Personal Injury

What Do You Do When Your Insurance Claim Is Denied?

Published on: December 21, 2020 | Anthony Quackenbush, Esq.

In a personal injury case, you are probably dealing with multiple insurance policies, depending on the details of your situation. You could have claims for health insurance, auto insurance, a third party’s insurance, homeowners insurance, or business insurance. This is a lot for the average person to handle since most people are not dealing with insurance claims on a regular basis and don’t understand all the details, loopholes, and fine print that insurance companies often use to calculate their payout.

If your insurance claim is denied in connection with an injury or accident, reach out to a lawyer to determine if you have a case for a personal injury lawsuit. In many cases, the insurance company may claim that your injury or accident is not covered, the procedure isn’t covered or wasn’t medically necessary, or there is insufficient evidence to prove the company is responsible for reimbursing you.

As an expert personal injury lawyer in Florida dedicated to “fighting for the little guy,” I handle these details every day. I will help you determine whether you have a case, then work tirelessly to collect all the evidence you need through documentation, investigation, and research to create the strongest case for you. I will discover every avenue that can be taken and every party responsible, in order to provide you with sufficient compensation.

Can You Sue If Your Child Is Injured in a Fraternity Party in Florida?

Published on: November 12, 2020 | Anthony Quackenbush, Esq.

Injuries at fraternity parties are not uncommon. Not only is a lot of alcohol often consumed, even by minors, but a lot of “partying” of other sorts – dancing, rough-housing, using drugs – may also take place, which can lead to injuries to those involved with the behavior as well as to innocent partygoers who are behaving themselves and acting with decorum. Other issues at fraternity parties may involve the quality or condition of the building itself.

A variety of types of incidents can happen at a fraternity party: falling from a balcony; slip and falls from wet floors; health issues after alcohol poisoning; fights; even falling through shoddy construction. In just one example, a floor collapsed at a Clemson University fraternity party on the floor below because of the weight and force of many people dancing.

As with all personal injury cases, it is necessary to prove that the defendant had a duty of care and that the defendant breached that duty. The defendants, depending on the situation, could be the hosts, the university, the owners of the property, or other individuals involved.

Injured on a Vacation in Florida? You Have Rights

Published on: July 23, 2020 | Anthony Quackenbush, Esq.

More than 100 million people visit Florida each year from out-of-state or overseas. Florida is full of wonderful destinations, hotels, beaches, and resorts. Everyone comes to have a great time, but sometimes things go wrong. If you or a loved one has been injured while on vacation in Florida, you may wonder what you can do to be compensated for another party’s negligence. Just as in your home state, you have the right to sue for damages. You must do so within the statute of limitations and prove the accident, injury, or illness took place in Florida. The statute of limitations for a personal injury case against another party in Florida is four years; against a government body, three years; for a wrongful death case, two years.

Types of Accidents

Car accidents are among the most common sources of injury while on vacation. Many people drive to Florida in their own cars, while others rent cars or use a service, such as a taxi, shuttle bus, Uber, or Lyft. As with any accident, it is critical to get identification and insurance information from the other driver, take pictures, and get medical attention as soon as possible. If the police are called to the scene, you should also obtain an accident report.

How Much Does a Personal Injury Lawsuit Cost?

Published on: June 30, 2020 | Anthony Quackenbush, Esq.

In most personal injury cases, attorneys agree to represent clients for a contingency fee, meaning they receive payment based on the compensation received by their clients. Additional costs are inevitably incurred, but the costs vary based on the particular case.

If your case is settled before filing a lawsuit, your costs, beyond the attorney’s contingency fee, will be low. There will most likely only be administrative fees such as photocopies of official documents, travel expenses, and other miscellaneous costs. Court cases, however, can include a number of other expenses.

Court costs: There are numerous court costs, including the filing fee, jury stipends, summons filing, stenographer fees, deposition costs, and more.

Can the Time to Accept a Proposal for Settlement be Extended?

Published on: April 25, 2020 | Anthony Quackenbush, Esq.

Can the Time to Accept a Proposal for Settlement be Extended?

Although the case law isn’t entirely clear on whether or not the time to accept a proposal for settlement can be extended, there are certainly good arguments that it cannot. For example, Florida Statute 78.79 and Rule 1.442 contain no provision for extending the time to respond to a Plaintiff’s proposal for settlement. In contrast, they state in no uncertain terms that a proposal for settlement must be responded to within 30 days.

Additionally, at least one Court has found that a motion to enlarge the time to respond to a proposal for settlement does not toll the acceptance period. State Farm Mut. Auto Ins. Co. v. South Florida Med. Health Center, 24 Fla. L. Weekly Supp. 21 (Fla. 11^th Cir. Ct. 2016). In that case, the Plaintiff filed a motion to enlarge the time to respond to a proposal for settlement. After the motion was filed, the Defendant never withdrew the proposal for settlement – and the Plaintiff subsequently accepted the proposal for settlement on the 40^th day after the proposal for settlement was conveyed. The appellate Court held that the motion to enlarge did not toll the acceptance period. The Court pointed out that Florida Statute 768.79 and Rule 1.442, which govern the use of proposals for settlement, must be strictly construed to permit only 30 days to accept a proposal for settlement.

Documents You Need for a Malpractice or Injury Lawsuit

Published on: April 15, 2020 | Anthony Quackenbush, Esq.

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit.

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products.

When Should I File a Personal Injury Lawsuit in Florida?

Published on: March 26, 2020 | Anthony Quackenbush, Esq.

When it comes to personal injury lawsuits and compensation, it is best to begin talking to a lawyer as soon as possible. Whether you’ve been in a car accident, injured at work or in a public place, or experienced medical malpractice or other injury or illness, your lawyer will need to collect evidence while it is available and question witnesses while things are fresh in their minds, then file before the statute of limitations deadline.

Statutes of Limitations

Florida Statutes Section 95.11 governs how much time a person has to file a lawsuit. The limitations vary depending on the type of crime, injury, or incident. In cases of personal injury, limits range between two and four years, as listed below: