Personal Injury

Camp LeJeune Bill – Can You Get Compensation?

Published on: April 18, 2023 | Anthony Quackenbush, Esq.

We have many military personnel and retirees living here in Florida. If you ingested water from Camp Lejeune, it is important you understand the Camp Lejeune Justice Act (CLJA). Enacted in August 2022, the CLJA gives injured parties a two-year window to sue the federal government for injuries sustained due to the water contamination at Camp Lejeune between the years of 1953 and 1987.

Camp Lejeune was one of the worst water contamination disasters in U.S. history. Wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month into the surrounding soil. This was known for years and the problem was hidden, ignored, or downplayed. Another source was a dry cleaner outside the base, which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base.

Significant negligence and intentional deception and concealment allowed this toxic environment to continue long after the problems were discovered, leading to a great outcry for justice. Generally, service members cannot sue the federal government for injuries sustained while in military service, but the CLJA allows the victims of Camp Lejeune to sue the government for this gross negligence.

Nursing Home Abuse in Florida

Published on: April 4, 2023 | Anthony Quackenbush, Esq.

Nursing home abuse and neglect are, sadly, not uncommon. In 2020, over 15,000 complaints were filed with nursing home ombudsmen throughout the country (the ombudsman is someone who handles long-term care complaints in each state). Undoubtedly, many more cases go unreported.

According to the National Center for Victims of Crime (NCVC), nursing home abuse complaints in 2018 included:

29% physical abuse

Suing for Serious Issues with Airbnb or Vrbo in Florida

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

Airbnb and Vrbo (“Vacation Rentals By Owner”) give property owners the opportunity to rent out their units to travelers in our great state of Florida. But while these two companies have policies and requirements for the rental units and hosts, by the very nature of the service, they do not have the level of oversight or control that a hotel would have. While most hosts keep their units safe and in good repair, since they want good reviews and future business, some rentals are disastrous and can cause serious harm to guests.

You have the right to a safe visit while you’re in Florida. Airbnb and Vrbo as well as the individual renters should be held liable if you are injured during your stay due to their negligence.

Major issues in Airbnb and Vrbo

What Can I Do If I’m Injured by Florida State or Local Government?

Published on: March 16, 2023 | Anthony Quackenbush, Esq.

It is legal to sue a Florida governmental body for injuries due to negligence, but it must be handled differently and more quickly than when suing an individual or business. It’s best to contact a personal injury lawyer as soon as possible to avoid losing your right to sue. As a personal injury attorney in Florida with expertise in pursuing legal claims against state and municipal entities, I will quickly examine your case and determine how to help you.

When you can sue the government

Florida law permits individuals to sue government bodies if:

Traumatic Brain Injury

Published on: December 27, 2022 | Anthony Quackenbush, Esq.

Traumatic Brain Injury (TBI) is a leading cause of death and disability for both adults and children in the United States. According to the Department of Neurosurgery at the University of Florida, 1.4 million Americans sustain TBI each year; about 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released. But often those treated and released have sustained injuries that were not properly recognized, and their injuries go undiagnosed for too long.

What is TBI?

A TBI is caused by a bump, blow, jolt, or other injury to the head that disrupts the normal function of the brain. The most common causes of TBI are falls, vehicle accidents, and being struck by or against an object. Vehicular accidents are the leading cause of TBI resulting in hospitalization or a visit to the ER.

Were You Affected by the Contaminated Water at Camp Lejeune?

Published on: September 15, 2022 | Anthony Quackenbush, Esq.

Camp Lejeune, a Marine Corps base in North Carolina, had one of the worst cases of water contamination that has been seen in the United States. The water also affected the nearby Marine air station, New River. Many retired military personnel live here in Florida, and since Camp Lejeune was a busy base during the time of contamination, many of these resident veterans, their families, and civilian personnel who worked on the base may be able to seek damages for harm caused by contamination at Camp Lejeune.

What went wrong at Camp Lejeune

The contamination at Camp Lejeune was caused by multiple sources. Not all the wells on the base were contaminated, but the contaminated well water was sent to a water treatment plant where it was mingled with other wells, thus contaminating the entire water source. The water in two of the wells contained trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOC). One of the sources was a dry cleaner outside the base which opened in 1953 and dumped wastewater laced with PCE, a known carcinogen. PCE is also used in other solvents that may have been used on the base. Another major contamination source was underground storage tanks that leaked 1,500 gallons of fuel every month.

Juul and E-Cigarettes: Injuries and Lawsuits

Published on: August 26, 2022 | Anthony Quackenbush, Esq.

An e-cigarette uses a battery to heat up a liquid that is turned into an aerosol, which users inhale. The liquid is most commonly nicotine with additives such as propylene glycol, flavorings, and other chemicals. Inhaling these products can have serious enough consequences, but the heating process itself forms additional toxic chemicals. Heavy metals such as nickel, tin, and lead and a variety of carcinogens have been found in the vapors produced by e-cigarettes.

Lung injury is so common it has earned the term EVALI (e-cigarette and vaping-associated lung injury). In a period of just two years ending in 2019, 1,479 lung injury cases in 49 states and 33 deaths in 24 states were documented by the CDC due to “vaping” (called this because of the vapors the products produce). By February 2020, 2,807 hospitalized EVALI cases or deaths had been reported to the CDC from all 50 states, DC, Puerto Rico, and U.S. Virgin Islands, including 68 deaths.

Injuries from e-cigarettes

Injured at a Grocery Store or Retail Store – What Can You Do?

Published on: August 24, 2022 | Anthony Quackenbush, Esq.

Grocery stores, retail stores, and other places of business have a duty to provide a safe environment for their customers here in Florida. When they fail to fulfill their duty, injuries can happen and the stores are liable. You may be able to receive compensation for your injuries if you were injured at a grocery store, supermarket, or another place of business.

What is needed for a personal injury case

Florida law requires that the plaintiff in a personal injury case (the injured person or the person’s surviving family) prove:

Burn Injury – Do I Have a Personal Injury Case?

Published on: August 18, 2022 | Anthony Quackenbush, Esq.

Everyone knows how painful a burn injury can be. Even just touching a hot pot seems to hurt for hours. More severe burns are not only excruciatingly painful, they can leave permanent damage, such as infection, scarring, nerve damage, loss of proper function, breathing difficulty, and PTSD.

In many cases, depending on how the accident occurred, burn victims don’t realize that a third party may be at fault for their injury. For this reason, it is to your advantage to talk to a burn injury lawyer to determine if you have a case. If you’ve been burned in Florida, you may be able to seek compensation.

Causes of burns

Parasailing Accidents in Florida – What You Need to Know

Published on: July 22, 2022 | Anthony Quackenbush, Esq.

Parasailing is an extremely popular sport in Florida. Between 3 to 5 million people enjoy parasailing every year, with Florida being one of the most popular states for this sport. While parasailing is statistically very safe, accidents do happen and they can be horrifying.

What is Parasailing?

Parasailing involves a boat pulling a parachute, called a canopy, in which one or multiple people are harnessed. Parasails can reach 500 feet into the air or more, providing a spectacular view and a feeling of flying. People may be harnessed to the canopy in a style similar to a parachutist or they can sit in a gondola, somewhat like a seat on a Ferris wheel. If harnessed, the parasailor generally begins on the boat and then is reeled back in to land again on the boat. If in a gondola, they land in the water, since the gondola is somewhat like a paddleboat.