South Florida Injury Lawyer Blog

Medical Malpractice and COVID-19: Do I Have a Case?

Published on: December 18, 2020 | Anthony Quackenbush, Esq.

These are unprecedented times in the medical field. The novel coronavirus, also called COVID-19, caught the medical world unprepared. There is no question that some people experienced serious harm and death while under the care of a physician who used procedures that have since been proven to be less effective or in fact harmful. The question is, do you have a malpractice case?

The answer is unclear because it depends on your particular circumstances. It’s best to talk to an experienced malpractice lawyer to review the details of your situation. In order to prove medical malpractice, we need to prove that the healthcare provider or institution violated the standard of care, an injury occurred due to this negligence, and the injury resulted in serious damage.

The problem is that there has never been a situation quite like this before; therefore the “standard of care” for a COVID-19 pandemic has not been set. Quite a few COVID-related lawsuits have been filed, and the legal definition of “standard of care” will probably evolve for some time as these cases are settled.

Hit by a Drunk Driver – What You Should Do

Published on: November 18, 2020 | Anthony Quackenbush, Esq.

Driving under the influence (DUI) is automatically negligence since it is a crime in Florida to drive intoxicated. If you are hit by a drunk driver in Florida and you sustain injuries, you may be able to sue for medical expenses, pain and suffering, and other damages. Whether you were a pedestrian, in a vehicle, or on a bicycle or motorcycle at the time of the accident, be sure to see a doctor, report the accident to the police, and if necessary, reach out to a personal injury lawyer.

What Defines DUI

In Florida, a minor (under 21) is considered DUI if the person’s blood alcohol content (BAC) is .02% or more. If 21 or older, BAC of 0.08% is considered intoxicated, and if driving commercially, the level is .04%. Many drivers will not even feel particularly impaired or only “buzzed” at this level. However, if police officers arrive on the scene and find that the driver’s alcohol level is over the limit they are automatically considered negligent and have committed a crime.

Wrongful Death in Florida – Who Can Sue and What You Can Do

Published on: November 17, 2020 | Anthony Quackenbush, Esq.

Losing a loved one is never easy, but losing a loved one to an accident or event that could have been avoided adds the pain of injustice to the pain of loss. If you have lost a loved one through an event that you believe was caused by negligence, please contact an expert in wrongful death cases to help you. Wrongful death lawsuits require an expert because they are not as straightforward as they may seem.

What is Wrongful Death?

The right to sue in the case of wrongful death is established in Florida’s Wrongful Death Act that specifically states:

Injured by an Uber or Lyft Driver in Florida? Know Your Rights

Published on: November 13, 2020 | Anthony Quackenbush, Esq.

Seeking compensation after being injured by an Uber or Lyft driver in Florida is similar to seeking compensation for any car accident, but the involvement of a rideshare company complicates things. There are many factors that affect who is liable and how much compensation you can seek, depending on the accident details. For this reason, it is best to contact an experienced personal injury lawyer as soon as possible after an accident.

Personal Insurance Protection (PIP)

After any car accident in Florida, drivers turn to their own insurance plans’ PIP coverage for the first $10,000 of medical expenses, regardless of who is at fault. There are factors and exclusions in the law, so the entire $10,000 may not be available in your particular case. After your personal insurance has covered as much as is allowable, you may then turn to other parties for further 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.

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: