South Florida Injury Lawyer Blog

Risks of Malpractice in the Use of Telehealth Services

Published on: March 28, 2024 | Anthony Quackenbush, Esq.

Telemedicine, or telehealth, is becoming more and more common in our current medical climate, including here in Florida. An online visit is often easier to arrange than an in-person visit and is certainly extremely easy to attend since you don’t have to leave the comfort of your own home. Usually, telemedicine works very well and patients receive excellent care. Unfortunately, as with in-person health care, sometimes things can go wrong. Most of these mistakes are similar to in-person malpractice, but some are unique to virtual healthcare services.

Common types of malpractice or negligence

While the law recognizes that medical providers are human and can make mistakes, the level of precaution and care that is taken can determine whether that mistake rises to the level of negligence or malpractice.

Will Rental Car Insurance Protect You When Renting a Car in Florida?

Published on: March 13, 2024 | Anthony Quackenbush, Esq.

While you are not required to purchase insurance from the rental company, it might be a good idea to do so. Insurance can cover car damage or injury, in the event that you are involved in an accident.

If you have auto insurance already, you may not need to pay for additional coverage from the rental company. Most personal insurance policies cover rental cars, as well. However, check your policy or call the company to confirm and to determine if there are any limits or exceptions – for instance, renting certain types of vehicles or renting for extended periods of time. You may also want to fill in any gaps in your personal insurance with rental insurance.

Types of insurance coverage

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.

Product Liability – What You Need to Know

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

There are three types of product liability claims: defective design, defective manufacture, and failure to warn or instruct. You or a loved one can be injured by any type of product: a vehicle, household item, toy, recreational item, medical device, pharmaceutical or over-the-counter drug, or any other man-made product. As a Florida personal injury lawyer, I have helped many clients injured by a wide variety of products recover damages to compensate them for the injuries, loss of income, expenses, and pain and suffering caused by a company’s negligence.

Defective design

If a product is designed poorly, it could increase the risk of injury even during proper use of the item. Defective design is often the cause of many auto recalls, but unfortunately, some of those defects are not discovered – or at least not reported – until someone gets hurt. An electric blanket’s design may cause burns when set at the highest temperature or may short out, causing burns. Power tools may not include safety features, which exist but were not included in the design. Products designed for children may be choking hazards.

Should You Represent Yourself in a Personal Injury Case?

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

Representing yourself in court is called “pro se” – Latin for “for yourself.” If you are a personal injury attorney, you may be able to successfully represent yourself in a personal injury case. Short of that, the advantages of having an expert lawyer on your side far outweigh any perceived benefits of going on your own.

Why people may want to go pro se

Why do people sometimes want to represent themselves? Sometimes they perceive that hiring an attorney will be expensive. This is not true, since most attorneys, including our law office, work on contingency fees, meaning there is no upfront payment.

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

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).

Interviewing Witnesses in Your Personal Injury Case

Published on: January 3, 2024 | Anthony Quackenbush, Esq.

If you have been injured by someone else’s negligence, such as in an auto accident or due to a faulty product, animal attack, or malpractice, you have the right to expect compensation for your suffering and losses. In Florida, we follow the “pure comparative negligence” system, which means that in a lawsuit, fault is distributed between parties. As a personal injury attorney, it is my responsibility to present a preponderance of evidence demonstrating the fault of the other party in order to win for my client the highest possible monetary compensation for injury and loss. One of the strongest pieces of evidence is often testimony from witnesses.

Eyewitnesses and lay witnesses

Eyewitnesses are among the most powerful pieces of evidence in your case. The classic eyewitness is someone who was present at the time of the accident – car accident, slip and fall, injury on public or private property, product malfunction, dog attack, etc. Other witnesses include those who came along shortly thereafter and saw the aftermath or those who heard someone involved say something about the accident.

How We Investigate to Build Your Personal Injury Case

Published on: December 26, 2023 | Anthony Quackenbush, Esq.

A lot of research goes into building a solid personal injury case in order to provide powerful, indisputable evidence to win for you the highest financial compensation.

What you can do

The more documentation and evidence you can bring with you when you come to my Florida personal injury law office, the more quickly I will be able to evaluate your case and determine the next steps. The types of documentation you should bring with you include: