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  • 04/12/2022 0 Comments
    Who is Liable After a Recreational Boating Accident

    As the summer months get closer, the waterways are going to start getting busier.  Lakes and  rivers will become crowded with recreational boaters, as summer quickly approaches in Florida. Lots of people will head to the waterways to have fun in the sun and cool off.

    With these crowded waterways, the risk of accidents increases significantly.  Recreational boating accidents occur more often than most people realize and the main cause of these accidents include:

    • Operator inattention
    • Operator inexperience
    • Operating a boat under dangerous conditions
    • Boating under the influence
    • Improper lookouts

    The following information explains recreational boat accidents and liability.

    Negligence - General Rule

    When a boating accident occurs, some tricky legal issues can arise.  If you are injured while on a sailboat or motorboat, you will have to prove your injuries are a result of someone's negligence before you can receive compensation.  Injuries alone do not prove someone was negligent.  Negligence under the law means someone failed to act with reasonable care.  Talk to the attorneys at Batts-Daniels Law about how negligence can be proven in your case.

    How a Negligence Claim Works

    There are many types of boating accidents; however, the following are most common:

    • Hitting another boat 
      • If you are injured while on a sailboat or motorboat, you will have to prove your injuries are a result of someone's negligence before you can receive compensation from the responsible party.  Suffering injuries does not prove someone was negligent. Negligence under the law means someone failed to act with reasonable care.  Talk to the lawyers at Batts-Daniels Law about how negligence can be proven in your case.
    • Hitting another boat's wake 
      • When a boat hits the wake of another boater, it can jolt passengers and even throw them out of their seats or the boat entirely.  Legal liability for accidents occurring due to hitting a wake is not always legally clear.  The operator's liability when hitting another boat's wake depends on circumstances such as:
        • Whether or not the operator issued a warning in advance to their passengers
        • Whether the injured person was on a sailboat or motorboat
        • Boat traffic in the area
        • The degree of visibility at the time of the impact
        • How large the wake was
        • The speed they were traveling upon impact
        • The operator of the boat which created the wake could also be negligent depending on the boating traffic or if the wake violated boating safety.
    • Your boat hits a wave
      • When a boat hits a wave, it is similar to a wake accident except there is no other boat to hold responsible. 
    • Your boat runs into a submerged object, such as an island, rock, or tree branch
      • Even under ideal boating conditions, it is possible to hit a submerged object.  In poor weather conditions, these accidents are more of a risk.  When a boat hits a submerged object, liability depends on certain circumstances:
        • Whether or not there were nautical charts for the area and if they were being used
        • The speed of the boat at the time of impact
        • The weather conditions occurring and if the operator went out regardless of warnings

    Who Can Help You With a Personal Injury or Wrongful Death Boating Accident Lawsuit

    There is not any compensation that will replace a loved one lost in a wrongful death accident. But if the death was a result of someone's negligence, Batts-Daniels Law can help you get the justice you deserve.  Whether injured in a boating accident, or if the accident resulted in the wrongful death of someone you love, you need Batts-Daniels Law on your side.  We understand how difficult this time is for you, and will help you understand the process and guide you through the best decisions.  Contact us today and learn how Batts-Daniel Law can help you get through a wrongful death or personal injury lawsuit.

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  • 04/12/2022 0 Comments
    Tips for Your Auto Accident Case

    If you've been involved in an auto accident, and are planning on filing a personal injury claim, you want to do everything possible to maximize your compensation and ensure you have a winning case.  There are some very important things you should do immediately after an auto accident that could significantly affect the value of your claim.  These eight tips below can maximize your value and increase any potential settlement.  

    1. Gather Evidence

    If your injuries allow you to move around the accident scene, you should gather as much evidence as possible.  A jury will decide your case based upon the evidence presented.  So, take lots of pictures and videos and collect witness statements.  The more evidence you can collect, the better your case will go.

    2. Be Careful What You Say at the Scene

    Although you may feel you should communicate with others at the scene, especially those involved in the accident, you must exercise discretion when talking. You are under no obligation to state whose fault you think it is, how you think injuries occurred or any other information.

    Using discretion in what you say is very important as you could make your future claim more complicated.  You also do not want to create conflicts with others involved which could be related to the accident.

    The most important piece is never to admit fault to the other party or the police. Accidents happen fast, and you may not fully understand what happened, so sometimes it can be difficult to conclude who exactly was at fault.

    3. File a Police Report

    A police report needs to be filed so that each individual involved in the accident has a record of the incident.  The information in the report such as who was involved and their address will be important.

    A police report will also serve as a record of the facts regarding the accident.  This report can be used in court should your case go as far as a lawsuit.  Police reports are also useful to establish who was at fault for the accident, which may help your insurance company.

    4. Seek Medical Attention

    As soon as possible, you should seek medical attention for your injuries.  Even if you are not sure how extensive these injuries are, you should consult with your doctor and follow any treatment plan that is recommended.

    5. Keep Records of all Expenses and Costs Related to Your Injury

    You may likely incur multiple expenses and costs related to your injury when involved in an auto accident. These expenses can include:

    • Medical Exams and Diagnostic Testing
    • Hospital Costs
    • Expenses related to property damage
    • Insurance Deductibles
    • Lost wages (if your injuries result in not being able to return to work)

    6. Use Caution When Dealing with Insurance

    If you involve your insurance company with a personal injury claim, it can make the legal process more difficult.  It is often necessary to work with your insurance after an auto accident, so check with attorneys at Batts-Daniels Law regarding information that should be shared regarding your accident.

    7. Do Not Sign Documents or Forms Without Attorney Consent

    Do not sign any type of document or form without talking to your attorney at Batts-Daniels Law first.  Without understanding the contents of these documents, you cannot be sure how it will affect the outcome of your case or your future.

