with honors. He then went on to attend Stetson University College of Law. There, Jonathon learned and practiced the art of trial advocacy. He also clerked for the Honorable Shawn Crane and interned at the State Attorney’s Office and Public Defender’s Office during his time at Stetson.

Following his graduation, Jonathan went on to work as Assistant Public Defender for the Sixth Judicial Circuit. Then he moved on to defending the rights of the accused in State and Federal Courts as an associate with the Hebert Law Group. From there, he worked as a Civil Trial Litigator and partner with Goodis, Thompson & Miller representing some of the largest insurers in Florida.

Jonathon uses his inside knowledge of insurance practices to help policyholders hold insurance companies accountable. He knows how to win a successful insurance claim.

Caitlin Szematowicz

Caitlin Szematowicz is a Partner at Battaglia, Ross, Dicus & McQuaid, P.A. She has been practicing Civil & Commercial Litigation, Appeals, and Employment Law with the firm since August 2012.

She is not only distinguished for her professional excellence but also known for her active involvement in the legal community. The Best Lawyers in America® is just one of Caitlin’s many accolades. She has also been recognized as a “Rising Star” Florida Super Lawyer for five consecutive years (2018-2022) and was named Florida Trend Legal Elite in 2022.

While she dedicates her career work to the service of others, Caitlin has successfully built an impressive extracurricular portfolio involving numerous leadership positions. She currently serves as the Past President of the Barney Masterson American Inn of Court. In addition, Caitlin has previously served as the President of the St. Petersburg Bar Foundation and Past President of the Pinellas County Trial Lawyers Association. She was also a member of the Board of Trustees for the St. Petersburg Bar Foundation for six years.

Caitlin has served on the St. Petersburg Bar Foundation’s annual professionalism seminar committee and is appointed to the Sixth Judicial Circuit’s Professionalism Committee. She was also selected twice as a speaker for the Florida Bar Practicing with Professionalism CLE.

Her peers chose her as a recipient of the Barney Masterson American Inn of Court’s Thomas E. Penick, Jr. “The Rock” Award for her exceptional service to the community.

Caitlin graduated Magna Cum Laude from the University of Florida Levin College of Law in May 2012. Before that, she graduated Cum Laude from the University of Tampa’s Honors Program in 2008.

Caitlin graduated from law school with Pro Bono and Criminal Justice certificates. She was also a notable research associate with the Florida Innocence Commission, contributing significant research work. As such, she was recognized for her outstanding research contributions to the Florida Innocence Commission’s Final Report to the Supreme Court of Florida.

During her school years, she worked as an appellate law clerk for a firm in Washington, DC. She also was an extern at the US Attorney’s Office and a Certified Legal Intern at the State Attorney’s Office.

Andrew R. Pardun

Andrew R. Pardun was recognized in the 2023 edition of Best Lawyers for Real Estate Law.

He is currently a partner with the firm. He specializes in the following areas: Commercial & Residential Title Insurance, Commercial and Residential Real Estate Closings, and Business Law.

Andrew received his Juris Doctorate Degree at Stetson University College of Law and his MBA with honors. He completed his MBA with a perfect 4.0 GPA and was a member of the Beta Gamma Sigma Business Honors Society.

In addition, Andrew completed his Master of Laws Degree in Taxation at Villanova University. Before that, he attended the University of South Florida for his undergraduate studies, majoring in Finance. He also served as the President of the Sigma Chi Fraternity and Vice President of the Interfraternity Council.

Andrew’s has been recognized him in the legal community with a perfect 10/10 ranking from AVVO. He’s also a Super Lawyer’s Rising Star, one of the most distinct honors available to Florida attorneys.

Andrew is comfortable in leadership positions and has continuously held them throughout his life. After college, Andrew gained experience working in the financial services industry and co-owned a real estate investment firm in Tampa.

Andrew is the current Treasurer of the St. Petersburg Bar Association. He has also served as the Chairman of the Real Property Section of the St. Petersburg Bar Association.

Mayor Rick Kriseman recently appointed Andrew to the City of St. Petersburg’s Nuisance Abatement Board. He is also an active member of the Attorneys’ Title Fund, Pinellas Realtors Organization, and The Barney Masterson’s American Inn of Court.

Bruce Marger

Bruce Marger is recognized in the 2023 edition of Best Lawyers for his practice in Litigation and Practice in Trusts and Estates.

Bruce is also experienced and practices in the following fields: estate planning, estate and gift tax planning, income tax planning for estates and trusts, probate and trust administration, and real property law, as well as probate and trust litigation and planning related to qualified plan/IRA distributions.

After graduating from Miami Senior High, he completed his higher education studies at the University of North Carolina and Harvard Law School. Bruce double-majored in Political Science and Accounting. While at UNC, he was also chair of the Debate Council and a member of Phi Beta Kappa and Beta Gamma Sigma. Then, while at Harvard, he concentrated his studies on tax and estate planning.

He is currently an active member of the Florida Bar. In addition, he serves as Chair of the Judicial Poll Committee and Chair of the Real property, Probate, and Trust Law Section. He also contributed to developing the board certification in Wills, Trust and Estates law. Furthermore, Bruce is a Fellow of the American College of Trust and Estate Counsel (ACTEC).

A respected veteran, Bruce served in the US Air Force and Air Force Reserves for 15 years before practicing law. He earned a rank as a Major before leaving the service to practice law full-time. He is married to his college sweetheart, Mary Ann, and they have three children.

Robert Kapusta, Jr.

Robert Kapusta, Jr. is recognized in the 2023 edition of Best Lawyers for his practice in Real Estate Law.

Robert’s expertise in Real Estate Law is varied and extensive; he practices in the following areas: Mergers and Acquisitions, Tax and Estate Planning, and Business and Corporate Law.

Prior to practicing with Battaglia, Ross, Dicus & McQuaid, P.A., Robert practiced with Fisher & Sauls. He received his Bachelor’s degree from Cornell University, Juris Doctor degree from Stetson University College of Law, and Master of Laws (LLM) degree in taxation from the University of Florida College of Law.

Robert is also a Certified Public Accountant and is admitted to practice in all Florida courts.

While not practicing law, Robert volunteers his time and talents to local community organizations. He is passionate about helping local businesses grow. As such, he also helps foster the growth of economic vitality, arts education and appreciation, and capital school improvements.

Additionally, Robert dedicates himself to expanding educational programming opportunities in St. Petersburg. He does so through various leadership positions and civic activities. Aside from his awards as an outstanding legal professional, he’s also won the following awards:

• H. Bernice (“Bernie”) Lodge Lay Person of the Year Award for 2008-2009 from the St. Petersburg Kiwanis Club
• “Hero Among Us” award in 2015 from the St. Petersburg Bar Foundation in recognition of his tireless community service

Elite Attorneys, Helping Clients in Need

The firm would like to congratulate all 8 attorneys on achieving The Best Lawyers in America® award. This would not have been without such wonderful and loyal clients. The goal of each of our lawyers is to put the client’s best interest first.

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So, while the short answer is simple – hire a lawyer with trial experience – it becomes a bit more complicated from there. Typically, there are two types of trials one may confront in litigation: a jury trial or a nonjury trial. The difference is significant. Since almost all personal injury claims are tried by a jury trial, you want a lawyer with not only trial experience but jury trial experience.

Only a small percentage of lawyers in Florida actually litigate cases and among those, even a smaller percentage actually have gone to trial; interestingly, even a smaller percentage of those have actually been in a jury trial on a personal injury claim. The vast majority of personal injury cases settle without having to file a lawsuit. Of those cases where a lawsuit is filed most are settled without a trial. Government statistics show that less than 5% of personal injury cases that are actually filed go to trial, which means it is likely that substantially less than 1% of personal injury claims are resolved by a jury trial. So, the population of lawyers with actual jury trial experience is limited.

You should exercise appropriate due diligence in selecting your lawyer with jury trial experience. Following are some of the factors you should consider:

1. The lawyer’s amount of jury trial experience.

Obviously, a reasonable degree of experience with jury trials is important. Trial lawyers with just a few cases of jury trial experience usually have a lot more to learn. Beware, because quantifying the quality of your lawyer based on how many cases he or she may try in a given year can be misleading. Because so few cases actually go before a jury, it may be that a seasoned trial lawyer, especially a well-known one, may try less than one jury trial in a year’s time, but overall have substantial jury trial experience.

2. The quality of the lawyer’s jury trial results.

This can also be tricky because often cases actually go to trial because the case has inherent problems. For example, is “who’s at fault” an issue, is it a low impact case which creates causation issues, or does it involve a client that already had significant injury problems. Nonetheless, it will be important to know that the lawyer has had good results.

3. The lawyer’s reputation in the community.

Whether your lawyer has a good reputation among the judges and other lawyers in the community is important. It can often make a difference in courtroom results. It can also make a difference in settlement values if it is known by defense lawyers and insurance companies that your lawyer does file and go to trial, unlike the many lawyers who don’t.

4. The lawyer’s personality and people skills.

This may be difficult to assess in an initial interview which will likely be all you have before making a decision. Nonetheless, you should look at this factor in your interview. Again, the lawyer’s reputation in the community would also be a factor to consider.

Considerations related to hiring a lawyer is quite an involved topic and beyond the scope of this article. So, let me conclude with the strong recommendation that for your injury claim you should definitely hire a lawyer with jury trial experience and your vetting process should, at least, include the considerations mentioned above.

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