Personal Injury

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:

Are You Ready to File Your Personal Injury Claim?

Published on: December 5, 2023 | Anthony Quackenbush, Esq.

There are many steps involved in a personal injury lawsuit. The first is to reach out to a personal injury attorney as soon as possible so that the proper evidence and documentation can be collected. Your evidence will make or break your case. As a Florida personal injury attorney, I can help those who have recently experienced an injury in Florida collect the necessary documentation to make a solid case.

Requirements for a personal injury lawsuit

It may seem obvious, but to sue for personal injury, you must be injured, and it must be provable. This is why collecting the correct evidence early on is so important.

Debunking Myths about Florida Personal Injury Cases

Published on: November 28, 2023 | Anthony Quackenbush, Esq.

While personal injury cases can cover a wide variety of events, some of the most common in Florida include slip-and-falls or other accidental injuries; product liability, including defective equipment at recreational parks, activities, or sports; car accidents and other vehicular accidents, including off-road vehicles, bicycles, and pedestrian injuries; medical malpractice; and worker’s compensation cases.

Many people have some misconceptions about personal injury cases in Florida which may prevent them from receiving the compensation they deserve for their expenses, past, present, and future, as well as their pain and suffering. As a personal injury lawyer and Florida resident, I am driven to protect the rights of injured individuals against big businesses, insurance companies, and medical institutions that have the financial resources to prevent people from getting the compensation they deserve. If you need an advocate who knows how to fight the system and win, contact me.

Myth #1: I can sue any time I want, as long as there was an accident of some kind.

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?