Personal Injury

Navigating a Personal Injury Claim Caused by a Government Entity

Published on: October 25, 2024 | Anthony Quackenbush, Esq.

Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.

In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.

Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.

What a Deposition Is and How to Prepare

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

A deposition is a critical part of your Florida personal injury case. At a deposition, statements are taken from the parties involved or witnesses to the accident by lawyers for the opposing party or parties. The statements (depositions) are taken under oath, so you must tell the absolute truth, and any comments during the deposition can be used in a possible future court case.

Depositions also aid the defense attorneys in determining if they should settle a case rather than let it go to court. Court cases are long and expensive, and juries often favor the injured party, so if your deposition indicates that you have a strong case and that you would be viewed sympathetically by the jury, lawyers will often offer to settle. The stronger your deposition, the greater the likelihood that they will ask to settle and the greater the financial compensation they will be willing to offer.

For these reasons, I work with my clients so that they go into the deposition with confidence, fully prepared for what the defense attorneys may ask.

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