Topics relating to Lawsuit | St. Petersburg, FL

How to Protect Your Business from Employee Lawsuits in Florida

Caitlin Szematowicz — Tue, 15 Apr 2025 20:23:03 +0000

As Florida business attorneys with decades of experience, we’ve seen how quickly an employee lawsuit can disrupt even the best-run company. It only takes one dispute to trigger costly litigation, drain resources, and harm your reputation.

But with the right precautions in place, you can reduce your risk—and focus on growing your business with confidence.

In this guide, we’ll walk you through the most common types of employee lawsuits, preventive steps you can take, and how a trusted Florida business attorney can make all the difference.

Understanding Employee Lawsuits

Employee lawsuits can arise from a wide range of workplace issues. Some stem from unintentional errors or misunderstandings, while others result from more serious compliance failures.

The most common types of employee claims include:

Discrimination – Claims based on race, gender, religion, age, disability, or other protected characteristics.
Harassment – Allegations of inappropriate conduct or hostile work environments.
Wrongful Termination – Firing an employee in violation of employment laws, contracts, or public policy.
Retaliation – Punishing an employee for reporting violations or participating in investigations.
Wage and Hour Disputes – Issues involving unpaid wages, overtime, or employee misclassification.

Each of these claims can lead to investigations, legal fees, and damage to your brand—even if the claims aren’t valid.

Implement Clear Employment Policies

First, a solid foundation begins with clear, legally compliant employment policies. These policies help prevent issues before they arise and show that your business takes compliance seriously.

Your employee handbook should include:

Anti-Discrimination and Harassment Policies – Outline what behaviors are unacceptable and how employees can report problems.
Disciplinary Procedures – Explain how violations will be handled and what employees can expect.
Wage and Hour Policies – Clarify timekeeping, breaks, overtime, and payment schedules.
Social Media and Privacy Guidelines – Define expectations regarding online conduct and confidentiality.

Make sure to regularly review and update your policies to stay in line with Florida and federal laws.

Provide Regular Employee Training

Even the best-written policy won’t protect your business if no one follows it. That’s where training comes in.

At a minimum, schedule regular training sessions on:

Workplace Conduct and Ethics – Reinforce the importance of respectful and inclusive behavior.
Compliance with Labor Laws – Educate staff and managers about wage, hour, and safety regulations.
Anti-Harassment Protocols – Make sure everyone understands what constitutes harassment and how to report it.

Not only does this foster a better work environment, but it also creates a record showing your business is proactive in preventing misconduct.

Maintain Accurate Employee Records

Proper documentation can make or break your case if you ever face a lawsuit.

Keep clear records of:

Employee Performance Reviews – Regular evaluations help justify promotions, raises, or disciplinary actions.
Disciplinary Actions – Document violations, warnings, and resolutions in detail.
Training Attendance – Track who attended each session and what was covered.

Accurate records help your Florida business attorney provide a legal defense and show that you treated employees fairly and consistently.

Use Fair and Transparent Hiring and Firing Processes

Hiring and firing are among the most legally sensitive areas for any employer. Mistakes here often lead to claims.

Best practices include:

Creating Clear Job Descriptions – List essential duties, qualifications, and expectations.
Using Consistent Interview Questions – Avoid asking anything that could be interpreted as discriminatory.
Following Documented Termination Procedures – Always explain the reason for dismissal and retain proof of performance issues when applicable.

Even when letting someone go, treat them with dignity and professionalism. It goes a long way in avoiding disputes.

Consider Employment Practices Liability Insurance (EPLI)

Sometimes, even when you do everything right, lawsuits happen. Employment Practices Liability Insurance (EPLI) provides a financial safety net.

This insurance typically covers:

Legal fees and court costs
Settlements and judgments
Certain employee-related claims (e.g., wrongful termination, harassment)

Although it doesn’t prevent lawsuits, it helps your business survive them. Learn more about EPLI coverage here.

Foster a Culture of Compliance and Communication

One of the most powerful ways to protect your business from employee lawsuits is to build a culture of trust, transparency, and accountability. When employees feel respected and heard, they’re less likely to take legal action—and more likely to stay engaged and loyal.

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida business attorneys have seen firsthand how proactive communication can prevent legal disputes before they begin.

Why Company Culture Matters

Courts often look at how a company handles internal concerns. If you’ve fostered a healthy work environment with clear procedures for addressing complaints, it shows good faith—even if something does go wrong.

Here’s how to create a workplace culture that supports legal compliance and employee satisfaction:

1. Train Your Managers Thoroughly

Your leadership team sets the tone. Ensure all managers are trained on employment laws, company policies, and how to respond to issues like harassment, discrimination, and wage disputes. When managers know the rules, they’re less likely to violate them—and more likely to catch problems early.

2. Encourage Open Communication

Employees should feel safe raising concerns without fear of retaliation. Make it clear that you welcome feedback and are committed to resolving workplace issues quickly and fairly.

Open-Door Policy: Let employees know they can come to you or HR at any time.
Anonymous Reporting Tools: Offer hotlines or digital forms for private submissions.
Exit Interviews: Use these to gather honest feedback and identify systemic issues.

3. Respond Quickly to Complaints

Don’t ignore warning signs. Investigate any complaint—no matter how small—with seriousness and objectivity. Document each step, including interviews, findings, and outcomes. This paper trail can become critical if the issue ever escalates.

4. Lead by Example

Workplace culture starts at the top. Owners and executives should model fairness, accountability, and respect in every interaction. When leadership consistently follows policies, others will too.

5. Keep Conversations Flowing

Regular one-on-one check-ins give employees a chance to share concerns before they turn into formal complaints. These meetings also build trust and open lines of communication.

Conduct Regular Internal Audits

Audits help uncover risks before they become liabilities. They also demonstrate due diligence if you’re ever investigated.

Focus your audits on:

Wage and Hour Compliance – Ensure proper classification of exempt and non-exempt workers.
Benefits Administration – Confirm health insurance and leave policies comply with legal standards.
Safety and OSHA Compliance – Address workplace hazards and ensure safety protocols are followed.

Document your audits and take corrective action quickly if you identify issues.

Use Legal Agreements When Necessary

Contracts can help manage expectations and limit legal exposure. Some examples include:

Employment Contracts – Outline terms clearly for executive or long-term employees.
Non-Disclosure Agreements (NDAs) – Protect your proprietary information.
Non-Compete Agreements – Set clear limitations (where enforceable) on post-employment competition that follow Florida’s regulations.

However, these agreements must comply with Florida law. A Florida business attorney can draft enforceable documents tailored to your needs.

What to Do If You’re Already Facing a Lawsuit

Even the most careful business owners can find themselves served with a lawsuit. If you’re already facing one, don’t panic—but don’t delay either. Acting quickly can help protect your business and reduce long-term risks.

Step 1: Contact a Florida Business Attorney Immediately

Time is critical. You’ll need to respond to the lawsuit within a specific deadline, which can be as short as 20 days. Failing to respond could result in a default judgment against your business.

An experienced attorney will:

Review the complaint and explain the claims
Draft and file a proper legal response
Help you understand your options for settlement or defense
Represent you in court, if necessary

Step 2: Preserve All Relevant Documents

Don’t throw anything away. Gather and secure any records that relate to the lawsuit—emails, contracts, employee files, and even text messages. This is known as a “litigation hold,” and it ensures you don’t accidentally destroy evidence that could help your case.

Step 3: Limit Internal Discussions

It’s natural to want to talk to your team about what happened. But be cautious. Limit conversations about the lawsuit to your Florida business attorney and any staff members directly involved. Anything said or written could be used in court.

Step 4: Stay Professional

Avoid venting on social media or responding emotionally. Judges and opposing counsel can use public statements against you. Keep your communications professional and focused on facts.

Step 5: Explore Settlement Options

Not all lawsuits need to go to trial. Your Florida business attorney may recommend negotiating a settlement. This can save you time, money, and stress. A strong legal team knows how to evaluate the risks and benefits of settling vs. fighting.

Why Expert Guidance from a Florida Business Attorney Matters

Let’s face it: Employment law is complex. Mistakes can be costly, and Google won’t give you legal protection.

Partnering with a Florida business attorney gives you:

Proactive Legal Risk Assessments – We help identify potential liabilities before they turn into lawsuits.
Custom Employee Handbooks – Our Florida business attorneys tailor policies to your business, industry, and workforce.
On-Demand Legal Advice – Whether you’re hiring, firing, or handling a complaint, we’re here to guide you.
Defense Against Claims – If an employee sues, we’ll represent you and work toward the best resolution.
Contract Review and Drafting – Make sure your employment contracts, NDAs, and policies are enforceable.

We don’t just offer legal advice—we offer peace of mind.

When you work with Battaglia, Ross, Dicus & McQuaid, P.A., you gain a long-term legal partner who understands your business goals and helps protect what you’ve built.

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

Running a business in Florida comes with enough challenges—navigating complex employment laws shouldn’t be one of them. At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida business attorneys have been trusted advisors to companies of all sizes since 1958. Whether you’re launching a new venture or managing a growing workforce, we’re here to help you operate with confidence and avoid legal pitfalls.

We’ve guided businesses across St. Petersburg, Tampa Bay, and beyond through everything from employee disputes to compliance audits. Our team doesn’t offer one-size-fits-all solutions—we tailor our advice to fit your goals and risks.

Why Florida business owners trust us:

Over 65 years of proven legal excellence
AV-rated, award-winning Florida business attorneys
Comprehensive business law services under one roof
Prompt, personal service when you need it most
Strategic guidance to prevent problems before they start

If you’re ready to protect your company and focus on what you do best, let’s talk. Schedule your free consultation today—we’ll help you build your business on a strong legal foundation.

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How to Reduce a Felony to a Misdemeanor in Florida

Alec Waid — Tue, 15 Oct 2024 21:19:48 +0000

Facing a felony charge in Florida can be overwhelming and intimidating, but it doesn’t have to mean the end of your opportunities. There are ways to reduce a felony to a misdemeanor, which can greatly reduce the penalties you might face and improve your prospects for the future. This process is not easy, but with strategic legal action and the support of an experienced Florida criminal defense attorney, it is possible.

Reducing a felony to a misdemeanor in Florida involves various legal processes, from plea bargaining and pre-trial intervention programs to post-conviction relief. This article will explain each of these methods, the factors that influence your eligibility, and how you can take proactive steps to improve your chances of obtaining a reduction. If you or a loved one is facing felony charges, read on to learn how a skilled Florida criminal defense attorney can guide you through this challenging situation and help protect your future.

Understanding Felony and Misdemeanor Classifications in Florida

To effectively navigate the criminal justice system and explore the possibility of reducing a felony to a misdemeanor, it’s important to understand the distinction between the two classifications. Felonies are serious criminal offenses that typically result in severe penalties such as long-term imprisonment, hefty fines, and extensive probation. Examples of felony charges include aggravated assault, drug trafficking, and burglary.

Misdemeanors, by contrast, are considered less severe and often carry lighter penalties. These might include shorter jail sentences, probation, or community service. Misdemeanor charges are often associated with less serious offenses, such as petty theft, simple assault, or minor drug possession. Reducing a felony to a misdemeanor is a legal strategy that can help lessen the consequences associated with a conviction.

Why Reducing a Felony to a Misdemeanor Is Important

The benefits of reducing a felony to a misdemeanor are significant:

Lighter Sentencing: Misdemeanors typically carry shorter sentences, lower fines, and reduced probationary terms compared to felonies.
Better Employment Opportunities: Many employers are hesitant to hire individuals with a felony on their record, making it difficult to secure stable employment. With a misdemeanor, you can have a better chance of finding a job and rebuilding your life.
Retention of Civil Rights: A felony conviction can result in the loss of certain civil rights, such as the right to vote or own a firearm. Reducing a felony to a misdemeanor can help you retain or regain these rights.
Social Stigma: The stigma of a felony conviction can impact various aspects of your life. A misdemeanor charge, while still serious, does not carry the same weight and is viewed as less damaging.

How to Reduce a Felony to a Misdemeanor in Florida

1. Plea Bargaining

One of the most common strategies for reducing a felony to a misdemeanor is through plea bargaining. During the pre-trial stage, your Florida criminal defense attorney can negotiate with the prosecution to have the charges reduced in exchange for a guilty plea. This negotiation often involves a reduction in the severity of the charge to a lesser offense or the dropping of some charges altogether.

Plea bargaining is effective when the prosecution’s case has weaknesses or when there are strong mitigating circumstances. For instance, if you are a first-time offender or if the crime committed was non-violent, your attorney can argue for leniency. An experienced Florida criminal defense attorney can present your case persuasively, highlighting factors that favor a lesser charge.

2. Pre-Trial Intervention Programs

In some situations, first-time offenders may qualify for pre-trial intervention or diversion programs. These programs allow the defendant to complete specific conditions, such as attending counseling, paying restitution, undergoing drug or alcohol rehabilitation, or performing community service. In exchange, the charges may be reduced or dismissed.

Florida offers various county-specific programs, which focus on rehabilitation rather than punishment. Successful completion of such programs can lead to a felony being reduced to a misdemeanor or even dropped entirely. A qualified Florida criminal defense attorney can evaluate your eligibility for these programs and work to get you accepted.

Even if a Pre-Trial Intervention Program is not available to you, completing those types of conditions while the case is pending can also be effective to obtain the same, favorable results in your case without formally entering an Intervention Program.

3. Reclassification of Felony Charges

Some offenses, known as “wobblers,” can be charged as either a felony or a misdemeanor. These offenses fall into a gray area and can be classified based on the specific facts of the case, your criminal history, and other mitigating circumstances. Common wobblers include aggravated assault, theft, and certain drug crimes.

If your felony charge is a wobbler, your Florida criminal defense attorney can file a motion to have the charge reclassified. This legal process often involves demonstrating that the circumstances of the offense and your background do not warrant a felony conviction. Successfully reclassifying a felony as a misdemeanor can significantly alter the outcome of your case.

4. Post-Conviction Relief

If you have already been convicted of a felony, it may still be possible to have the conviction reduced through post-conviction relief. Post-conviction relief can involve filing a motion to modify your sentence or requesting that the conviction be reclassified as a misdemeanor.

Post-conviction relief is not an easy process, and it requires demonstrating that the original sentence was excessive or that there have been significant changes in your behavior and circumstances. This type of motion is best handled by an experienced attorney who understands the nuances of the law and the specific requirements for post-conviction relief in Florida.

5. Probation Modification

If you are currently serving probation for a felony conviction, you can request a modification of your probation terms as part of a strategy to reduce your charge. Successfully completing a substantial portion of your probation, maintaining good behavior, and showing evidence of rehabilitation can serve as grounds for your Florida criminal defense attorney to file a motion to modify the conviction from a felony to a misdemeanor.

This process often requires a hearing before a judge, who will consider your compliance with probation terms and whether reducing the charge is in the interest of justice. Having a strong legal advocate by your side can make a significant difference in how your motion is received.

6. Proactively Addressing the Underlying Issues

If your felony charge is related to substance abuse or alcohol use, seeking treatment proactively can demonstrate your commitment to rehabilitation. This can strengthen your case when negotiating for a lesser charge. Similarly, if the offense involves restitution, gathering the necessary funds to compensate the victim can show responsibility and remorse. These proactive steps can significantly influence a prosecutor’s or judge’s perception of you, increasing your chances of obtaining leniency and a reduced charge.

Factors That Influence Eligibility for Reduction

Several factors can determine whether a felony charge can be reduced to a misdemeanor, including:

The Nature of the Offense: Violent felonies and serious crimes are generally less likely to be reduced compared to non-violent or minor property offenses.
Criminal History: First-time offenders have a greater likelihood of obtaining a reduced charge. Those with a history of felony convictions may find it more challenging.
Mitigating Circumstances: Factors like mental health issues, addiction, or a strong record of community service can favorably impact the decision to reduce a charge.
Restitution: If restitution is required as part of the resolution, demonstrating the ability and willingness to pay can enhance your case.
Treatment for Underlying Issues: Seeking treatment for any substance abuse or addiction issues that contributed to the offense can show the court that you are taking responsibility for your actions and are working towards rehabilitation.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters

Reducing a felony to a misdemeanor in Florida is a complicated process that requires expert legal knowledge, skillful negotiation, and a thorough understanding of the criminal justice system. Attempting to handle this process alone can result in missed opportunities or critical mistakes that could affect the outcome of your case.

