Florida personal injury

Injured While Riding a Bicycle in Florida

Published on: December 18, 2024 | Anthony Quackenbush, Esq.

Bicycle accidents can cause catastrophic injuries. Your body is completely exposed, and even a good bicycle helmet cannot protect you from the powerful impact of an oncoming vehicle. If you or someone you love has been injured due to an accident while riding a bicycle in Florida, please contact a Florida personal injury attorney who is experienced in bicycle accidents to help you receive the compensation you deserve.

Florida law

In Florida, a bicycle is considered a vehicle when riding on the road. Specifically, bicyclists are vulnerable road users, along with motorcyclists, skateboarders, pedestrians, and others not surrounded by the metal shell of a motor vehicle. There is currently no specific statute describing laws around vulnerable road users, but rules regarding bicyclists are sprinkled here and there in the statutes. For instance, Florida statute 316.083 states:

Injured on Spring Break

Published on: November 14, 2024 | Anthony Quackenbush, Esq.

Florida is a frequent destination for college students on spring break. And while for most kids it is an opportunity for much-needed relaxation and fun before finals begin, for an unfortunate few, spring break can bring serious injuries from accidents that take place while away from home.

If your child has been injured in Florida, the first step is to make sure he or she seeks immediate medical attention. The second is to make sure all critical documentation is collected to determine if the injury or accident was caused by someone else’s negligence, which could make your child eligible for compensation. As a Florida personal injury attorney, I know the types of accidents and injuries that can happen on spring break, I know what types of evidence you will need to collect, and I know how to present a solid case so that your child receives compensation for pain and injuries incurred due to someone else’s neglect.

Common injuries when on spring break

Proper Records Can Make or Break Your Florida Injury Case

Published on: November 6, 2024 | Anthony Quackenbush, Esq.

Florida law requires that someone filing a personal injury lawsuit be able to prove four things:

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

Navigating a Personal Injury Claim Caused by a Government Entity

Published on: October 25, 2024 | Anthony Quackenbush, Esq.

Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.

In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.

Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.

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.

How Social Media Affects Your Florida Personal Injury Case

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

If you have been in an accident or have been injured by someone else’s negligence, it is imperative that you not share anything about the incident or your case on social media. Ask friends and family to also refrain from commenting on your case, or anything about you, because it could be used against you in court or during negotiations.

If you are the plaintiff in a personal injury case (that is, the one who has been injured) the defendant will do whatever he can to prove he is not guilty or to shed doubt on the truthfulness of your claims or the degree of your injuries. On social media, we usually post the best pictures of ourselves – smiling, having fun, and doing interesting things. If you post anything like this, the defendant will argue that you are not as injured as you claim.

For instance, say you post a picture of yourself out to dinner with friends, smiling. You may, in fact, be in terrible pain and are getting out of the house for the first time in a month. However, the defendant could argue that this is evidence that you are not being truthful about the degree of your injuries.

What Is a Catastrophic Injury?

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

If you have experienced an injury in Florida due to another person’s negligence, you may be entitled to compensation for your losses, medical bills, pain, and suffering. Catastrophic injuries can lead to significant financial awards because of the extreme impact that such injuries can have on a person’s life. But you need to engage the services of an expert personal injury attorney who knows how to demonstrate the full breadth of damage to receive just compensation.

Definition of a catastrophic injury

What constitutes a catastrophic injury? Generally, “catastrophic” refers to an injury that causes significant damage that dramatically impacts your life and is expected to persist over an extended period of time, perhaps permanently.

What Is Mesothelioma?

Published on: January 26, 2024 | Anthony Quackenbush, Esq.

Malignant mesothelioma is a form of cancer that forms in the thin tissue layers of our internal organs, called the mesothelium. Most mesothelioma is in the lungs, called pleural mesothelioma. A rare form is found in the lining of the abdomen, called peritoneal mesothelioma. This aggressive and deadly cancer has been diagnosed on rare occasions in other internal organs, such as around the heart tissue and testes. However pleural mesothelioma is the most common. While there are treatments that can help to slow its progression, this form of cancer is virtually always deadly.

Symptoms of pleural mesothelioma include:

Chest pain