    8. Understand Which Type of Lawyer Will Help You the Best

    Not all personal injury attorneys are the same. Some have specific areas of specialty, such as:

    • Product liability
    • Medical malpractice
    • Accidents involving commercial vehicles
    • Automobile accidents

    Batts-Daniels Law is dedicated to representing people throughout the state of Florida who have been involved in an auto accident. Choosing the right attorney to represent you when you are suffering from auto accident injuries is important. With Batts-Daniels Law, you will have an accident attorney who will represent your best interests aggressively and help develop a strategy to maximize your compensation.

    If you've been involved in an automobile accident and suffered injuries, don't waste another moment.  Contact our office at 833-33-BDLAW to ensure you receive the representation you deserve!

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  • 03/08/2022 0 Comments
    What Are Examples of Negligent Security?

    In the State of Florida, negligent security happens when a business owner does not take reasonable precautions to ensure their clients, guests, or customers are safe. Reasonable precaution measures have to be in place to prevent robberies, property damage, theft, or possible physical assaults.

    Negligent security, under Florida premises liability laws, applies to locations that serve the public, such as:

    • Hotels
    • Motels
    • Retail stores
    • Schools
    • Rental apartment complexes or homes
    • Restaurants
    • Bars
    • Gas Stations
    • Nightclubs
    • Workplace
    • Parks and playgrounds
    • Hospitals
    • Factories
    • Parking lots and garages
    • Banks

    If you are battered or physically assaulted on one of these properties, the owner may be liable under Florida law. If this has happened to you, or a family member, check with Batts-Daniels Law, as our personal injury attorneys have more than forty-five combined years of experience in the legal field.

    Examples of Negligent Security

    There are several ways a property owner can be held liable for not making sure a person's safety was provided. Managers, lessees, property owners, or a negligent security firm could all potentially be liable if you suffer an injury from an attack or assault on their property. You may be able to file a claim and sue the responsible parties to recover compensation for your injuries.

    Examples of crimes that can occur due to negligent security include:

    • Mass shootings
    • Sexual assaults
    • Battery
    • Murder
    • Wrongful death

    Depending on the property type, there will be different security requirements under Florida law. These are a few examples of negligent security:

    • Broken gates or fences
    • Doors that cannot be locked
    • Malfunctioning security cameras or no security cameras
    • Unqualified or untrained security guards
    • No or lack of security guards
    • Missing or inadequate lighting

    Talk to Batts-Daniels Law if you feel you've been injured due to one of these negligent security measures, or someone you love suffered a wrongful death. We will fight aggressively to make sure your rights are protected.

    Proving Negligent Security under Florida Law

    The security requirements for public locations and businesses depend on the type of property. In negligent security cases in Florida, victims are required to prove the property owner was at fault and did not adequately protect their customers or guests from the risk of harm. The victim has to prove the property owner or defendant's property was not up to established safety standards as defined by law.

    Victims must also prove they have suffered loss or injury as a result of the negligence. To prove this, the plaintiff can use evidence that shows the defendant's failure to provide proper security led to other incidents in the past. If there is a history of security issues, the current case was foreseeable and preventable.

    Establishing proof of damages or injuries might involve collecting documented medical bills, proof of lost wages, etc.

    Immediate Action is Necessary with Negligent Security Cases

    If you feel you have grounds to pursue a negligent security case, it is important to act right away. Florida has a four-year statute of limitations to file a lawsuit for a negligent security claim.  If the injury resulted in death, the statute of limitations is two years.  Talk to the experienced attorneys at Batts-Daniels Law to discuss your potential case.  

    Who to Contact for a Negligent Security or Wrongful Death Case

    Batts-Daniels Law provides aggressive legal representation across the State of Florida. We have helped those who have lost loved ones due to negligent security (such as apartment shootings, nightclub deaths, gas station physical assaults, etc.).  We are also here to ensure your rights are protected if you've been injured in an auto accident, your child has been injured at daycare, or any other personal injury resulting from someone else's negligence.  Call us today at 833-33-BDLAW.

     

     

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  • 03/08/2022 0 Comments
    What are Your Rights as a Pedestrian?

    If an automobile hits a pedestrian while they are crossing a road, they are going to suffer much more severe injuries than the people inside of the vehicle.  While most believe all pedestrians have the right of way, and that if hit, the driver of the vehicle should be responsible for their injuries, this is not always the case.

    Pedestrians can be solely or partially at fault when involved in an accident with an automobile, which can reduce their likelihood of receiving compensation.

    Florida Laws and Pedestrian Injury Cases

    Every pedestrian, cyclist, and driver is responsible for knowing and following safety and traffic laws. These laws or regulations are in place to reduce the risk of accidents. The laws regarding pedestrians and drivers play a significant role in determining who is at fault when faced with an accident.

    Under Florida law, pedestrian regulations apply to those traveling on foot, including runners, those on skateboards and walkers. Typically, bicyclists are not considered pedestrians as they are able to travel on the road alongside vehicles.

    Under Florida laws, pedestrians are required to follow these regulations:

    • Traffic Signals 
      • When you are driving a car, you are required by law to stop for red lights. When a light is yellow, you should be slowing down and preparing to stop. Pedestrians have similar signals labeled, “Walk” and “Don't Walk.” A pedestrian is not allowed to rush through a “Don't Walk” sign if traffic is approaching. If there are no pedestrian signals at an intersection, pedestrians have to obey traffic signals, and only cross when the road is clear. 
    • Crossing Procedures 
      • When a pedestrian is ready to cross a roadway, they should look left, and left again before entering the driving area to cross. Pedestrians with the right of way should still look at the driver as they come to a stop to make sure they are seen. When all the cars have stopped, it is then safe to cross the roadway. Pedestrians should keep to the right side of the crosswalk to make sure there is adequate room for all walkers.
    • Diagonal Crossings 
      • Pedestrians are not allowed to cross a roadway intersection in a diagonal direction unless directed to by a traffic control officer. Even if this type of crossing is allowed, pedestrians have to take great care to watch for vehicles, and only cross when it is safe. 
    • Crossing With No Crosswalk 
      • A pedestrian can cross the road at any point under the law, as long as there is no traffic. If traffic is present, the pedestrian must yield the right-of-way. It is illegal for a pedestrian to step off the sidewalk or curb to enter into the path of an oncoming vehicle if the vehicle does not have adequate time to stop safely. A pedestrian also cannot cross between two adjoining intersections with signals unless it is designated as a crosswalk. 
    • Standing or Stopping in the Roadway 
      • Florida law prohibits anyone from standing near or in the roadway to ask a driver for a ride, employment, or financial support. A person is also prohibited from standing in a parking space or the street to guard a vehicle, give out parking advice, or save a parking space. 

    The Rights of a Pedestrian in a Personal Injury Accident

    If a pedestrian violates traffic laws, they can be charged with a noncriminal traffic infraction, and charged a fine. Civil penalties typically only cost a few dollars; however, they can cost an injured person thousands of dollars in lost damages from an injury case. If a jury knows you've gotten a citation, it could be used as proof the accident was your fault and could deny you access to compensation for your medical bills.

    Sharing fault in a personal injury claim for being hit by a driver as a pedestrian does not completely exclude your chances of suing an at-fault driver. Even if you are partially at fault, you may still be entitled to compensation from the driver who was responsible for most of your injuries.

    Where to Learn More About Pedestrian Laws and Personal Injury Claims

    Batts-Daniels Law understands how devastating it can be when someone is involved in a pedestrian or bicycle accident. When an automobile strikes a bicycle or pedestrian, there is little chance of walking away without some form of personal injury. If you have been involved in this type of accident, call our office at 833-33-BDLAW to learn how we can help you recover money to cover your pain and suffering, medical expenses, wage loss, and more. We will make sure your rights are protected.

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  • 02/07/2022 0 Comments
    What Should You Do If Your Child is Injured at Daycare

    Going to work every day and entrusting someone else to care for your child or children is one of the hardest acts for any parent. Trusting these people will take as good of care of your child as you would is not an easy task. If your child suffers an injury while at a daycare, it is a traumatic and troubling event.

    When you learn your child has been injured at a daycare, you are suddenly forced to deal with decisions and a lot of stress. As a parent, it is your right to seek legal action against the daycare facility for those injuries. Talk to the experts at Batts-Daniels Law regarding your rights.

    An injury sustained at a daycare facility will leave you with a lot of questions including:

    • How did the injury happen?
    • Was there negligence involved?
    • Could the daycare staff have prevented this injury from happening?
    • Do I take my child out of this facility?
    • Will they be safe to stay at this daycare?
    • How do I hold the facility accountable for the injury?

    As a parent, you have the right to know what your rights are concerning your child's injuries that occurred at a daycare facility. The attorneys at Batts-Daniels Law will help you understand these rights and help you find answers to all your questions.

    The Rights of Parents Whose Child Has Been Injured at Daycare

    In some situations regarding an injured child at a daycare facility, the parents have the right to sue the facility. Typically when a parent signs their child up to attend daycare, the facility has you sign a “no liability clause” in their contract.

    Many facilities will execute these contracts if an injury occurs to convince parents they are not able to sue the daycare. However, these waivers do not prevent you from suing the facility because you have the right to file a claim if your child has been injured while in their care.

    Steps to Follow if Your Child is Injured at Daycare

    The court system will allow you to sue a daycare facility on the behalf of your child.  If monetary compensation would be awarded, you would have to keep it in a special bank account or somewhere safe until your child reaches the age of 18. Some of the money can be used for any care or treatment needed for the injury they sustained.

    These are steps to follow if your child has been injured at a daycare facility:

    1. Documentation

    Many children at a daycare facility are too young to fully communicate their injuries. As a parent, you need to recognize when your child has sustained an injury, and take detailed notes about their condition. A police report should be filed if it applies as it can be an objective record of the incident.

    2. Seek Medical Care for Your Child

    You need to seek medical care for your child as soon as possible once you've determined they've been injured at the daycare. This care will mitigate your child's injuries. Keep all the medical bills associated with this medical treatment, and other costs you've had to cover due to the incident.

    3. Obtain an Incident Report from the Daycare.

    4. Report the injury to the Department of Family Protective Services so the State can conduct an investigation.

    5. Talk to an Experienced Daycare Injury Attorney

    The attorneys at Batts-Daniels Law are dedicated to keeping your child safe. We have a proven track record at holding summer camps, amusement parks, daycares, and other businesses responsible for injuries to a child. We have had significant success in pursuing damages on behalf of children at these facilities. Call us today if your child has been injured at a daycare facility. We are here to ensure you and your child receive the compensation you deserve.

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  • 02/07/2022 0 Comments
    Who is at Fault After a Slip and Fall at Someone's Property

    Slip and Fall Accidents

    The consequences of a slip and fall accident can be severe. The accident can send you to the hospital with serious injuries, that could even result in the need for surgery, followed by years of physical therapy. A slip and fall accident has the potential of resulting in lifelong debilitating conditions.

    Who is Responsible to Pay for Slip and Fall Accidents?

    If you are on someone else's property when you sustain injuries from a slip and fall accident, the agent or owner of the property could be liable. Determining liability in this type of personal injury is the key element in any case. There are thousands of injuries caused every year by someone tripping or slipping on sidewalks, uneven floors, stairs, or even rough ground.

    In some of these situations, the property owner could be held responsible if they knew the conditions existed before your accident and did nothing to fix the situation. Slip and fall accidents can happen almost anywhere, such as in hotels, shopping centers, other people's homes, and many other locations.

    If you suffer an injury in a slip and fall accident inside of a commercial location, the business can be sued. If an injury from a slip and fall accident occurs in a residential location, the homeowner, or their insurance company should have to pay. If this type of injury occurs while you are at work, you should be eligible for workers' compensation.

    How to Determine Responsibility in a Slip and Fall Accident

    Premises Liability Law covers slip and fall accidents and others that are a result of dangerous conditions on someone else's property. To hold a property owner legally responsible for injuries that have happened to an individual on their property, one of the following must be proved:

    • The property owner created the dangerous condition that resulted in the accident
    • The property owner should have known the dangerous condition existed and taken the property steps to prevent injuries as a 'reasonable person' would have done
    • The property owner knew the dangerous situation existed and took no action to correct it

    Determining Liability for a slip and fall accident is often done by using common sense. A lot of juries and judges decide if the owner of the property was careful by determining whether or not they took the proper steps to keep the property safe. The law will concentrate on whether or not the owner has made regular efforts to keep their property clean, safe, and up to proper code.

    What You Should Do If Injured in a Slip and Fall Accident

    If you've sustained an injury from a slip and fall accident on someone else's property, there are steps to take immediately:

    • Photograph and inspect the area where the accident happened
    • Determine what caused the slip and fall
    • Locate anyone who might have seen the accident
    • Get phone numbers, names, and addresses of any witnesses
    • If the incident occurred on public property, make sure you notify the supervisor or manager of the building right away
    • Seek medical attention
    • Contact Batts-Daniels Law to learn if you are entitled to compensation

    Batts-Daniels Law is ready to represent you in and out of court to make sure your rights and livelihood are protected. We will aggressively fight for you no matter what the circumstances and work towards establishing liability and proving damages owed to you. Contact us today and learn how we can help you get through this difficult and painful time.

     

     

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  • 01/07/2022 0 Comments
    What are your Rights in a Wrongful Death Drowning Case?

    Those held responsible for wrongful death are sued by the victims or their families. Those who can be involved include property owners and supervisors. Negligence and wrongful death are typical examples of common legal claims.

    Plaintiffs affected in a drowning accident may receive compensation for pain and suffering, medical bills, and lost wages. The compensation, when awarded, will depend on the circumstances. If a victim dies, the family of the deceased may lose financial support and need help with funeral costs.

    Who is Liable for Drowning Accidents?

    Those liable for drownings that occur in public pools, in particular, can be the operators or owners of the facility. The lifeguards or staff could also be sued. Under Florida State Laws, commercial establishments are held to higher standards than those of residential pool owners. Owners are also required to have a permit to run public swimming pools.

    Commercial pool owners can also be held legally responsible if there is an accident, such as drowning and they have failed to take safe environmental precautions for pool users. A personal injury lawsuit is often filed and based on these premises of liability resulting in negligence:

    • Signs not displayed properly
    • Drains do not function properly
    • Lack of or no appropriate barriers
    • Lack of or poor supervision

    In swimming pool drownings in Florida with commercial pools, the guests of the facility are owed the most care, and they are followed by social guests. Trespassers are given or can expect the least duty of care as the property owners only have not to take intentional action with the intent to harm them.

    Drownings occurring in a private pool, such as one in a backyard, may have the owner or renter held liable. The State of Florida requires property owners to put special precautions in place if they have installed a pool to prevent drowning accidents. Florida Statute Chapter 515 was put into place in 2000 with the Residential Swimming Pool Safety Act to enforce these precautions.

    An attractive nuisance is considered a condition or object that will make children curious and draw them to a property. Pools and retention ponds are some of the top attractive nuisances under Florida law, and the State imposes liability on residential property owners who have an attractive nuisance.  

    Swimming pools and retention ponds fall into the attractive nuisance category as children often do not realize the risks involved with pools and retention ponds. Unlike trespassers, if a child wanders onto a property without being invited, the property owner will be held liable for any injuries or deaths that happen with that child–especially after drowning in a pool or retention pond.

    Wrongful Death Claim Following a Drowning Incident

    In the State of Florida, you can file a wrongful death suit if someone you loved was killed in a water-related accident through someone else's negligence. Filing this claim can provide you and your family with monetary compensation to help with any financial burdens their death caused you and pain and suffering.

    Under Florida law, these claims can only be filed by the personal representative of the victim's estate. Unless someone else has been named, this can include parents, children, and spouses. Others who may be legally allowed to file these claims under Florida law include adoptive or blood relatives who wholly or partially were dependent on the victim for support. These relatives include grandparents, grandchildren, and siblings.

    What to Expect From a Florida Wrongful Death Claim After Fatal Water Accident

    Filing a wrongful death suit can bring you a sense of resolution, closure, or justice when you are grieving for a loved one. The claim can be your chance to hold the negligent person or persons accountable for their actions that resulted in the drowning. There are three categories of damages for a drowning death claim:

    • Punitive Damages
      • Punitive damages are compensation awarded as a means of setting an example to dissuade others from causing similar accidents, and to punish the parties who were negligent. These damages are awarded when the negligent actions were illegal, such as cases where an intoxicated boater caused someone to drown.
    • Estate Damages
      • Estate damages are awarded to the estate of the victim itself. These damages can then be passed on to the beneficiaries of that estate. Estate damages would include the loss of net accumulations (future income,) the victim's lost earnings, and the victim's funeral, and any medical expenses leading up to their death. 
    • Survivor Damages
      • Survivor damages can be economic costs such as those for medical expenses, lost services and support, funeral costs, and also non-economic costs. Non-economic costs can include loss of the victim's protection and companionship, guidance, instruction, and pain and suffering.

    Who to Contact About a Drowning Wrongful Death Lawsuit

    Batts-Daniels Law has more than 45 years of combined experience in personal injury claims and are ready to fight for you aggressively to ensure your rights are protected. While we understand no legal action is going to bring your loved one back, a wrongful death claim can provide you the monetary compensation you deserve to get through these difficult times. Contact us today. 

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  • 01/07/2022 0 Comments
    Know Your Rights After a Commercial Truck Accident

    Truck accidents occur every day across the United States. The results are many times catastrophic as they lead to death or very serious injuries to the passengers and driver of the vehicle involved. A loaded semi-truck can weigh up to 80,000 pounds, while a car typically weighs around 3,500, so the odds are not in favor of the passenger vehicle when a collision happens.

    Common Reasons Behind Truck Accidents

    There are many reasons why so many truck accidents happen across the country. Some of these reasons are specific to trucks more so than passenger vehicles. These reasons include:

    • Impairment
      • Statistics show more than 40 percent of truck drivers who were involved in an accident were under the influence of alcohol or drugs.
    • Poorly Maintained Trucks
      • Trucking companies and truck drivers are responsible for properly maintaining these large commercial vehicles. Unfortunately, maintenance is sometimes overlooked to reduce overall costs, and other times, the drivers just neglect simple checks such as coupling devices, lights, brakes, or other safety checks before a trip.
    • Aggressive Driving
      • Aggressive driving is defined as moving traffic offenses that endanger other drivers on the road.
    • Fatigue
      • Truck drivers are only paid while they are driving, so they have considerable motivation to push themselves even when they are tired.
    • Driving too Fast
      • Studies show more than 20 percent of the truck drivers involved in an accident were driving too fast.
    • Blind Spots
      • When cars drive behind, directly in front, or along the middle of a semi-truck, the driver of the truck cannot see them.

    These are some of the causes for accidents involving trucks, so determining the liability in an accident can become complex. In some cases, the truck driver is at fault, and at other times it can be the trucking company or the maintenance company. Others who are considered in some accidents include the loading company who may have improperly or overloaded the truck.

    If you've suffered injuries or the loss of a loved one as a result of an accident involving a truck, you should seek legal counsel to protect your rights as there are many complexities involved with accidents that involve semi-trucks.

    The Mechanics of Truck Accidents

    If you've been involved in an accident involving a commercial truck, hiring an experienced personal injury attorney from Batts-Daniels Law is imperative as there are many legal complexities involved. An experienced attorney can:

    • Subpoena the black box
      • Semi-trucks are equipped with a black box that contains crucial information regarding conditions before the accident happened. Trucking companies do not simply turn these devices over and there could be information in them your attorney will need when seeking a settlement on your behalf. The black box will reveal the number of hard stops the driver made, the truck's maximum speeds, and the hours it has been in service. Some of the information in the black box could reveal the driver's negligence. 
    • Protect critical evidence
      • Your attorney will ensure no critical evidence is destroyed or hidden. A court order can be issued to prohibit the trucking company from removing the truck to a location where it cannot be looked at for evidence. An experienced attorney will also understand how to recreate the accident to learn important information that will be needed in your case.

    Contact an Attorney to Protect Your Rights After a Truck Accident

    In the State of Florida, there is a four-year statute of limitations to file a personal injury claim as a result of an accident involving a commercial truck. If the accident resulted in death, the family has only two years from the date of the death to file a wrongful death suit. Make sure your rights are protected from this tragedy by contacting Batts-Daniels Law as soon as possible.

    Surviving a truck accident will likely leave you with severe injuries that you could be dealing with for months, years, or the rest of your life. Many who have suffered through an accident involving a truck are left with a lifetime of pain, and often suffer emotional issues such as severe depression, chronic insomnia, or PTSD.

    While every accident has its own set of circumstances, you may be entitled to compensation for injuries and losses under Florida law. Having an experienced attorney on your side will ensure your rights are protected.

    Who to Contact in Florida if Involved in Truck Accident

    Batts-Daniels Law represents people injured in accidents involving trucks or autos, shootings, daycare injuries, slip and falls, and more. We fight aggressively to protect your rights and ensure you receive the compensation you deserve. Contact us today and we'll review your case and discuss your best possible solution.

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  • 01/07/2022 0 Comments
    Know Your Rights After a Commercial Truck Accident

    Truck accidents occur every day across the United States. The results are many times catastrophic as they lead to death or very serious injuries to the passengers and driver of the vehicle involved. A loaded semi-truck can weigh up to 80,000 pounds, while a car typically weighs around 3,500, so the odds are not in favor of the passenger vehicle when a collision happens.

    Common Reasons Behind Truck Accidents

    There are many reasons why so many truck accidents happen across the country. Some of these reasons are specific to trucks more so than passenger vehicles. These reasons include:

    • Impairment
      • Statistics show more than 40 percent of truck drivers who were involved in an accident were under the influence of alcohol or drugs.
    • Poorly Maintained Trucks
      • Trucking companies and truck drivers are responsible for properly maintaining these large commercial vehicles. Unfortunately, maintenance is sometimes overlooked to reduce overall costs, and other times, the drivers just neglect simple checks such as coupling devices, lights, brakes, or other safety checks before a trip.
    • Aggressive Driving
      • Aggressive driving is defined as moving traffic offenses that endanger other drivers on the road.
    • Fatigue
      • Truck drivers are only paid while they are driving, so they have considerable motivation to push themselves even when they are tired.
    • Driving too Fast
      • Studies show more than 20 percent of the truck drivers involved in an accident were driving too fast.
    • Blind Spots
      • When cars drive behind, directly in front, or along the middle of a semi-truck, the driver of the truck cannot see them.

    These are some of the causes for accidents involving trucks, so determining the liability in an accident can become complex. In some cases, the truck driver is at fault, and at other times it can be the trucking company or the maintenance company. Others who are considered in some accidents include the loading company who may have improperly or overloaded the truck.

    If you've suffered injuries or the loss of a loved one as a result of an accident involving a truck, you should seek legal counsel to protect your rights as there are many complexities involved with accidents that involve semi-trucks.

