South Florida Injury Lawyer Blog

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.

Proving Medical Malpractice in Florida

Published on: June 4, 2020 | Anthony Quackenbush, Esq.

Proving medical malpractice in Florida can be challenging, but if you or a loved one has experienced serious injury or death which you suspect was caused by medical malpractice, you should seek legal help from an experienced, dedicated, medical malpractice attorney.

Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For medical malpractice purposes, “standard of care” refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances.

Therefore, in order to demonstrate medical malpractice in Florida, you must show that the healthcare provider owed you a duty of care, that the provider fell below that standard, that you suffered injury or damage that was caused by the healthcare provider’s breach of duty, and that injury or damage can be demonstrated legally.

Can I Pursue a Business Interruption Claim/Lawsuit?

Published on: May 3, 2020 | Anthony Quackenbush, Esq.

If your business has experienced an interruption due to the Coronavirus/Covid-19 crisis, contact The Quackenbush Law Firm. You may be entitled to compensation through your business interruption insurance coverage. If you did not have business interruption insurance coverage at the onset of the crisis, you may have had another insurance policy that could afford you coverage.

Many companies purchase business interruption insurance coverage to protect them in the case of a crisis which prevents their business from operating. When an emergency such as the Covid-19/Coronavirus crisis occurs, insurance companies who sold such policies should provide compensation to their customers. However, unfortunately they do not always do so. This can obviously be a crushing blow to businesses struggling to stay afloat.

The Coronavirus/Covid-19 crisis has caused staggering levels of business interruption. Insurance companies are receiving a record number of claims. As a result, many insurance companies are shirking their responsibilities and denying legitimate claims. Businesses who have been loyally paying premiums for years are now being denied compensation for various reasons. It is quite a shock for a business which expected to receive help in the time of a crisis to suddenly realize that such help is not coming. If this occurred to your business, contact The Quackenbush Law Firm.

Injured in an Accident Involving a Texting Driver

Published on: April 29, 2020 | Anthony Quackenbush, Esq.

Texting while driving is a primary offense in Florida. That means that a police officer can pull a person over for texting while driving. So if you have been in an accident and you suspect another driver involved in the accident was texting at the time of the accident, this could affect the determination of cause and therefore the amount of your compensation. It is critical to collect the proper documentation to prove texting while driving.

Sources of evidence

If someone involved in an accident was texting while driving, this can be proven in several ways:

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.

Liability for Pedestrian Accidents in Florida: Can You Get Compensated?

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

Florida’s no-fault laws require every driver to carry personal injury protection (PIP) offering up to $10,000 coverage for financial losses, such as medical bills or lost wages. In the case of an accident, your Florida PIP policy will be activated, even if you’re injured as a pedestrian.

However, injuries from a pedestrian accident can often be serious and resulting expenses can be high. That is why you should consider taking additional steps to recover financial losses and reimbursement for pain and suffering. But who is liable?

Determining negligence

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: