Articles Posted in Personal Injury

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:

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.

When you have been hurt in an accident, medical care may begin immediately, and you may be worried about how you will pay your medical bills before you have received a financial settlement. At Quackenbush Law, our team works quickly to assess the situation, review all documentation and statements, advocate with insurance companies, and negotiate on your behalf.

PIP first

The first medical insurance coverage that kicks in is PIP – Personal Injury Protection – which is required on all auto insurance policies in Florida. If you don’t have auto insurance, you can seek coverage from the insurance policy of a family member with whom you live or that of the vehicle you were riding in at the time of the accident, depending on your individual situation. Regardless of what insurance company is paying your medical bills, you must see an approved medical provider within 14 days of the injury to qualify for PIP coverage.

When you have been seriously injured in Florida due to an accident, product malfunction, or medical malpractice, your severe injuries may leave permanent damage impacting all areas of your life. At The Quackenbush Law Firm, we fight for you to ensure that you receive the compensation you deserve.

I leave no stone unturned when I investigate and evaluate every aspect of the accident and its consequences in order to determine, based on all the facts, how this will impact your future life.  My goal is to ensure that you will have the resources to not only compensate for past expenses and take care of your immediate needs but to guarantee that you have the funding for ongoing medical care and fair compensation for your pain, suffering, and lost future earnings.

Long-term consequences

Unless you are an expert in negotiating personal injury claims or taking them to court, you need an expert personal injury attorney to help you with your personal injury lawsuit. Injured individuals are no match for the insurance companies, big business, big government, and big medical institutions that have the knowledge, know-how, and strategies to keep them from having to pay you fair compensation for all that you have suffered. Don’t try to face them without an expert standing between you and them, fighting for your rights.

Preparing a bullet-proof case

I became a personal injury lawyer because I believe in “fighting for the rights of 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.

Vicarious liability, also called imputed negligence, is a legal doctrine that assigns responsibility for one person’s actions to another person if the two have a particular legal relationship that transfers power or authority from one person to the other. This can apply to the relationships of parent and child, husband and wife, owner of a vehicle and the driver, or employer and employee. 

Types of vicarious liability

In a parent-child relationship, if a minor child holds an underage drinking party on the family property, even if the parents do not know, and someone is injured due to the party, the parents are responsible for the breaking of the law and for any harm that may come from it. The minor may also be held responsible for his or her own actions, but the legal burden is upon the parents. 

If you are seeking an attorney to help you with a wrongful death lawsuit, allow me to first offer my deepest condolences for your loss. During this time of mourning, the pain of your loss is heightened by the conviction that it could have been avoided. 

As an experienced Florida personal injury attorney with extensive experience helping clients recover compensation for injury and death, I can help you through this difficult time, respectfully and gently collecting from you the information I need while at the same time aggressively and persistently demanding justice from those whose negligence caused the death of your loved one.

When can you sue for a wrongful death?

Florida is a frequent destination for college students on spring break. And while for most kids it is an opportunity for much-needed relaxation and fun before finals begin, for an unfortunate few, spring break can bring serious injuries from accidents that take place while away from home. 

If your child has been injured in Florida, the first step is to make sure he or she seeks immediate medical attention. The second is to make sure all critical documentation is collected to determine if the injury or accident was caused by someone else’s negligence, which could make your child eligible for compensation. As a Florida personal injury attorney, I know the types of accidents and injuries that can happen on spring break, I know what types of evidence you will need to collect, and I know how to present a solid case so that your child receives compensation for pain and injuries incurred due to someone else’s neglect.

Common injuries when on spring break

Florida law requires that someone filing a personal injury lawsuit be able to prove four things:

  1.       The person or business who caused your injury owed you a duty of care
  2.       The person or business was negligent in that duty

Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.

In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.

Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.

Contact Information