South Florida Injury Lawyer Blog

Takata Airbag Recall – What to Do If You Were Hurt

Published on: February 12, 2021 | Anthony Quackenbush, Esq.

Can you sue over an airbag recall if you were injured? Nearly 67 million airbags built by Japanese auto parts maker Takata were recalled in 2019 and 2020. This is a critically important recall, which the National Highway Traffic Safety Administration (NHTSA) has called “the largest and most complex safety recall in U.S. history.” Nineteen different automakers have used these defective airbags in multiple car models.

The problem is in the metal cartridge within the airbag, which is loaded with propellant wafers that cause the airbag to quickly inflate upon impact. High humidity, high temperatures, and age can cause the system to become unstable and the cartridge to ignite and explode upon impact, sending metal shards throughout the car. So far, this defect has caused 17 deaths and over 200 injuries in the United States alone.

The problem, according to the NHTSA, is the use of an ammonium-nitrate-based propellant without a chemical drying agent. What makes this situation particularly troubling is that there is some evidence that Takata was aware of the potential danger before going to market with these airbags.

Evidence in Your Florida Personal Injury Case

Published on: February 11, 2021 | Anthony Quackenbush, Esq.

If you’ve experienced a personal injury in Florida and have not received sufficient compensation for your injuries and losses, it’s critical to collect as much evidence as possible to support your position. The stronger the evidence, the stronger your case and the greater your chances of just and fair restitution for the harm you’ve experienced.

Try to collect as much evidence as you can, but don’t wait until you think you’ve collected enough before you talk to an attorney. I know from my years of experience as a personal injury lawyer in Florida the kinds of evidence I will need in order to build a powerful case for you.

Strong Evidence for Your Case

Slip and Fall Injuries – What You Need to Do

Published on: February 8, 2021 | Anthony Quackenbush, Esq.

In Florida, if you have been seriously injured in a slip and fall on someone else’s property, you may be able to receive compensation. The success of the case depends on demonstrating the property owner’s negligence (or in some cases, the renter’s negligence). This is known as “premises liability.”

Premises liability refers to the legal responsibility of owners to maintain an environment that is safe and free from defects that could be hazardous. There are several kinds of premises liability — homeowner liability, renter and landlord liability, and business owner liability.

Types of Hazards

You Think You Can Sue – Now What?

Published on: February 4, 2021 | Anthony Quackenbush, Esq.

If you have experienced an illness or injury and you believe it is due to the negligence of another person, business, or other legal entity, you may have a personal injury case. The requirements for a personal injury case are:

The one who caused your injury owed you a duty of care
The person or business was negligent in that duty

COVID-19 Business Interruption Insurance Claims – An Update

Published on: January 28, 2021 | Anthony Quackenbush, Esq.

In the greater Fort Lauderdale area, businesses have been hit hard by the shutdowns and slowdowns caused by the pandemic and we look to what is happening across the country for guidance. Hundreds of business interruption insurance claims have been filed across the country on behalf of businesses, both large and small, seeking coverage from their business insurance policies for losses due to COVID-19. Many lawsuits have been dismissed by the courts, but some have successfully moved forward. By analyzing the successful cases, law firms and attorneys are beginning to see winning strategies to ensure their clients get the compensation they deserve under their insurance policies for losses due to the COVID-19 pandemic.

Insurer Arguments

Insurers argue that the purpose of business insurance is to cover tangible items and to compensate for physical loss or damage. This has been a powerful argument before the courts, with many judges rejecting claimants because they have not demonstrated distinct, demonstrable physical alteration of their facilities.

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.

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.