Florida personal injury attorney

How Do We Prove Emotional Distress?

Published on: June 24, 2024 | Anthony Quackenbush, Esq.

When a person experiences physical injury and/or property damage due to someone else’s negligence in Florida, they often experience emotional distress as well. As an experienced personal injury attorney in Florida, I help my clients receive fair compensation for emotional harm along with compensation for injuries and/or property damages. Without some concrete, tangible claim, it is very difficult, though not impossible, to prove emotional distress was caused by a particular incident.

What is emotional distress?

Emotional distress is one form of non-economic damage often referred to as “pain and suffering.” Some examples of emotional distress are:

Damage Caps in Florida for Car Accidents

Published on: May 21, 2024 | Anthony Quackenbush, Esq.

How much will I receive in my Florida personal injury case? This is a common question that I hear. The answer depends on the extent of your injuries and the degree of negligence of the other party. It also depends on the expertise of the lawyer. As an experienced personal injury attorney with a track record of winning significant awards for my clients, I know what questions to ask and where to look to provide you with the maximum compensation for your injuries.

Personal injury lawsuits can be filed for any situation in which you believe you have been hurt due to the negligence of another party. Car accidents are a common cause of injuries for which compensation may be sought. Others may include accidents involving other types of vehicles, such as bicycles, off-road recreation vehicles, boats, and jet skis; defective or dangerous product injuries; slip-and-fall or trip-and-fall cases; medical malpractice; animal attacks; and unsafe premises.

Regardless of the cause of the personal injury, Florida law applies no caps on economic or non-economic damages, collectively referred to as compensatory damages. Florida does have a cap on punitive damages, which a jury may impose upon the party at fault as a form of punishment when gross or willful negligence has occurred. The cap on punitive damages is three times the compensatory damages or a maximum of $500,000.

Injured in a Large Truck Accident

Published on: April 24, 2024 | Anthony Quackenbush, Esq.

Commercial trucks are big vehicles. When they cause accidents here in Florida, they are usually serious with significant damage to the people in the other vehicles. The difference between an accident with another car and an accident with a large truck, such as a construction vehicle or a tractor-trailer full of products, is that trucks are usually connected to big companies with big insurance companies behind them. And those companies are experts in limiting or avoiding compensation to injured parties. If you are involved in a truck accident, you will not get the fair compensation you deserve without an experienced personal injury lawyer.

As a lifelong Florida resident and personal injury lawyer, I’ve represented many injured parties who were hurt by a truck. Trucks cannot stop or accelerate as quickly as automobiles; they can’t take tight turns and they swing wide; they sometimes drive over the yellow dividing line in the road; they often go through yellow or red lights, simply because it is easier than stopping a huge load; and frankly, some truck drivers (not all, but some) act like they own the road. Any one of these factors can cause an accident that seriously injures drivers and passengers in smaller, lighter vehicles.

Building your case

Work with the Right Doctor If You Are Injured in an Accident

Published on: April 15, 2024 | Anthony Quackenbush, Esq.

If you have been injured in an accident here in Florida, make sure you are treated by a doctor who is an expert in accident injuries, because not all doctors know what to look for, especially in car accident victims, slip-and-fall victims, and those injured by recreational vehicles or sporting equipment. Here in Florida, the vacation destination of the world, injuries are unfortunately not rare. As a personal injury attorney and lifetime Florida resident, I am committed to helping my fellow Floridians get the compensation they need when they are injured due to the negligence of others.

If medical personnel come to the scene of your injury, or if you are transported by ambulance to a hospital for immediate treatment, do not refuse such treatment. An immediate examination to find any obvious injuries and any possible internal bleeding or other critical medical emergencies is always a good idea. But be sure to follow up with specialists.

PIP Coverage

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.