A skilled Florida criminal defense attorney can:

Evaluate your case thoroughly to determine your eligibility for charge reduction.
Identify the best strategies, whether through plea bargaining, pre-trial intervention, or post-conviction relief.
Negotiate effectively with prosecutors to secure a more favorable outcome.
Present compelling arguments to the court to support your motion for reduction.

With expert guidance, you have a far greater chance of reducing the impact of a felony charge and moving forward with your life.

Call to Action: Contact Us for a Free Consultation

If you or a loved one is facing felony charges in Florida, reach out to the Florida criminal defense attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. We have a long-standing reputation for successfully defending clients and achieving favorable outcomes in criminal cases throughout Florida. Our team has extensive experience in felony reductions, plea negotiations, and post-conviction relief.

Our client-centered approach ensures that we understand your unique situation and craft a tailored legal strategy to help you achieve the best possible outcome. We have helped numerous clients reduce their felony charges to misdemeanors, minimizing the long-term consequences of a conviction.

Contact us today for a free consultation.

We will review your case, answer your questions, and provide a clear understanding of your options. Call us at 727-381-2300, 813-639-8111, or fill out our online contact form to schedule your consultation. Let us help you protect your future and fight for the best possible result in your case.

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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Lawsuit Against Business Client Dismissed

Alec Waid — Fri, 21 Jun 2024 16:38:33 +0000

Alec’s client, a local mechanic and business owner, came to us when a disgruntled customer brought a baseless lawsuit against them. The customer had our client work on his old vehicle that was in need of serious maintenance. Our client did good work for the customer and even discounted his bill. However, because the car was so old and under-maintained it was still making some unrelated noises after the work was completed. Taking advantage of our client generously writing-off some of the work they had already done, the customer pushed for them to perform more free work. When the client politely declined the additional free work, the customer sued them.

Alec got to work immediately and had the first lawsuit dismissed. However, because the law requires it, the Judge gave the customer another chance to amend his lawsuit if he had the evidence or the good-faith basis to bring a valid claim against our client.

After the customer filed their amended lawsuit, it was still clear that he did not have a legal basis to sue our client. So, Alec filed and argued a second Motion to Dismiss. The Judge granted that motion WITH PREJUDICE, meaning that the customer could no longer bother our client with additional lawsuits regarding the work performed by our client.

No matter how baseless the claim is, being sued can be stressful for businesses and take valuable time away from them. If you own a business and are looking for swift and aggressive defense from lawsuits, contact Alec Waid at Battaglia, Ross, Dicus & McQuaid, P.A., so we can get to work for you.

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Unlawful Detainer – Son Removed From Home Without a Fight

Samara Ballard — Mon, 29 Apr 2024 15:27:50 +0000

The Facts

My 90-year old client allowed her son to live in her home for the past couple of years. Recently, their relationship took a turn for the worse. She had asked her son to leave the home but he refused. Left with no choice, she filed an Unlawful Detainer action against him. While the case was pending, she moved in with her daughter. After about 50-days of being out of her home, a final judgment hearing was set and I was hired to handle the hearing.

The Case

My client hated to be in this upsetting situation. I knew that if she had to take the stand at the hearing, it would be extremely difficult for her, but we were prepared. When the son arrived at the hearing, I decided to see if I could get him to agree to leave on his own accord. Within a few minutes, we had an agreement that he would leave within 5-days.

The Result

The Judge entered an order reflecting the agreement, the son would need to be out within 5-days, and my client didn’t need to take the stand. Everyone was very happy with the result.

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Aubrey O. Dicus, Jr., Successfully Defends Defamation Suit

Aubrey Dicus — Fri, 21 Apr 2023 16:54:43 +0000

Recently I successfully concluded a lawsuit that was filed against our client, a young lady, who allegedly posted a defamatory statement against an acquaintance. The litigation was quite stressful for her.

Fortunately, with an aggressive pleading strategy, the lawsuit against her was recently dropped at relatively minimal costs for a lawsuit of this nature. Our client was extremely relieved and very grateful.

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Why Hire a Florida Litigation Attorney?

Aubrey Dicus — Sun, 26 Sep 2021 14:37:13 +0000

If you have an issue that needs a legal resolution or are facing claims against you, then hiring a Florida litigation attorney will likely be the best solution. With years of experience and unparalleled expertise, we can make a huge difference and should never be compared to an individual’s belief that they can tackle a case alone.

What Is A Florida Litigation Attorney?

Florida litigation attorneys are the type of lawyers you see in courtrooms – prosecuting or defending claims for their clients. Our specialist services involve much more than that though – from gathering evidence to negotiations without going to trial. Our attorneys have unparalleled knowledge of civil rules and criminal procedure in their jurisdiction. When it comes to tackling a legal battle, there is no better option than a Florida litigation lawyer. Florida litigation attorneys can provide legal assistance in a variety of legal areas, from probate litigation to corporate disputes.

Do I Need to Hire a Florida Litigation Attorney?

There are two scenarios where you need to hire a Florida litigation attorney. Firstly, if you’re named as a defendant in a lawsuit. Defending against these claims yourself is a perilous idea and simply not worth the risk. The second scenario is if you’re the person looking to take action yourself. There are infinite reasons why you might want to file a claim or lawsuit and doing so can provide a resolution that is made concrete by law. You may also want to hire a Florida litigation attorney for their opinion. Rather than filing a complaint, you can benefit from our skills to negotiate, use meditation or any other strategy that avoids court.

Common Types of Florida Litigation Attorney Services

Our Florida litigation lawyers have experience working in the following areas:

Administrative Litigation
Alternate Dispute Resolution
Business and Corporate Litigation
Civil Litigation
Commercial Litigation
Computer and Software Litigation
Construction Litigation
Corporate & Partnership Disputes
Employment Contract Litigation
Financial Institution Litigation
Insurance & Bad Faith Litigation
Intellectual Property Litigation
Intentional Torts
Probate and Trust Litigation
Professional Liability Litigation
Real Estate Litigation
Securities Litigation
Trade Secrets Litigation
1st Amendment Litigation

The Benefits of Hiring a Florida Litigation Lawyer

Expertise of the Legal System

Law is complicated. Opponents can be intimidating and language can be complicated. Navigating the system requires expertise, which lawyers have acquired over many years of work. From studying at law school to honing their craft in the courts, our attorneys know what to do and will know the best steps to take. You will need to draft and file paperwork, meet deadlines and attend various hearings and depositions. Our lawyers will take care of all this, so you don’t make a costly mistake. Fact: “86% of the civil legal problems reported by low-income Americans received inadequate or no legal help.” (American Bar Association)

Discovery

Did you know that Florida litigation attorneys help uncover crucial facts and information about your case? During discovery, statements and interrogations are made and documents are requested that can prove critical in the outcome of the case. The process has a lot of moving parts and must be supported by someone who can think fast on their feet – a Florida litigation lawyer. By acquiring facts they can combine them with the law to fight for you. Our Florida litigation lawyers will also have links with expert witnesses from medical providers to expert analysts – all that can prove to define in your favor.

Going to Trial or Avoiding Trial

If your case does go to trial, then you may be facing a party also equipped with a litigation attorney. In these cases, you need a strong advocate. Your lawyer’s experience and professionalism here will shine through. Our attorneys will also be able to analyze whether it’s better to settle the case outside of court. Going to trial may seem like the best option, but after a deeper inspection, you might have better success through negotiations. However, if you try to negotiate without a lawyer some parties or insurance companies may refuse, or exploit you. Fact: About 97% of civil cases are resolved without trial (U.S. Justice Department).

The Costs

If you don’t hire a Florida litigation attorney you could end up costing yourself considerably more than the expenses of a lawyer. In fact, in some cases you can make money by hiring an attorney – if, for example, you claim your legal fees as part of a settlement. Our attorneys will also know what your case is worth. They’ll know how to put a figure on the economic and non-economic losses, ensuring you get the compensation you deserve.

Peace of Mind

If you’re filing or defending a lawsuit, it won’t be for fun. It’s most likely during an extremely challenging and emotionally testing time in your life. The last thing you want at this moment is to feel alone, scared and overwhelmed by legal jargon, paperwork and pressures. If you hire a Florida litigation lawyer, you suddenly have someone on your side, taking the weight away and providing some hope. From remembering deadlines to fighting other parties we’ll be your advocate from start to finish.

Their Reputation

Florida litigation lawyers don’t exist in a vacuum. Most lawyers of good standing know each other. From opposing lawyers to the judges, having a respected reputation can help cases be settled quickly, with the other side aware of the risks of tackling your lawyer in court. At Battaglia, Ross, Dicus & McQuaid, P.A. our lawyers have that reputation, with awards that rank us as some of the highest in the state.

Contact a Litigation Attorney in Florida

Free Consultations

If you want to file or defend a claim in Florida, you may need the legal support of a Florida litigation lawyer. Battaglia, Ross, Dicus & McQuaid, P.A. is a U.S. News and World Reports Tier 1 law firm in Florida and has been helping Florida residents since 1958. With award-winning experienced attorneys, we provide litigation in a wide variety of services from civil litigation to commercial and real estate. Schedule a free consultation today to get started or to get any questions answered.

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7 Reasons To Hire A Civil Litigation Attorney

Caitlin Szematowicz — Tue, 01 Jun 2021 13:28:37 +0000

An experienced civil litigation attorney can help you with all aspects of filing a civil lawsuit. Individuals who are thinking of representing themselves in court may have to navigate complicated laws and convoluted legal language. Filing a lawsuit on your own can come with a variety of other legal and financial challenges. If you or a loved one are thinking of filing a civil lawsuit, contact Battaglia, Ross, Dicus & McQuaid, P.A. We can determine whether you have a case and help you understand all of your legal options. Call us today to schedule a free consultation: 727-381-2300.

1. An Attorney Can Protect Victims’ Legal Rights and Help Navigate Laws

A dedicated civil litigation attorney can protect your legal rights, help you understand the legal context of your case, and explain how to apply the relevant laws to your advantage. Legal language can be challenging and intimidating. A civil litigation attorney will ensure that you understand all procedures and paperwork, and help you understand all of your legal options to help you make informed decisions regarding your case. Moreover, a civil litigation attorney can guide you through the entire process of filing a suit, such as drafting and filing the appropriate paperwork and ensuring all deadlines are met, along with attending all hearings and depositions.

2. Plaintiffs Can Be at a Disadvantage Without Legal Representation

While three out of five plaintiffs choose self-representation in civil litigation cases, the American Bar Association (ABA) reports that this puts those individuals at a distinct disadvantage. Many people typically underestimate how much time and effort they have to spend on preparing their case. This includes gathering the necessary evidence and getting acquainted with the technical aspects of filing a lawsuit. There will also be a great deal of paperwork to complete and file. Making mistakes with the pleadings or failing to file a document at the appropriate time can result in having a case dismissed and losing the right to petition the court for justice. Plaintiffs also need to ensure that they obtain the necessary evidence to prove their case, which can be a considerable amount of material and may include the testimony of expert witnesses. The burden of proof in civil litigation lies on the plaintiff, the person bringing the suit. Those wishing to file a civil lawsuit will most likely be up against an attorney on the other side, who typically has experience in handling lawsuits. It can be extremely challenging to win a case without having the help, protection, and support of professional legal representation.

3. A Civil Litigation Attorney Can Gather Evidence for Proving a Case

In order to prove a case, a plaintiff will need to provide compelling and comprehensive evidence. Without a civil litigation attorney, knowing where to find the crucial evidence for your claim can feel overwhelming. An experienced civil litigation attorney knows where to find appropriate evidence, can typically draw on a range of expert witnesses to strengthen your case, and knows how to liaise with medical providers or other experts to strengthen your case.

4. Your Attorney Knows What Your Case is Worth

If you do not know the value of your case, it will be next to impossible to recover adequate compensation or negotiate a fair settlement. Plaintiffs may not know how to go about calculating their past, present, and future damages accurately. Moreover, when it comes to so-called “non-economic damages”, it can be exceedingly difficult for a layperson to put an exact figure on their suffering and non-economic losses. A seasoned attorney knows how to calculate both economic and non-economic damages to ensure that their client receives the compensation they deserve under the law.

5. An Attorney Can Negotiate with Insurance Companies and Defendants

In some cases, individuals are keen to file a lawsuit before having exhausted other possible options, for example, an out-of-court agreement with the at-fault party in their suit. A seasoned civil litigation attorney knows how to negotiate effectively with insurance companies and other parties, and can fight for a fair settlement on a plaintiff’s behalf. When a defendant learns that a plaintiff is unrepresented by legal counsel, they may be less willing to settle or try to draw out negotiations indefinitely. However, an experienced lawyer knows when it is time to fight for your rights in a court of law and can represent you aggressively at trial.

6. Your Attorney May Take on the Financial Risk of Litigation

While not all civil litigation attorneys work under a contingency agreement, some attorneys may work with a client and wait to receive payment until their client receives compensation. According to the ABA, with a contingency fee agreement, the client only pays the attorney if and when they win their case. The attorney typically charges a fixed percentage of the final settlement as a fee for their services. If you lose your case and do not receive a settlement, you do not have to pay a dime in attorney’s fees. However, it is important to note that contingency agreements are predominantly used in personal injury cases. A plaintiff requiring the help of an attorney for other types of civil litigation cases generally have to pay upfront attorney’s fees. First consultations at Battaglia, Ross, Dicus & McQuaid, P.A. are always free. Call us today to find out how we can help you.

7. A Civil Litigation Attorney Offers Peace of Mind During a Challenging Time

Having to file or defend a lawsuit can be an extremely stressful and challenging period in anyone’s life. Moreover, the entire legal process can feel daunting, complicated, and overwhelming. Having a dedicated and experienced civil litigation attorney by your side, fighting for your interests, can take a weight off your shoulders. Our legal team at Battaglia, Ross, Dicus & McQuaid, P.A. is committed to helping our clients recover the damages, or the resolution that they need and deserve, to go on with their lives.

Contact Our Experienced Civil Litigation Attorneys for Help and Advice Today

You do not have to struggle through a complicated and challenging lawsuit on your own. Consider getting legal advice before filing a civil lawsuit. Call Battaglia, Ross, Dicus & McQuaid, PA today and take advantage of a free, no-obligation consultation to discuss your case: 727-381-2300.

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Appellate Briefs

Caitlin Szematowicz — Wed, 26 Aug 2020 16:31:52 +0000

The Florida Rule of Appellate Procedure 9.210 sets forth the instructions and requirements for drafting appellate briefs. This article will review common appellate briefs: the initial brief, the answer brief, and the reply brief.

Initial Brief

An Initial Brief is to include the following:

Cover sheet The cover sheet of the Initial Brief shall state the name of the court, the style of the cause, including the case number if assigned, the lower tribunal, the party on whose behalf the brief is filed, the type of brief, and the name and address of the attorney filing the brief.
A table of contents. The table of contents is to list the sections of the brief, including the headings and subheadings that identify the issues presented for review, with proper references to the pages on which each appears.
A table of citations. The table of citations will list the cases listed alphabetically, statutes and other authorities. The table of citations will also list the pages of the brief on which each citation appears.
A statement of the case and of the facts. The statement of the case and the statement of the facts is to include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal. You must include references to the appropriate pages of the record or transcript in the statement of the case and facts.
A summary of argument. The summary of argument is to be suitably paragraphed. The summary is to condense succinctly, accurately, and clearly the argument actually made in the body of the brief. It is important that the summary of argument not be a mere repetition of the headings under which the argument is arranged. The summary should typically not exceed two pages. It must never exceed five pages.
An argument. An initial brief must include an argument section. An argument shall be made with regard to each issue. An appellant must include citations to appropriate authorities. The argument section should also include the applicable appellate standard of review.
A conclusion. The conclusion should not be more than one page. The conclusion should set forth the exact and precise relief being sought by the appellate.
A certificate of service.
A certificate of compliance for computer-generated briefs.

Answer Brief

The answer brief shall include the following:

Cover sheet The cover sheet of the Answer Brief shall state the name of the court, the style of the cause, including the case number if assigned, the lower tribunal, the party on whose behalf the brief is filed, the type of brief, and the name and address of the attorney filing the brief.
A table of contents. The table of contents is to list the sections of the brief, including the headings and subheadings that identify the issues presented for review, with proper references to the pages on which each appears.
A table of citations. The table of citations will list the cases listed alphabetically, statutes and other authorities. The table of citations will also list the pages of the brief on which each citation appears.
A statement of the case and of the facts. It is important to note that under the Appellate Rules, an Answer Brief does not need to include the statement of the case and of the facts if the statement of the case and facts set forth in the Initial Brief is deemed satisfactory. If the Initial Brief’s statement of the case and of the facts is not satisfactory, then an appellee should include a statement of the case and of the facts in the Answer Brief. If included in the Answer Brief, the statement of the case and the statement of the facts is to include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal. You must include references to the appropriate pages of the record or transcript in the statement of the case and facts.
A summary of argument. The summary of argument is to be suitably paragraphed. The summary is to condense succinctly, accurately, and clearly the argument actually made in the body of the brief. It is important that the summary of argument not be a mere repetition of the headings under which the argument is arranged. The summary should typically not exceed two pages. It must never exceed five pages.
An argument. An initial brief must include an argument section. An argument shall be made with regard to each issue. An appellant must include citations to appropriate authorities. The argument section should also include the applicable appellate standard of review.
A conclusion. The conclusion should not be more than one page. The conclusion should set forth the exact and precise relief being sought by the appellate.
A certificate of service.
A certificate of compliance for computer-generated briefs.

Reply Brief

The Reply Brief – which would be filed by the Appellant – will include the following:

Cover sheet The cover sheet of the Reply Brief shall state the name of the court, the style of the cause, including the case number if assigned, the lower tribunal, the party on whose behalf the brief is filed, the type of brief, and the name and address of the attorney filing the brief.
A table of contents. The table of contents is to list the sections of the brief, including the headings and subheadings that identify the issues presented for review, with proper references to the pages on which each appears.
A table of citations. The table of citations will list the cases listed alphabetically, statutes and other authorities. The table of citations will also list the pages of the brief on which each citation appears.
Argument The Reply Brief is to include argument in response and rebuttal to arguments presented in the Appellee’s Answer Brief.
A certificate of service.
A certificate of compliance for computer-generated briefs.

Contact the Appellate Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

There are numerous other requirements pertaining to the filing of briefs in appellate court. It is important to understand the appellate rules. The attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. are experienced in appeals. If you are facing an appeal or have questions as to whether you have an appeal, contact the appellate attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. today.

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Class Action Lawsuits

Caitlin Szematowicz — Thu, 16 Jul 2020 13:54:52 +0000

A class action is generally defined as a lawsuit filed or defended by an individual or small group acting on behalf of a large group. There are certain rules that apply to class actions filed in state court in Florida. Florida Rule of Civil Procedure Rule 1.220 governs class actions.

Prerequisites to Class Representation

Rule 1.220 provides that there are certain prerequisites to bringing and maintaining a class action. Before any claim or defense may be maintained on behalf of a class by one party or more suing or being sued as the representative of all the members of a class, the court shall first conclude that (1) the members of the class are so numerous that separate joinder of each member is impracticable, (2) the claim or defense of the representative party raises questions of law or fact common to the questions of law or fact raised by the claim or defense of each member of the class, (3) the claim or defense of the representative party is typical of the claim or defense of each member of the class, and (4) the representative party can fairly and adequately protect and represent the interests of each member of the class. These principles are generally known as numerosity, commonality, typicality, and adequacy.

Claims and Defenses Maintainable

In terms of what claims and/or defenses can be maintainable by a class action, Rule 1.220 provides that a claim or defense may be maintained on behalf of a class if the court concludes that numerosity, commonality, typicality, and adequacy are satisfied, and that:

the prosecution of separate claims or defenses by or against individual members of the class would create a risk of either: (a) inconsistent or varying adjudications concerning individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (b) adjudications concerning individual members of the class which would, as a practical matter, be dispositive of the interests of other members of the class who are not parties to the adjudications, or substantially impair or impede the ability of other members of the class who are not parties to the adjudications to protect their interests; or
the party opposing the class has acted or refused to act on grounds generally applicable to all the members of the class, thereby making final injunctive relief or declaratory relief concerning the class as a whole appropriate; or
the claim or defense is not maintainable under either of the two prongs referenced above, but the questions of law or fact common to the claim or defense of the representative party and the claim or defense of each member of the class predominate over any question of law or fact affecting only individual members of the class, and class representation is superior to other available methods for the fair and efficient adjudication of the controversy. The conclusions shall be derived from consideration of all relevant facts and circumstances, including (a) the respective interests of each member of the class in individually controlling the prosecution of separate claims or defenses, (b) the nature and extent of any pending litigation to which any member of the class is a party and in which any question of law or fact controverted in the subject action is to be adjudicated, (c) the desirability or undesirability of concentrating the litigation in the forum where the subject action is instituted, and (d) the difficulties likely to be encountered in the management of the claim or defense on behalf of a class.

Pleading Requirements

There are also pleading requirements to keep in mind when pleading a class action.

Determination of Class Representation; Notice; Judgment; Claim or Defense Maintained Partly on Behalf of a Class

Florida Rule of Civil Procedure 1.220 provides that as soon as practicable after service of any pleading alleging the existence of a class under this rule and before service of an order for pretrial conference or a notice for trial, after a hearing, the court shall enter an order determining whether the claim or defense is maintainable on behalf of a class on the application of any party or on the court’s initiative. Irrespective of whether the court determines that the claim or defense is maintainable on behalf of a class, the order shall separately state the findings of fact and conclusions of law upon which the determination is based. In making the determination the court (a) may allow the claim or defense to be so maintained, and, if so, shall state under which pertinent subsection the claim or defense is to be maintained, (b) may disallow the class representation and strike the class representation allegations, or (c) may order postponement of the determination pending the completion of discovery concerning whether the claim or defense is maintainable on behalf of a class. If the court rules that the claim or defense shall be maintained on behalf of a class, the order shall also generally provide for the notice required. As soon as is practicable after the court determines that a claim or defense is maintainable on behalf of a class, notice of the pendency of the claim or defense shall be given by the party asserting the existence of the class to all the members of the class. The notice shall be given to each member of the class who can be identified and located through reasonable effort and shall be given to the other members of the class in the manner determined by the court to be most practicable under the circumstances. Unless otherwise ordered by the court, the party asserting the existence of the class shall initially pay for the cost of giving notice. The notice shall inform each member of the class that (a) any member of the class who files a statement with the court by the date specified in the notice asking to be excluded shall be excluded from the class, (b) the judgment, whether favorable or not, will include all members who do not request exclusion, and (c) any member who does not request exclusion may make a separate appearance within the time specified in the notice.

