South Florida Injury Lawyer Blog

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:

Hit by an Uninsured Driver in Florida

Published on: June 12, 2024 | Anthony Quackenbush, Esq.

According to recent data, Florida has the highest percentage of uninsured drivers of any state, with over 25% of drivers being uninsured. If you are in a car accident caused by an uninsured motorist, you have several options to cover your expenses, starting with your own insurance.

Florida Insurance

Florida law requires that all vehicles be insured by a minimum of $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). These two coverages provide some financial compensation for expenses related to your physical injuries and any damage you cause to another car or other property.

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

Damage Caps in Florida for Car Accidents

Published on: May 21, 2024 | Anthony Quackenbush, Esq.

How much will I receive in my Florida personal injury case? This is a common question that I hear. The answer depends on the extent of your injuries and the degree of negligence of the other party. It also depends on the expertise of the lawyer. As an experienced personal injury attorney with a track record of winning significant awards for my clients, I know what questions to ask and where to look to provide you with the maximum compensation for your injuries.

Personal injury lawsuits can be filed for any situation in which you believe you have been hurt due to the negligence of another party. Car accidents are a common cause of injuries for which compensation may be sought. Others may include accidents involving other types of vehicles, such as bicycles, off-road recreation vehicles, boats, and jet skis; defective or dangerous product injuries; slip-and-fall or trip-and-fall cases; medical malpractice; animal attacks; and unsafe premises.

Regardless of the cause of the personal injury, Florida law applies no caps on economic or non-economic damages, collectively referred to as compensatory damages. Florida does have a cap on punitive damages, which a jury may impose upon the party at fault as a form of punishment when gross or willful negligence has occurred. The cap on punitive damages is three times the compensatory damages or a maximum of $500,000.

What are Compensatory Damages?

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

When you have been injured by someone else’s negligence, you may choose to file a personal injury lawsuit in order to seek compensation for your losses. Compensatory damages compensate you for losses you would not have suffered if you had not been injured. These losses may be tangible, such as financial expenses or property damage, or they may be intangible, such as the pain and suffering you endure.

There is no cap to compensatory damages in Florida. When I take on a personal injury case, I treat my client the way I would a family member or friend, uncovering every possible loss, expense, or complication to ensure that my client receives maximum compensation for his or her injuries.

Possible losses include:

Attorney-Client Privilege and Confidentiality in Florida

Published on: May 5, 2024 | Anthony Quackenbush, Esq.

If you are involved in a legal case in Florida, your communication with your attorney is covered under attorney-client privilege, as defined by the Florida Evidence Code. In addition, the Florida Bar’s Rules of Professional Conduct further outline attorney-client confidentiality. These two standards overlap in some areas but they are not the same and neither is absolute.

Attorney-Client Privilege

The attorney-client privilege applies when a client (or potential client) divulges information to an attorney for the purpose of legal advice. The intention of this privilege is to permit the client to confidently and honestly share information with his or her legal counsel in order to receive the best legal representation.

Injured in a Large Truck Accident

Published on: April 24, 2024 | Anthony Quackenbush, Esq.

Commercial trucks are big vehicles. When they cause accidents here in Florida, they are usually serious with significant damage to the people in the other vehicles. The difference between an accident with another car and an accident with a large truck, such as a construction vehicle or a tractor-trailer full of products, is that trucks are usually connected to big companies with big insurance companies behind them. And those companies are experts in limiting or avoiding compensation to injured parties. If you are involved in a truck accident, you will not get the fair compensation you deserve without an experienced personal injury lawyer.

As a lifelong Florida resident and personal injury lawyer, I’ve represented many injured parties who were hurt by a truck. Trucks cannot stop or accelerate as quickly as automobiles; they can’t take tight turns and they swing wide; they sometimes drive over the yellow dividing line in the road; they often go through yellow or red lights, simply because it is easier than stopping a huge load; and frankly, some truck drivers (not all, but some) act like they own the road. Any one of these factors can cause an accident that seriously injures drivers and passengers in smaller, lighter vehicles.

Building your case

Work with the Right Doctor If You Are Injured in an Accident

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

If you have been injured in an accident here in Florida, make sure you are treated by a doctor who is an expert in accident injuries, because not all doctors know what to look for, especially in car accident victims, slip-and-fall victims, and those injured by recreational vehicles or sporting equipment. Here in Florida, the vacation destination of the world, injuries are unfortunately not rare. As a personal injury attorney and lifetime Florida resident, I am committed to helping my fellow Floridians get the compensation they need when they are injured due to the negligence of others.

If medical personnel come to the scene of your injury, or if you are transported by ambulance to a hospital for immediate treatment, do not refuse such treatment. An immediate examination to find any obvious injuries and any possible internal bleeding or other critical medical emergencies is always a good idea. But be sure to follow up with specialists.

PIP Coverage