Florida personal injury attorney

Proving Fault and Injury in Florida

Published on: September 22, 2024 | Anthony Quackenbush, Esq.

If you believe you have been injured because of the negligence of a person, business, government agency, or other entity, you have the right under Florida law to sue for compensation. However, there are certain requirements in a personal injury case that must be fulfilled in order for your case to proceed including proving fault and injury.

Personal injury cases

Most people think first about car accidents or slip-and-fall cases as personal injury cases, but there can be many other situations in which a person is injured due to someone else’s negligence. These may include:

What is an Independent Medical Examination?

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

An independent medical examination (IME) could be critical to your Florida injury claim. Simply put, this evaluation is performed at the request of the insurance company or defendant in a case regarding worker’s compensation or personal injury. This includes injuries caused by auto accidents, slip and falls, defective products, injuries on public or private property, and work-related injuries.

Personal injury claim

Florida law requires that the plaintiff in a personal injury case prove:

Birth Injuries Due to Negligence

Published on: August 27, 2024 | Anthony Quackenbush, Esq.

The birth of a child should be one of the happiest days in a parent’s life. However, when something goes wrong and the mother or the child is injured, it is heartbreaking, especially when the injuries could have been avoided. As a Florida personal injury attorney, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence.

In the past, childbirth was extremely dangerous for mother and child. Due to dramatic improvements in healthcare, hygiene, and nutrition, injury or death during delivery is now a rare occurrence. That is why it is so shocking and heartbreaking when birth injuries do occur.

Causes of birth injuries

Types of Accidents and Compensation in Personal Injury Cases

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

Florida personal injury lawsuits can be filed for many types of injuries or losses, caused by a wide variety of incidents. If you were injured due to someone else’s negligence, you will want an experienced personal injury attorney to help you navigate the legal system, one who knows the intricacies of personal injury law and how to research and present your claim to maximize your compensation.

Demonstrating negligence

A personal injury lawsuit stands on four pillars, which could be called the “4 Ds”:

Assessing Cognitive Impairment after an Accident

Published on: August 2, 2024 | Anthony Quackenbush, Esq.

If you have experienced an accident of any kind in Florida, whether it’s a slip or fall; an accident involving a car, recreational vehicle, or bike; a water sports accident; or an accident at an amusement park, public event, or hotel or rental property; please seek medical attention immediately, especially if there has been any injury or jolt to your neck or head. Do not enter into an agreement with any insurance company before sufficient time has passed to determine your level of injuries.

In Florida, anyone involved in a car accident must be examined by an approved medical provider within 14 days of the incident in order to be eligible for PIP coverage. PIP (personal injury protection) covers up to $10,000 of medical bills and lost wages. So that’s the first step for any accident involving an automobile, even if you were walking or riding a bike when the accident occurred. But that’s only the first step.

Regardless of the type of injury, get a thorough examination to officially document your injuries and your condition at the time of the accident, keeping in mind that injuries often appear in the days or weeks following an accident. Cognitive injuries can sometimes take a little while to recognize because you might consider them normal at first. You’re shaken up by the accident, maybe emotionally upset. But these emotions should not linger and various cognitive problems are a sign of injury.

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:

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.

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