South Florida Injury Lawyer Blog

Camp LeJeune Bill – Can You Get Compensation?

Published on: April 18, 2023 | Anthony Quackenbush, Esq.

We have many military personnel and retirees living here in Florida. If you ingested water from Camp Lejeune, it is important you understand the Camp Lejeune Justice Act (CLJA). Enacted in August 2022, the CLJA gives injured parties a two-year window to sue the federal government for injuries sustained due to the water contamination at Camp Lejeune between the years of 1953 and 1987.

Camp Lejeune was one of the worst water contamination disasters in U.S. history. Wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month into the surrounding soil. This was known for years and the problem was hidden, ignored, or downplayed. Another source was a dry cleaner outside the base, which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base.

Significant negligence and intentional deception and concealment allowed this toxic environment to continue long after the problems were discovered, leading to a great outcry for justice. Generally, service members cannot sue the federal government for injuries sustained while in military service, but the CLJA allows the victims of Camp Lejeune to sue the government for this gross negligence.

Nursing Home Abuse in Florida

Published on: April 4, 2023 | Anthony Quackenbush, Esq.

Nursing home abuse and neglect are, sadly, not uncommon. In 2020, over 15,000 complaints were filed with nursing home ombudsmen throughout the country (the ombudsman is someone who handles long-term care complaints in each state). Undoubtedly, many more cases go unreported.

According to the National Center for Victims of Crime (NCVC), nursing home abuse complaints in 2018 included:

29% physical abuse

Suing for Serious Issues with Airbnb or Vrbo in Florida

Published on: March 28, 2023 | Anthony Quackenbush, Esq.

Airbnb and Vrbo (“Vacation Rentals By Owner”) give property owners the opportunity to rent out their units to travelers in our great state of Florida. But while these two companies have policies and requirements for the rental units and hosts, by the very nature of the service, they do not have the level of oversight or control that a hotel would have. While most hosts keep their units safe and in good repair, since they want good reviews and future business, some rentals are disastrous and can cause serious harm to guests.

You have the right to a safe visit while you’re in Florida. Airbnb and Vrbo as well as the individual renters should be held liable if you are injured during your stay due to their negligence.

Major issues in Airbnb and Vrbo

What Can I Do If I’m Injured by Florida State or Local Government?

Published on: March 16, 2023 | Anthony Quackenbush, Esq.

It is legal to sue a Florida governmental body for injuries due to negligence, but it must be handled differently and more quickly than when suing an individual or business. It’s best to contact a personal injury lawyer as soon as possible to avoid losing your right to sue. As a personal injury attorney in Florida with expertise in pursuing legal claims against state and municipal entities, I will quickly examine your case and determine how to help you.

When you can sue the government

Florida law permits individuals to sue government bodies if:

Cosmetic Surgery and Medical Malpractice in Florida

Published on: March 12, 2023 | Anthony Quackenbush, Esq.

Cosmetic surgery is elective surgery, generally for the purpose of changing a person’s looks. Surgery to remove significant scarring or to repair a deviated septum would not generally be considered cosmetic surgery, as they are repairing some part of the body that is damaged or not working properly.

Examples of cosmetic surgery include:

face lift, neck lift

How to Know if Medical Intervention Is Safe

Published on: March 6, 2023 | Anthony Quackenbush, Esq.

Not all medical care is necessary, adequate, and safe. In fact, medical intervention can cause harm resulting in substantial and lifelong injury. Medical intervention can come in the form of medication, surgery, medical devices, and therapies. Whenever you are given a medical recommendation by a doctor or other medical specialist, always do your research to make sure it’s safe. After all, you’re the one who will have to bear the consequences if the doctor is wrong. As a Florida personal injury lawyer, I’ve seen many people permanently harmed by medical malpractice; please follow these steps to avoid being hurt.

Inform your medical team

Make sure your entire medical team is aware of your medical history, including:

Your Rights and Responsibilities as a Tenant in Florida

Published on: January 15, 2023 | Anthony Quackenbush, Esq.

The Florida Fair Housing Act of 1968 was designed to protect tenants from unfair treatment by landlords. The current Florida Statutes incorporate these principles and lay out the rights and responsibilities of both the landlord and the tenant. Read Do’s and Don’t’s: What Your Florida Landlord is Responsible For to learn about the landlord’s responsibilities.

Tenant’s responsibilities

The tenant’s responsibilities are defined in 2017 Florida Statutes paragraph 83.52:

Dos and Don’ts: What Your Florida Landlord Is Responsible For

Published on: January 3, 2023 | Anthony Quackenbush, Esq.

Landlords and property owners who rent out their property to tenants must fulfill certain legal obligations in Florida. Under Florida law, tenants are equal parties with the landlord and have rights and responsibilities, just as the landlord does.

What the landlord can’t do

The Florida Fair Housing Act of 1968 protects Florida tenants from unfair or unsafe landlord behavior. Under this law, landlords may not:

Traumatic Brain Injury

Published on: December 27, 2022 | Anthony Quackenbush, Esq.

Traumatic Brain Injury (TBI) is a leading cause of death and disability for both adults and children in the United States. According to the Department of Neurosurgery at the University of Florida, 1.4 million Americans sustain TBI each year; about 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released. But often those treated and released have sustained injuries that were not properly recognized, and their injuries go undiagnosed for too long.

What is TBI?

A TBI is caused by a bump, blow, jolt, or other injury to the head that disrupts the normal function of the brain. The most common causes of TBI are falls, vehicle accidents, and being struck by or against an object. Vehicular accidents are the leading cause of TBI resulting in hospitalization or a visit to the ER.

Telehealth and Medical Malpractice

Published on: December 22, 2022 | Anthony Quackenbush, Esq.

Telehealth, also called telemedicine, is a rapidly-growing healthcare option in Florida and throughout the country. During the pandemic lockdowns, when it was difficult to see a doctor, telehealth seemed like an ideal answer to patients’ needs to receive medical attention. Indeed, for many people, it was very helpful; but for some, telehealth did not resolve their problems and led to a delay in appropriate treatment.

While telehealth may seem easy and convenient, many things can go wrong. Accurate diagnosis can be a challenge when the doctor and patient are in the same room, but it becomes significantly more difficult when the doctor is not able to examine the patient.

What can go wrong