Personal Injury

Proving Fault and Injury in Florida

Published on: September 22, 2024 | Anthony Quackenbush, Esq.

If you believe you have been injured because of the negligence of a person, business, government agency, or other entity, you have the right under Florida law to sue for compensation. However, there are certain requirements in a personal injury case that must be fulfilled in order for your case to proceed including proving fault and injury.

Personal injury cases

Most people think first about car accidents or slip-and-fall cases as personal injury cases, but there can be many other situations in which a person is injured due to someone else’s negligence. These may include:

What is an Independent Medical Examination?

Published on: September 6, 2024 | Anthony Quackenbush, Esq.

An independent medical examination (IME) could be critical to your Florida injury claim. Simply put, this evaluation is performed at the request of the insurance company or defendant in a case regarding worker’s compensation or personal injury. This includes injuries caused by auto accidents, slip and falls, defective products, injuries on public or private property, and work-related injuries.

Personal injury claim

Florida law requires that the plaintiff in a personal injury case prove:

Types of Accidents and Compensation in Personal Injury Cases

Published on: August 14, 2024 | Anthony Quackenbush, Esq.

Florida personal injury lawsuits can be filed for many types of injuries or losses, caused by a wide variety of incidents. If you were injured due to someone else’s negligence, you will want an experienced personal injury attorney to help you navigate the legal system, one who knows the intricacies of personal injury law and how to research and present your claim to maximize your compensation.

Demonstrating negligence

A personal injury lawsuit stands on four pillars, which could be called the “4 Ds”:

Assessing Cognitive Impairment after an Accident

Published on: August 2, 2024 | Anthony Quackenbush, Esq.

If you have experienced an accident of any kind in Florida, whether it’s a slip or fall; an accident involving a car, recreational vehicle, or bike; a water sports accident; or an accident at an amusement park, public event, or hotel or rental property; please seek medical attention immediately, especially if there has been any injury or jolt to your neck or head. Do not enter into an agreement with any insurance company before sufficient time has passed to determine your level of injuries.

In Florida, anyone involved in a car accident must be examined by an approved medical provider within 14 days of the incident in order to be eligible for PIP coverage. PIP (personal injury protection) covers up to $10,000 of medical bills and lost wages. So that’s the first step for any accident involving an automobile, even if you were walking or riding a bike when the accident occurred. But that’s only the first step.

Regardless of the type of injury, get a thorough examination to officially document your injuries and your condition at the time of the accident, keeping in mind that injuries often appear in the days or weeks following an accident. Cognitive injuries can sometimes take a little while to recognize because you might consider them normal at first. You’re shaken up by the accident, maybe emotionally upset. But these emotions should not linger and various cognitive problems are a sign of injury.

SSI, SSDI, and Your Settlement

Published on: July 13, 2024 | Anthony Quackenbush, Esq.

Social Security, Social Security Disability Income (SSDI), and Supplemental Security Income (SSI) are distinct benefits with different purposes. Compensation from your personal injury lawsuit may affect SSI, but should not affect the others.

Social Security

Social Security payments are distributed to individuals who, over the course of their working careers, have paid into the federal Social Security system through FICA taxes. Since you have essentially already earned your Social Security payments after years of working and paying into the system, your settlement will not affect your Social Security.

Assault, Damage, or Car Stolen in a Parking Lot – Who Is Responsible?

Published on: July 3, 2024 | Anthony Quackenbush, Esq.

Florida’s Premises Liability Law holds property owners accountable for injuries sustained by individuals when the injury occurs on their property, including in a parking lot or parking garage. However, the details of the case must fulfill the following four criteria:

The property owner owed a duty of care (The individual who was injured was on the property legally)
The property owner failed in that duty

How Do We Prove Emotional Distress?

Published on: June 24, 2024 | Anthony Quackenbush, Esq.

When a person experiences physical injury and/or property damage due to someone else’s negligence in Florida, they often experience emotional distress as well. As an experienced personal injury attorney in Florida, I help my clients receive fair compensation for emotional harm along with compensation for injuries and/or property damages. Without some concrete, tangible claim, it is very difficult, though not impossible, to prove emotional distress was caused by a particular incident.

What is emotional distress?

Emotional distress is one form of non-economic damage often referred to as “pain and suffering.” Some examples of emotional distress are:

Food Poisoning and Allergy Injury in Florida

Published on: June 4, 2024 | Anthony Quackenbush, Esq.

Florida is the vacation capital of the world with more resorts and destination venues than anywhere else on Earth. There are likely more restaurants and food vendors than most places in the world. Restaurants and food sellers have a duty to provide their customers with safe food, free of contaminants that may cause food poisoning. They also have a duty to provide safe food to those customers who have informed them of serious food allergies or to inform the customer that they cannot guarantee non-contaminated food so that the customer can go elsewhere to eat.

If a restaurant or food seller has failed in either of these duties and has caused you harm, you have the right to compensation. However, food poisoning and allergy cases can be very different. You need an experienced and qualified personal injury lawyer who is familiar with the nuances of these cases to provide you with the best legal representation to win the highest possible award for your injuries.

Food poisoning

What are Compensatory Damages?

Published on: May 15, 2024 | Anthony Quackenbush, Esq.

When you have been injured by someone else’s negligence, you may choose to file a personal injury lawsuit in order to seek compensation for your losses. Compensatory damages compensate you for losses you would not have suffered if you had not been injured. These losses may be tangible, such as financial expenses or property damage, or they may be intangible, such as the pain and suffering you endure.

There is no cap to compensatory damages in Florida. When I take on a personal injury case, I treat my client the way I would a family member or friend, uncovering every possible loss, expense, or complication to ensure that my client receives maximum compensation for his or her injuries.

Possible losses include:

How Social Media Affects Your Florida Personal Injury Case

Published on: March 5, 2024 | Anthony Quackenbush, Esq.

If you have been in an accident or have been injured by someone else’s negligence, it is imperative that you not share anything about the incident or your case on social media. Ask friends and family to also refrain from commenting on your case, or anything about you, because it could be used against you in court or during negotiations.

If you are the plaintiff in a personal injury case (that is, the one who has been injured) the defendant will do whatever he can to prove he is not guilty or to shed doubt on the truthfulness of your claims or the degree of your injuries. On social media, we usually post the best pictures of ourselves – smiling, having fun, and doing interesting things. If you post anything like this, the defendant will argue that you are not as injured as you claim.

For instance, say you post a picture of yourself out to dinner with friends, smiling. You may, in fact, be in terrible pain and are getting out of the house for the first time in a month. However, the defendant could argue that this is evidence that you are not being truthful about the degree of your injuries.