    The Mechanics of Truck Accidents

    If you've been involved in an accident involving a commercial truck, hiring an experienced personal injury attorney from Batts-Daniels Law is imperative as there are many legal complexities involved. An experienced attorney can:

    • Subpoena the black box
      • Semi-trucks are equipped with a black box that contains crucial information regarding conditions before the accident happened. Trucking companies do not simply turn these devices over and there could be information in them your attorney will need when seeking a settlement on your behalf. The black box will reveal the number of hard stops the driver made, the truck's maximum speeds, and the hours it has been in service. Some of the information in the black box could reveal the driver's negligence. 
    • Protect critical evidence
      • Your attorney will ensure no critical evidence is destroyed or hidden. A court order can be issued to prohibit the trucking company from removing the truck to a location where it cannot be looked at for evidence. An experienced attorney will also understand how to recreate the accident to learn important information that will be needed in your case.

    Contact an Attorney to Protect Your Rights After a Truck Accident

    In the State of Florida, there is a four-year statute of limitations to file a personal injury claim as a result of an accident involving a commercial truck. If the accident resulted in death, the family has only two years from the date of the death to file a wrongful death suit. Make sure your rights are protected from this tragedy by contacting Batts-Daniels Law as soon as possible.

    Surviving a truck accident will likely leave you with severe injuries that you could be dealing with for months, years, or the rest of your life. Many who have suffered through an accident involving a truck are left with a lifetime of pain, and often suffer emotional issues such as severe depression, chronic insomnia, or PTSD.

    While every accident has its own set of circumstances, you may be entitled to compensation for injuries and losses under Florida law. Having an experienced attorney on your side will ensure your rights are protected.

    Who to Contact in Florida if Involved in Truck Accident

    Batts-Daniels Law represents people injured in accidents involving trucks or autos, shootings, daycare injuries, slip and falls, and more. We fight aggressively to protect your rights and ensure you receive the compensation you deserve. Contact us today and we'll review your case and discuss your best possible solution.

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  • 11/17/2021 0 Comments
    What is Medical Malpractice?

    When a health care professional, doctor, or a hospital causes injury to a patient through negligent omissions or actions, it is considered medical malpractice. The negligence can be the result of health management, aftercare, treatment, or errors in diagnosis.

    According to the laws, in order for you to file a medical malpractice claim, these characteristics must be present:

    Your injury has to have been caused by negligence- In order for a medical malpractice claim to be justifiable, it cannot be due to someone involved with your health care having violated your standard of care. It must also be proven an injury happened because of this negligence. If the medical professional receives an unfavorable outcome from a charge of not providing 'standard of care,' it is not malpractice by itself. You would have to prove that negligence is why you've experienced an injury. If you've sustained an injury without negligence, or you can show negligence that did not cause an injury, neither scenario can be claimed as medical malpractice under the law. 

    A violation of your standard of care- Under the law, there are medical standards recognized in the medical profession as being acceptable medical treatment. The medical treatment must be provided by reasonable prudent health professionals under similar or like circumstances. This type of medical treatment is known as the 'standard of care.' As a patient, you have the right to expect your health care professionals to care for you in a manner that is consistent with these standards. If it is proven you did not receive a 'standard of care,' you may be able to establish negligence in your case.

    Your injury has caused significant damages- You will have to prove or show your injury or harm suffered was caused by medical negligence. The harm or injury has to have resulted in considerable damage, such as:

    • Enduring hardship
    • Considerable loss of income
    • A disability
    • Suffering
    • Constant pain


    Types of Errors that Result in Malpractice Lawsuit

    Some of the cases where negligence can be proven and could result in a lawsuit include:

    • An incorrect or unnecessary surgery
    • A failure by medical professionals to order the appropriate tests
    • A failure by medical professionals to act on test results
    • A prescription is given for the wrong medication or wrong dosage
    • Operating on the wrong part of a patient's body
    • Leaving medical equipment or supplies inside a patient's body after surgery
    • Misdiagnosing or a failure to diagnose
    • Allowing a patient to discharge prematurely
    • Not following up on a patient's care
    • Causing the patient persistent pain after a surgery
    • When a patient contracts a potentially fatal infection while in the hospital
    • When a patient develops bedsores or pressure ulcers

    Informed Consent is Required for Medical Procedures

    If you have not given informed consent to a medical procedure, your health care provider or physician can be liable if this procedure results in injury or harm. A malpractice lawsuit may be legitimate in this case even if the procedure was done perfectly.

    If your surgeon does not inform you a procedure involves a thirty percent risk of losing a limb, and this happens during the surgery, your doctor will be held liable. This liability is present even if the operation was done perfectly. The reasoning behind this liability is that you might have chosen not to do the surgery with this risk possible.

    Essential Elements for a Medical Malpractice Case

    The plaintiff, you, have to prove there were four elements present in order to be successful in a medical malpractice lawsuit:

    • A duty was breached because the hospital or health care provider did not provide the expected standard of care
    • Considerable damage or injury resulted whether financial, emotional, or physical due to the medical care
    • A duty was owed to you by a hospital or health care provider
    • A breach resulted in your injury that was closely linked to your injury

    Where to Learn More About Medical Malpractice

    Batts-Daniels Law has more than forty-five combined years of experience and a proven track record for providing aggressive representation. If you have suffered injury or harm from a medical professional, call our office and learn how we can help get the compensation you deserve.

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  • 11/17/2021 0 Comments
    Is Your Child Owed Money? What are the Rights of Children if Their Parent is Killed at a Business

    If the parent of a minor child or an adult child is killed due to another's negligence, they have the option of suing for their loss. If the child is a minor, the claim would have to be filed on their behalf by either the executor of the deceased parent's estate or the surviving parent. If the minor child has lost both parents, the executor or whoever holds power of attorney can carry out the claim on behalf of the estate or the children.

