South Florida Injury Lawyer Blog

Assessing Fault in an Accident

Published on: July 28, 2026 | Anthony Quackenbush, Esq.

When it comes to automobile accidents, Florida follows a no-fault insurance policy. This means that drivers are required to carry Personal Injury Protection (PIP) on their auto insurance, which covers drivers (and passengers and family) when they are involved in an accident. There are certain rules and limitations, but essentially, it will cover up to $10,000 in medical expenses and up to $10,000 of lost wages.

The PIP law was enacted to decrease lawsuits, and it has succeeded in that respect. However, what if your medical expenses and lost wages far exceed what PIP covers, and/or you have also experienced significant property damage? In Florida, you may sue for additional compensation after PIP, and that is where fault comes in.

Understanding comparative fault in Florida

Psychological Trauma After an Accident

Published on: July 16, 2026 | Anthony Quackenbush, Esq.

Historically, Florida residents who experienced emotional distress due to the negligence of another person were not able to prevail in a personal injury lawsuit unless the psychological trauma was associated with a physical injury. This is referred to as the “impact rule.” In other words, a plaintiff cannot recover for emotional distress unless that distress arises from physical injuries caused by physical impact.

However, recent changes in the legal environment in Florida have opened up the possibility that, in certain clear-cut and serious cases, a victim who has experienced emotional or psychological harm, PTSD, or other mental health issue clearly caused by the accident or event may receive compensation when the emotional distress has led to physical harm—in a sense, the reverse of the impact rule.

Emotional Distress and the Impact Rule

Truck Accident Injuries in Florida

Published on: July 8, 2026 | Anthony Quackenbush, Esq.

Commercial trucks account for less than 5% of highway vehicles but 12% of all traffic fatalities. More than half of the miles logged by trucks each year are on the highways at high speeds. In some busy corridors, including in Florida, every fourth vehicle is a truck. Sadly, Florida has one of the highest rates of truck accident fatalities in the nation. The vast majority of the deaths are not of the truck driver—they are, sadly, victims in other vehicles involved in the accident.

Because of the size and weight of trucks and the frequently higher speeds, injuries from truck accidents are often more severe than car accidents. Some common severe injuries include:

Broken bones and severed limbs

Minor Fender Benders—Why You Still Need a Lawyer

Published on: July 24, 2025 | Anthony Quackenbush, Esq.

The term “fender bender” is a colloquialism people use to refer to a seemingly small accident that causes minor injuries to the vehicles involved. But in legal terms, it’s an accident. And all accidents should be taken seriously.

Even a minor bump that caused little damage to your car could cause damage to your body if you were jerked suddenly or if you were turning to look over your shoulder at the time. The spine and neck are very delicate and can be easily injured. Don’t take any accident lightly.

What to do immediately after a minor accident

No-Fault Insurance in Florida—Can I Sue for Pain and Suffering?

Published on: July 10, 2025 | Anthony Quackenbush, Esq.

Florida is a no-fault insurance state, which means drivers must carry Personal Injury Protection (PIP) coverage to pay for their accident-related medical expenses, regardless of who was at fault in the accident. This no-fault system also restricts an injured party’s right to sue for pain and suffering. Injured victims can only sue the at-fault party for non-economic damages under certain circumstances, such as death, permanent injury, and serious disfigurement.

Receiving damages in Florida

The first step after an accident is to see a doctor within 14 days in order to be eligible for any PIP coverage, which is carried on your auto insurance policy. If you don’t have car insurance and live with a family member who does, their insurance will be used. PIP covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If a person’s injuries cause the person a loss in wages, PIP can cover up to 60% of these lost wages, up to the $10,000 limit.

Medical Device Failures

Published on: July 2, 2025 | Anthony Quackenbush, Esq.

Medical device failures occur more often than most people realize, and they can have catastrophic effects on the health of the individuals who were supposed to be helped by them.

Lawsuits for medical device failures often fall under the category of product liability law. However, medical malpractice lawsuits often include medical device failure as part of the suit. For instance, if a device had a known or knowable defect and the medical provider used it anyway, both the provider and the manufacturer would be held at fault for your injuries.

If you believe you have been injured by a faulty medical device, don’t wait to seek the help of an experienced personal injury lawyer. As a Florida personal injury attorney, I have expertise in all aspects of medical malpractice and product liability law, and 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 through someone else’s negligence.

Medical Malpractice and Equipment Failures

Published on: June 21, 2025 | Anthony Quackenbush, Esq.

When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

Do You Want Your Day in Court?

Published on: June 10, 2025 | Anthony Quackenbush, Esq.

You’ve been injured in Florida by someone else’s negligence, whether due to a vehicle accident, a slip and fall, medical malpractice, or a product malfunction. You’re not happy with the settlement being offered, you’re rightfully angry, and you want your day in court. You think a judge will easily see your side and award you a big win. But it isn’t that simple.

Sometimes, going to court is the best option, but usually, negotiating a settlement with the help of an expert personal injury attorney will result in significant financial compensation without the expense, hassle, and delay of going to court.

No case goes to court unless both parties have tried to come to an agreement first. The typical steps taken in a personal injury case, if it goes to court, are as follows:

Should You Reject an Insurance Company’s Offer in Your Case?

Published on: June 4, 2025 | Anthony Quackenbush, Esq.

Insurance companies provide a very valuable service, and there are certainly many well-intentioned people who work for insurance companies, but the companies would not stay in business for long if they didn’t do their best to offer the least payout that they can get away with when it is time for them to settle a claim. If you have a Florida insurance claim, you should not accept the insurance company’s offer without first consulting with an attorney.

The insurance company’s offer

Insurance companies have attorneys fighting for them and expert negotiators who know the ins and outs of every policy and all the loopholes that were carefully crafted to give them leverage to minimize your settlement offer. They use legal terms and jargon to confuse you and make it seem as if this is the best offer you are going to get. They may even try to intimidate you into believing that if you don’t accept what they’re offering now, you may not get anything. This manipulative behavior is frightening to someone who really needs the money right away to pay medical bills or to recover financially from lost wages due to the accident.

Rear End Car Accident in Florida

Published on: May 22, 2025 | Anthony Quackenbush, Esq.

One of the most common types of car accidents is a rear-end car accident, which involves being hit from behind. Such accidents range from a “fender-bender” when someone doesn’t stop quickly enough at a stoplight to a very serious crash caused by a distracted driver in traffic. But even a small bump can cause a sudden jerk of your head or back that could seriously injure the very delicate and critical spinal cord.

Your spine houses and protects your nerves, which branch out to every part of your body, every organ, and every extremity. An injury to your spine can cause unexpected complications in unexpected locations in other parts of your body, so if you begin experiencing problems anywhere in your body shortly after an accident, do not discount them. They may be caused by the accident.

Common injuries from a rear-end car accident include: