Florida personal injury attorney

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

Hit by a Car While Walking in Florida?

Published on: November 12, 2023 | Anthony Quackenbush, Esq.

A pedestrian is in danger when walking near any moving vehicles – cars, trucks, motorcycles, mopeds, and even bicycles and skateboards. Anything that’s moving faster than you are has a risk of hurting you if you collide, and the faster and bigger the object, the greater damage that it can inflict.

Unfortunately, Florida ranks as the second most dangerous state for pedestrians, with 3.32 pedestrian deaths per 100,000 people as of 2023. The most dangerous city for pedestrians is also in Florida – Fort Lauderdale, with an incredible rate of 8.1 annual pedestrian deaths per 100,000 residents. These numbers do not take into account the many thousands of pedestrians seriously injured every year.

Interestingly, in Florida, pedestrians include not only walkers and runners, but also bicyclists, skateboarders, roller skaters, and Segway riders. So if you are injured in a collision with someone traveling in this manner, the accident would be considered between two pedestrians. But that doesn’t mean you can’t be seriously injured. And if a bicyclist is hit by a car, according to Florida law, the automobile driver hit a pedestrian.

Why Call Police after an Accident in Florida

Published on: October 26, 2023 | Anthony Quackenbush, Esq.

If you are involved in an automobile accident in Florida, call 911 right away. A 911 call will automatically record that an accident occurred, will dispatch the police, and will allow you to request medical assistance. Florida law states that drivers are required to contact the police as soon as possible after an accident when:

there is bodily injury or death
the accident involved an intoxicated driver or a hit-and-run

Mounjaro Lawsuits

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

Mounjaro, manufactured by Eli Lilly and Co., is an injectable prescription medicine that is used along with diet and exercise to improve blood sugar in adults with type 2 diabetes mellitus. Mounjaro received FDA approval in May of 2022.

Mounjaro is a glucagon-like peptide-1 (GLP-1) receptor agonist, like Ozempic, which is produced by Novo Nordisk. In addition, Mounjaro also activates glucose-dependent insulinotropic peptide (GIP), a hormone that helps release insulin after consumption.

Eli Lilly claims on the Mounjaro website that studies showed 3 out of 4 people reached an A1C under 7%, from an average starting at 7.9% to 8.6%.