     

    What Type of Compensation is Given to a Child Who Loses Their Parent to Wrongful Death?

    Some of the compensation available in a wrongful death is to compensate the surviving family member for the loss of resources they relied upon. Generally, less compensation is provided to adult children as they don't rely as heavily on the lost adult for financial support as a minor child would.

    If, as a family member of a parent who was killed at a business, you could seek damages for that parent's yearly income. Their income at the time of the killing would be calculated out for what should have been their expected working life. You are also able to seek damages for benefits, such as retirement savings or health insurance. These resources would have to have been lost due to your loved one's death.

    Economic damages in a wrongful death claim are intended to make sure the family's quality of life does not suffer because of their loved one's untimely death. Adult children and minor children's compensation are not calculated the same for compensatory damages, as adults do not rely on their parent's contribution as heavily as a minor child does.

     

    What are the Rights of Minor Children if Their Parent is Killed at a Business?

    A minor child is entitled to pain and suffering if they lose either parent in a wrongful death, even if there is a surviving parent. These types of lawsuits are painful for everyone involved.

    A wrongful death suit for a parent who has been killed at a business, or through a workplace hazard, often has attorneys using heartbreaking videos and pictures to build a case of how the loss is going to affect the child. A strategy of this type generally results in the child receiving greater pain and suffering damage valuations.

     

    What are the Rights of Adult Children if Their Parent is Killed at a Business?

    Limitations are placed on adult children who have lost a parent in wrongful death. The claim can only be filed if the parent killed does not have a surviving spouse.

    In Florida, this law means that if your mother was killed in wrongful death, but your father has survived her, it is assumed you would still have parental companionship from him. Since you still have parental companionship, the law feels you do not require compensation for pain and suffering.

     

    Purpose of Wrongful Death Compensation

    Compensation for wrongful death is not a value judgment. When looking at the compensation for a person's death who had children versus one who did not have kids, it would seem more value is placed on the parent killed. Compensation for wrongful death is not a judgment on who the person was, but rather on what their loss means or causes to surviving family members.

     

    Where to Learn More About Wrongful Death Compensation

    Batts-Daniels Law understands Florida law and we are here for you to help you understand the laws that will make sure you get the justice you deserve. We will support you every step of the way through this very emotional time and guide you in making the best decisions for your future. We know there is no compensation possible to replace your loved one, but in Florida, you do have a 'right of action' available to you for wrongful death.

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  • 11/17/2021 0 Comments
    Is Your Child Owed Money? What are the Rights of Children if Their Parent is Killed at a Business

    If the parent of a minor child or an adult child is killed due to another's negligence, they have the option of suing for their loss. If the child is a minor, the claim would have to be filed on their behalf by either the executor of the deceased parent's estate or the surviving parent. If the minor child has lost both parents, the executor or whoever holds power of attorney can carry out the claim on behalf of the estate or the children.

     

    What Type of Compensation is Given to a Child Who Loses Their Parent to Wrongful Death?

    Some of the compensation available in a wrongful death is to compensate the surviving family member for the loss of resources they relied upon. Generally, less compensation is provided to adult children as they don't rely as heavily on the lost adult for financial support as a minor child would.

    If, as a family member of a parent who was killed at a business, you could seek damages for that parent's yearly income. Their income at the time of the killing would be calculated out for what should have been their expected working life. You are also able to seek damages for benefits, such as retirement savings or health insurance. These resources would have to have been lost due to your loved one's death.

    Economic damages in a wrongful death claim are intended to make sure the family's quality of life does not suffer because of their loved one's untimely death. Adult children and minor children's compensation are not calculated the same for compensatory damages, as adults do not rely on their parent's contribution as heavily as a minor child does.

     

    What are the Rights of Minor Children if Their Parent is Killed at a Business?

    A minor child is entitled to pain and suffering if they lose either parent in a wrongful death, even if there is a surviving parent. These types of lawsuits are painful for everyone involved.

    A wrongful death suit for a parent who has been killed at a business, or through a workplace hazard, often has attorneys using heartbreaking videos and pictures to build a case of how the loss is going to affect the child. A strategy of this type generally results in the child receiving greater pain and suffering damage valuations.

     

    What are the Rights of Adult Children if Their Parent is Killed at a Business?

    Limitations are placed on adult children who have lost a parent in wrongful death. The claim can only be filed if the parent killed does not have a surviving spouse.

    In Florida, this law means that if your mother was killed in wrongful death, but your father has survived her, it is assumed you would still have parental companionship from him. Since you still have parental companionship, the law feels you do not require compensation for pain and suffering.

     

    Purpose of Wrongful Death Compensation

    Compensation for wrongful death is not a value judgment. When looking at the compensation for a person's death who had children versus one who did not have kids, it would seem more value is placed on the parent killed. Compensation for wrongful death is not a judgment on who the person was, but rather on what their loss means or causes to surviving family members.

     

    Where to Learn More About Wrongful Death Compensation

    Batts-Daniels Law understands Florida law and we are here for you to help you understand the laws that will make sure you get the justice you deserve. We will support you every step of the way through this very emotional time and guide you in making the best decisions for your future. We know there is no compensation possible to replace your loved one, but in Florida, you do have a 'right of action' available to you for wrongful death.

    Read More
  • 10/20/2021 0 Comments
    Hit by a Commercial Vehicle- Not Your Average Case

    A lot of businesses use a commercial vehicle for making local deliveries, for advertisement purposes, transporting staff, or one of many other reasons. Typically, if you are involved in an accident, the driver is responsible. However, if the driver of the other vehicle is performing a duty for their company in their company vehicle, the business may have to share some of that responsibility.

    • Definition of a Commercial Vehicle 
      • In the U.S. a vehicle that has been designated as 'commercial' is registered or titled to a company. It is a broad definition as commercial vehicles can also be a fleet of cars or other vehicles used by a business. 

