Automobile Accidents

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.

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:

Your Insurance Policy Limit and Your Case

Published on: April 25, 2025 | Anthony Quackenbush, Esq.

If you’ve been injured in a car accident in Florida and your expenses exceed your insurance policy limit, you may still be able to receive additional financial compensation for your injuries. However, you need an experienced personal injury attorney to help you. Our team is an expert in investigating every aspect of your case to help you get the money you need and deserve.

Florida PIP policies and your options

Florida requires that everyone who has been in an accident involving a self-propelled vehicle (car, truck, motorcycle, etc.) turn to their PIP coverage first. Every Florida auto policy must carry Personal Injury Protection (PIP), which 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 the injuries cause a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000.

Whiplash Is Not a “Minor Injury”

Published on: April 12, 2025 | Anthony Quackenbush, Esq.

If you have been injured in an auto accident, especially an accident in which you have been rear-ended, it is likely that you have experienced whiplash. Whiplash is a neck injury caused by a rapid back-and-forth (or side-to-side) motion of the head, like the cracking of a whip. The medical term is cervical acceleration-deceleration (CAD) syndrome, and the symptoms of CAD syndrome are called whiplash-associated disorder (WAD). WAD symptoms vary, depending on the severity of your injury and any pre-existing conditions. But no whiplash injury should be taken lightly or ignored.

Whiplash symptoms

In Florida, your PIP insurance requires that you see an approved medical provider within two weeks of your accident in order to receive coverage from your auto insurance. You should always receive a thorough examination after an accident, even if you feel fine immediately afterwards. Symptoms of whiplash may not appear immediately, as your adrenaline is likely elevated for the first day or two. But after a few days, you may begin to feel tightness in your neck or any of the following common symptoms:

A Car Accident Was Not Your Fault AND You Have to Have Surgery?

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

If you’ve been seriously injured in a car accident in Florida caused by someone else’s negligence, you need an experienced Florida personal injury attorney to fight for you while you are recovering to make sure you get the compensation you deserve for your injuries. Don’t try to tackle the insurance companies alone. You need an advocate at your side who knows how to deal with them and how to get significant awards for your injuries.

There is no such thing as a “minor” auto accident – until a doctor has thoroughly examined you and several months have passed with no lingering effects from the accident, do not assume that you are fine. Lingering back pain or neck pain could be a sign of a spinal cord injury. Shoulder injury from your seatbelt or tightness in the chest could mean torn tissue or cracked ribs.

Injuries that may lead to surgery could include:

What Is Diminished Earnings Capacity?

Published on: March 18, 2025 | Anthony Quackenbush, Esq.

When you have been injured in an accident in Florida caused by someone else’s negligence, you have the right to sue for compensation for your injuries, expenses, lost income, and pain and suffering. The injury could be due to a car accident or other vehicular accident, an accident at work, a faulty product, or a slip and fall incident or other injury caused by unsafe premises. It could be caused by medical malpractice or an attack by a vicious animal. Whatever the cause of the injury, you will need an experienced personal injury attorney to help you collect the full compensation you deserve for the injuries you sustained due to someone else’s negligence.

Defining diminished earning capacity

Diminished earning capacity is also known as future lost earnings. It is distinct from lost wages in that lost wages are income lost since the accident, usually with an estimated time period for your recovery. Lost wages need to be documented using tax returns, pay stubs, and days missed.