Florida personal injury

How Social Media Affects Your Florida Personal Injury Case

Published on: March 5, 2024 | Anthony Quackenbush, Esq.

If you have been in an accident or have been injured by someone else’s negligence, it is imperative that you not share anything about the incident or your case on social media. Ask friends and family to also refrain from commenting on your case, or anything about you, because it could be used against you in court or during negotiations.

If you are the plaintiff in a personal injury case (that is, the one who has been injured) the defendant will do whatever he can to prove he is not guilty or to shed doubt on the truthfulness of your claims or the degree of your injuries. On social media, we usually post the best pictures of ourselves – smiling, having fun, and doing interesting things. If you post anything like this, the defendant will argue that you are not as injured as you claim.

For instance, say you post a picture of yourself out to dinner with friends, smiling. You may, in fact, be in terrible pain and are getting out of the house for the first time in a month. However, the defendant could argue that this is evidence that you are not being truthful about the degree of your injuries.

What Is a Catastrophic Injury?

Published on: February 5, 2024 | Anthony Quackenbush, Esq.

If you have experienced an injury in Florida due to another person’s negligence, you may be entitled to compensation for your losses, medical bills, pain, and suffering. Catastrophic injuries can lead to significant financial awards because of the extreme impact that such injuries can have on a person’s life. But you need to engage the services of an expert personal injury attorney who knows how to demonstrate the full breadth of damage to receive just compensation.

Definition of a catastrophic injury

What constitutes a catastrophic injury? Generally, “catastrophic” refers to an injury that causes significant damage that dramatically impacts your life and is expected to persist over an extended period of time, perhaps permanently.

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).

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.

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

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

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.

Injured on a Vacation in Florida? You Have Rights

Published on: July 23, 2020 | Anthony Quackenbush, Esq.

More than 100 million people visit Florida each year from out-of-state or overseas. Florida is full of wonderful destinations, hotels, beaches, and resorts. Everyone comes to have a great time, but sometimes things go wrong. If you or a loved one has been injured while on vacation in Florida, you may wonder what you can do to be compensated for another party’s negligence. Just as in your home state, you have the right to sue for damages. You must do so within the statute of limitations and prove the accident, injury, or illness took place in Florida. The statute of limitations for a personal injury case against another party in Florida is four years; against a government body, three years; for a wrongful death case, two years.

Types of Accidents

Car accidents are among the most common sources of injury while on vacation. Many people drive to Florida in their own cars, while others rent cars or use a service, such as a taxi, shuttle bus, Uber, or Lyft. As with any accident, it is critical to get identification and insurance information from the other driver, take pictures, and get medical attention as soon as possible. If the police are called to the scene, you should also obtain an accident report.