    Who is Responsible for a Commercial Vehicle Accident?

    The driver of a vehicle is typically held responsible when they are at fault for an accident in which harm occurred. A driver of a commercial vehicle is personally responsible as well if they cause injuries whether the vehicle they were in was an 18-wheeler, a pizza delivery car, a utility van, or any other form of vehicle.

    Filing a claim against this driver will follow typical rules for car accidents under Florida law. If you've been injured by a driver of a commercial vehicle, you can file a personal injury claim to seek compensation for these damages.

    Any time you are involved in an auto accident that involves a driver of a commercial vehicle, talk to Batts-Daniels Law to learn what your legal options are.

    You may also be able to sue the company the driver works for. Under Florida law there is a 'vicarious liability' also called the 'respondeat superior.' This law allows victims of injuries sustained in an accident involving a company vehicle to sue the business the vehicle is owned by. This rule is only allowed if the driver was actively engaged in their work duties at the time of the accident.

    Being able to sue the business that owns the commercial vehicle which injured you, allows you to recover a higher level of compensation. The company or business may be able to cover more damages than a delivery truck driver or other employee using a commercial vehicle would be able to cover.

    Factors That Could Make Business Responsible for Commercial Vehicle Accident

    A factor that could make the business responsible for an accident is if they failed to keep the vehicle safe. If the driver was operating a vehicle that was malfunctioning or broken, worn down tires, or any other factor that made the vehicle a danger on the road, the business could be directly responsible.

    The business can also be directly liable for putting an unsafe vehicle on the road by hiring a negligent driver. If a driver has a history of dangerous driving or has a record of serious traffic violations, it could justify a lawsuit against the business. One factor that would raise red flags is if the driver hired has a drunk-driving history.

    What You Should do if Hit by a Commercial Vehicle

    Like a vehicle accident, being hit by a commercial vehicle is going to be difficult. There is often confusion following an auto accident, and sometimes it may be difficult to know what actions you should take. The first thing to do is make sure you are safe. Then, you should call 911.

    If your injuries are too serious to allow you to stay and gather evidence, go with the ambulance and seek the recommended medical attention. If you can gather evidence, get the license number and registration for the vehicle, take photos of the scene and get the contact information for any witnesses, the driver, and the company the driver works for.

    Who to Contact if You are Hit by a Commercial Vehicle

    After a crash with a commercial vehicle, you may be able to file claims against multiple parties. To ensure you get the compensation you deserve, call Batts-Daniels Law and learn what your options are for recovering from your injuries. We are ready to make sure you receive the best outcome for past and future medical bills, loss of earnings, pain, and suffering from our aggressive representation.

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  • 10/20/2021 0 Comments
    Apartment Shootings- Rights of Residents and Guests

    A shooting can happen anywhere in today's world. These vicious occurrences can happen at the shopping mall, bar, gas stations, campuses, or any other public or private property. Florida is third in the United States for having a large number of mass shootings, but often a shooting involves one or two victims.

    The shooter is responsible for the attack, but if an attack occurs at an apartment complex, managers and property owners may also have legal responsibilities. They have the legal responsibility to provide adequate security for guests and residents, and if they have failed at this, there can be legal repercussions.

    Responsibility of Apartment Shootings

    It is common for a lawsuit to follow a shooting that has occurred at an apartment complex. Property owners have a 'duty of care' under Florida law. If you have been a victim of a shooting, or someone you love has experienced this terrible event, you may have a claim against the property owner. If a property owner in Florida has been negligent in protecting their residents and guests against potential, foreseeable dangers of a shooting, they can be held responsible.

    Determining a Foreseeable Crime

    There are several factors taken into consideration in determining a foreseeable crime:

    • The crime rate in the location of the apartment complex
    • If there have been similar crimes on the property or in similar types of property
    • If the shooter had posed a known threat

    Who Can File Death Lawsuit in Shooting Event

    Not everyone is allowed under the law to file a death lawsuit after a shooting. These are those who can:

    • The spouse of the victim
    • The victim's children under the age of 25
    • If the victim does not have a spouse, their children over the age of 25
    • If there are neither children nor a spouse of the victim, the surviving parents can file a lawsuit
    • Blood relatives who are financially dependent on the victim

    Premise Liability in Florida

    Premises liability in Florida allows for managers and property owners to be held responsible for crimes and injuries such as a shooting that happens on their property due to negligent security or unsafe conditions.

    Florida law states property owners have a 'duty of care' to customers, residents, and guests to maintain a property that is safe, and hazard-free, of conditions that would encourage crime.

    The 'duty of care' is, however, limited. A property owner is not required to warn visitors if a hazard is obvious, and they are not expected to protect residents and guests about unforeseeable risks. An example would be that a property owner cannot protect residents and guests from an earthquake, and they cannot plan and foresee all types of crime.

    There are certain elements, when met, where a property owner can be held responsible. If you have been involved in a shooting at an apartment complex, contact Batts-Daniels Law to learn if your case qualifies under premises liability. 

    When is a Property Owner Responsible for a Shooting?

    Premises liability is difficult to take to court, but there are situations where a property owner can be held legally responsible for a shooting by a third party. Most cases involve negligence to provide adequate security. These are the other situations that would have to be proved to file a premises liability case:

    • The apartment complex owner could foresee a shooting or violent crime was possible and did not provide adequate security
    • The premises owner owed a 'duty of care' to the victim
    • The breach of 'duty of care' led to an injury
    • The victim suffered damages in the shooting

    Who to Contact if Involved in an Apartment Shooting

    Batts-Daniels Law has over 45 years of combined legal experience and fights aggressively to protect your rights and ensure you receive the compensation you deserve. We have helped victims who have suffered from shooting at apartment complexes, convenience stores, gas stations, and more. If you have been a shooting victim, contact our office and learn how we can help you.

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