personal injury

Bad Faith in Insurance Claims and Litigation

Published on: August 12, 2026 | Anthony Quackenbush, Esq.

When a person buys insurance in Florida, whether it is auto insurance, home insurance, fire, flood, or hurricane coverage, they expect to receive financial compensation when they have a claim, as stipulated by the policy, and receive it in a timely manner. Unfortunately, that is not always the case when a policyholder submits a claim. Sometimes, insurers use various tactics to delay, deny, or under-compensate claims. This is not acceptable behavior; it is considered acting in “bad faith,” and you have legal recourse to recover your full policy coverage plus damages.

Florida has laws that govern how insurance companies interact with their policyholders. In a nutshell, bad faith actions may include:

Unreasonable delays in responses and payments

Social Media and Your Florida Injury Case

Published on: August 1, 2026 | Anthony Quackenbush, Esq.

When you have been injured due to someone else’s negligence in Florida, you may have the right to compensation for your injuries, lost income, and other losses. This includes injuries sustained in any type of vehicle accident (on land, sea, or air), from unsafe premises, including hotels and public places, and from animal attacks and product malfunctions. It also includes recreational accidents (such as extreme sports, amusement parks, and other recreational activities widely available in Florida) and medical malpractice.

Whatever the source of your injury, it is critically important that you and your friends and family avoid sharing any information on social media that may jeopardize your case.

Proving negligence

Hearsay and Your Personal Injury Case

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

In personal injury cases, Florida statutes follow the federal law that prohibits the use of hearsay in court, with notable exceptions. These exceptions make it possible to present as evidence what would otherwise be considered hearsay. An experienced personal injury attorney will understand the nuances of these exceptions and will know how to utilize them to help you receive the compensation you deserve.

Hearsay defined

We’ve heard the saying “He said, she said” or “It’s his word against hers.” This is the situation the courts seek to avoid by banning hearsay. According to Florida Statute 90.801(1b), “‘Hearsay’ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” The following section (1c) clarifies a statement as an oral or written assertion or even non-verbal conduct if it is intended by the person as an assertion (an example would be a nod or shake of the head).

How to Negotiate a Settlement When You Are Injured in Florida

Published on: November 19, 2023 | Anthony Quackenbush, Esq.

When you’ve been hurt due to someone else’s negligence, whether it be an auto accident or some other vehicular accident, medical malpractice, slip-and-fall or other injury due to an unsafe environment, or product malfunction, you have the right to compensation for your pain, suffering, and expenses.

Never negotiate a settlement for injuries without the help of an experienced personal injury lawyer! Insurance companies are motivated to save as much money as possible. Your personal injury attorney is motivated to win the highest level of compensation possible for you. As a personal injury lawyer in Florida, I am committed to “fighting for the little guy” against the highly lucrative businesses, insurance companies, and medical institutions that have the financial resources to squash your efforts to recover damages due to their negligent behavior or faulty products.

Grounds for a personal injury lawsuit

Spinal Cord Injuries

Published on: September 25, 2023 | Anthony Quackenbush, Esq.

Over 12,500 spinal cord injuries occur in the U.S. every year, which can cause lifelong pain and disability for the victims. Car accidents are the leading cause of spinal cord injuries, with falls being the second leading cause. Motorcycle accidents and bicycle accidents are also among the top causes, along with diving injuries, medical and surgical complications, pedestrian injuries, falling objects, and extreme sports.

Florida is number one in the country for fabulous attractions, water sports, and other pastimes, some of which can lead to injuries. Unfortunately, we also lead the country in car accidents, primarily because we have so many visitors to our Sunshine State who may not know the area or may be distracted as they look for their destination.

If you have been injured in Florida, seek medical help immediately. If you believe the injury was due to someone else’s negligence, contact an experienced personal injury lawyer before making a statement to any insurer or signing any agreements. As a native Floridian and experienced personal injury attorney, I am committed to helping injured people receive fair compensation for all they have suffered due to the negligence of others.

How to Prepare For Your Personal Injury Lawsuit

Published on: September 17, 2023 | Anthony Quackenbush, Esq.

If you believe you have been seriously injured by someone else’s negligence, you may be eligible for compensation for your pain, suffering, and medical costs. In Florida, personal injury lawsuits are often filed due to vehicle accidents, slip and falls, faulty products, watersports accidents, and dangers in places such as parks, stores, rental units, or entertainment venues.

As a personal injury lawyer and life-long resident of Florida, I am committed to helping Florida residents receive fair compensation to help them cope with the injuries sustained by someone else’s negligence.

First steps when injured

Medical Release for the Other Insurance Company

Published on: September 8, 2023 | Anthony Quackenbush, Esq.

If you’ve been involved in any kind of accident in Florida, whether it was a car accident or other vehicular accident, a slip and fall, or any other accidental injury caused by someone else’s negligence, your insurance company and the other party’s insurance company will try to get your medical records. Do not sign a medical release form without first talking to our team, or you may be signing away your chances for a fair settlement.

Insurers may try to say that such medical release forms are routine. They may be routine for them, but they can be extremely detrimental to the injured party. Why? Because a medical release form will give the insurance company access to all your medical records, which they can and will use against you to limit or completely annihilate your claim.

How does that work?

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.

The Legal Terms of Your Personal Injury Case

Published on: April 12, 2022 | Anthony Quackenbush, Esq.

If you’re involved in a personal injury case in Florida, or you believe you have a case and are considering approaching a personal injury lawyer about it, there are some common terms you’ll likely hear. Your familiarity with them will help you understand your case better.

Common legal terms in personal injury cases

Plaintiff: the person who brings the complaint or the lawsuit. This can also be a group or party of people.

Hurt at a Music Festival or Other Public Event

Published on: January 10, 2022 | Anthony Quackenbush, Esq.

The deadly events at the Travis Scott concert on November 5, 2021, at Astroworld in Houston, have shone a glaring light on some of the dangers of attending a crowded public event. One would think that venues that frequently hold large events would have safety protocols in place to prevent tragedies, but unfortunately, that is not always the case. By taking a look at what went wrong in this event, you may be able to keep yourself safer when attending large venues with massive crowds. If you have ever been injured at a public event, you may be able to receive compensation for your suffering.

Duty of care

In a personal injury case, you need to demonstrate that a person or business owed you a “duty of care” and that the person or business was negligent in that duty. In other words, the venue had a duty to take serious precautions, with appropriate procedures and safety standards in place, and to make sure those procedures and safety standards are enforced and followed. Negligence means that the venue either did not have these precautions in place, or they were not followed.