Contact the Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

This article does not address all the requirements set forth in Florida Rule of Civil Procedure 1.220 or Florida case law concerning class actions. The employment attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. are experienced in the defense of class action litigation. If you are defending a class litigation, contact the civil litigation and commercial litigation attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. today.

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You’ve Been Served With a Lawsuit: Now What?

Caitlin Szematowicz — Mon, 20 Apr 2020 16:27:30 +0000

If you have been named as a defendant in a lawsuit, and a process server has served a copy of the complaint and summons upon you, you may be wondering what you need to do.

Time to Response to a Complaint

Pursuant to Florida Rule of Civil Procedure 1.140, “Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.” This means that a defendant shall generally serve an answer to the complaint within twenty days after the service of process. There are certain exceptions to this general rule – such as responding to an eviction action – so it is critical to understand when your responsive pleading is due. The time to respond to the complaint should appear on your summons.

Avoid Default

It is important to ensure that you file a timely responsive pleading to the complaint. If you do not file a responsive pleading within the timeframe required by law, a default may be entered against you. There are two types of default: a clerk default and a court default. Pursuant to Florida Rule of Civil Procedure 1.500, if a party fails to file or serve a document in the action, the plaintiff may request that the clerk enter a default against the defendant for failing to serve or file a document. This is known as a clerk’s default. Pursuant to Rule 1.500, the court may also enter a default when the defendant has failed to file or serve a document in the action. This is known as a judicial default or a court default. If you do not file or serve a responsive pleading to the complaint, it is likely that the plaintiff will seek to have a default entered against you. Once a court’s default is entered, the plaintiff will then likely move forward with having a judgment entered against you. If a default has been entered against you, you can move to set aside the default. You would need to establish due diligence, excusable neglect, and meritorious defenses in order for the trial court to consider moving to set aside the default. Thus, while the trial court can set aside a default or even vacate a final judgment in certain instances, you should certainly avoid a default. For this reason, a defendant will typically file a responsive pleading. A responsive pleading to a complaint will generally either be an answer or a motion to dismiss.

Answer

An answer is one way for a defendant to respond to the plaintiff’s complaint. Florida Rule of Civil Procedure 1.110 provides that an answer must state in short and plain terms the defendant’s defenses to the claim asserted. The answer will admit or deny the allegations to the complaint (or state the defendant is without knowledge). An answer also typically includes affirmative defense – which are legal or factual defenses in response to the complaint. Pursuant to the Florida Rules of Civil Procedure, an answer must set forth the affirmative defenses of accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

Motion to Dismiss

There are multiple reasons why a defendant would elect to file a motion to dismiss. Pursuant to the Florida Rules of Civil Procedure, a motion to dismiss may be filed for: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cause of action, and/or (7) failure to join indispensable parties A common motion to dismiss is known as a motion to dismiss for failure to state a cause of action. The Florida Rules of Civil Procedure require that the pleader state a cause of action, contain a short and plain statement of the jurisdictional grounds, a short and plain statement of the ultimate facts showing the pleader is entitled to relief, and a demand for judgment. Thus, if a plaintiff did not set forth a plain statement of the ultimate facts establishing entitlement to relief, a defendant may choose to file a motion to dismiss. This type of motion to dismiss thus tests the legal sufficiency of the complaint in order to determine whether the complaint states a valid claim. When considering a motion to dismiss, a court must accept the well-pled allegations contained in the complaint as true, and the trial court generally has no authority to look beyond the allegations contained within the complaint. However, the court is not required to accept as true any allegations that are inconsistent with law. Further, the facts establishing the plaintiff’s right to relief must be clearly and definitely pleaded. This means that mere statements of opinion or conclusion unsupported by specific facts will not suffice. The function of a motion to dismiss a complaint is to raise as a question of law the sufficiency of the facts alleged to state a cause of action. A motion to dismiss should only be granted where the non-moving party can prove no set of facts in support of the proffered cause of action. If the trial court grants a motion to dismiss, the plaintiff may be permitted to amend the complaint in order to state a cause of action.

Motion for More Definite Statement

A motion to dismiss may include an alternate motion for a more definite statement, or a defendant may file a motion for more definite statement on its own. The Florida Rules of Civil Procedure provide that “if a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, that party may move for a more definite statement before interposing a responsive pleading.” If the trial court agrees that the complaint is vague or ambiguous, it will order the plaintiff to provide a more definite statement.

Contact the Skilled Attorneys at Battaglia Ross

There are other motions which may be applicable to your case – such as a motion to transfer or motion to quash service of process. It is thus important to hire experienced trial counsel familiar with this area of law to defend you. In fact, in the State of Florida, if you are a corporate entity, you will need a lawyer. A corporation cannot appear pro se and must be represented by counsel. If you are in need of legal assistance, contact the skilled trial lawyers at Battaglia, Ross, Dicus & McQuaid, P.A. today.

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