personal injury

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.

The Legal Terms of Your Personal Injury Case

Published on: April 12, 2022 | Anthony Quackenbush, Esq.

If you’re involved in a personal injury case in Florida, or you believe you have a case and are considering approaching a personal injury lawyer about it, there are some common terms you’ll likely hear. Your familiarity with them will help you understand your case better.

Common legal terms in personal injury cases

Plaintiff: the person who brings the complaint or the lawsuit. This can also be a group or party of people.

Hurt at a Music Festival or Other Public Event

Published on: January 10, 2022 | Anthony Quackenbush, Esq.

The deadly events at the Travis Scott concert on November 5, 2021, at Astroworld in Houston, have shone a glaring light on some of the dangers of attending a crowded public event. One would think that venues that frequently hold large events would have safety protocols in place to prevent tragedies, but unfortunately, that is not always the case. By taking a look at what went wrong in this event, you may be able to keep yourself safer when attending large venues with massive crowds. If you have ever been injured at a public event, you may be able to receive compensation for your suffering.

Duty of care

In a personal injury case, you need to demonstrate that a person or business owed you a “duty of care” and that the person or business was negligent in that duty. In other words, the venue had a duty to take serious precautions, with appropriate procedures and safety standards in place, and to make sure those procedures and safety standards are enforced and followed. Negligence means that the venue either did not have these precautions in place, or they were not followed.

Injuries at Amusement Parks, Water Parks, and Resorts in Florida

Published on: August 9, 2021 | Anthony Quackenbush, Esq.

Florida is one of the most visited vacation destinations in the world. With numerous amusement parks, water parks, clubs, and beaches, not to mention NASA and the Daytona Racetrack, there are more reasons to visit Florida than almost anywhere in the world. Most of these destinations do their best to keep their property safe, but accidents can happen. We hope you are never injured when you are visiting Florida, but if you are, be sure to get immediate medical attention, inform a person of authority at the accident location (the manager on duty), document and take pictures of everything, and get names of witnesses and statements if possible.

Hopefully, you will recover without incident. If your injuries are severe or long-term and you believe someone else’s negligence contributed to your injury, you might be entitled to compensation under Florida law. In order for you to receive compensation, the following conditions must be met:

a third party had a duty to exercise reasonable care

Hurt on Vacation in Florida? What You Should Do

Published on: June 24, 2021 | Anthony Quackenbush, Esq.

Florida could be called the unofficial entertainment capital of the world. We have hundreds of attractions: amusement parks and theme parks, beaches, resorts, cruises, Everglade tours, art attractions, specialty zoos, and so much more. It really is a magnificent state, which is why more than 100 million people visit from all over the world every year. With so many visitors, it is inevitable that there will also be accidents.

If you are injured while on vacation in Florida, your rights to seek damages are the same as they are anywhere else. The difference is that since you are from out of state and will presumably return home, you will need an expert personal injury lawyer here in Florida to continue to fight your fight while you go home to recover.

Types of accidents while on vacation in Florida

Personal Injury at Home

Published on: May 3, 2021 | Anthony Quackenbush, Esq.

As with any other personal injury lawsuit here in Florida, when you are injured in your own home or on your own property, you must be able to demonstrate negligence on the part of a third party to receive compensation. For instance, if you slip and fall in your own kitchen because of your wet tile floor that has been properly installed, you cannot file a claim against your homeowner’s insurance or the installer of the floor for compensation because you are the negligent party. However, that does not mean that all injuries on your property are your fault.

Product Injuries

Product injuries happen every day in the United States, and sometimes those injuries are serious. Power tools, lawnmowers, baby cribs, electronic devices, large appliances, and kitchen equipment are common items that cause injuries. Other injuries may be caused by defective chemical products, such as cleaning agents or hygiene items.

Dog Bites: Know the Florida Law

Published on: April 12, 2021 | Anthony Quackenbush, Esq.

Florida has specific laws that hold dog owners accountable for dog attacks. If you’ve been bitten by a dog in Florida, the statute of limitations (the legal deadline) for filing a lawsuit is four years from the date of the incident. In rare circumstances, that may be extended, so it’s important to check with an experienced personal injury attorney to see if you qualify for that extension.

Florida Statutes Pertaining to Dog Bites

In a nutshell, Florida law holds dog owners liable for injuries caused by their dog biting someone in a public place or if the person is lawfully in a private place, such as the dog owner’s property. It doesn’t matter if the dog never bit anyone before or if the owner never suspected the dog was dangerous. If “Bad Dog” signs were posted, or if the person bitten was trespassing or in some way provoked the attack, the victim’s ability to receive compensation may be reduced, but he or she may still get some compensation.

Evidence in Your Florida Personal Injury Case

Published on: February 11, 2021 | Anthony Quackenbush, Esq.

If you’ve experienced a personal injury in Florida and have not received sufficient compensation for your injuries and losses, it’s critical to collect as much evidence as possible to support your position. The stronger the evidence, the stronger your case and the greater your chances of just and fair restitution for the harm you’ve experienced.

Try to collect as much evidence as you can, but don’t wait until you think you’ve collected enough before you talk to an attorney. I know from my years of experience as a personal injury lawyer in Florida the kinds of evidence I will need in order to build a powerful case for you.

Strong Evidence for Your Case

Slip and Fall Injuries – What You Need to Do

Published on: February 8, 2021 | Anthony Quackenbush, Esq.

In Florida, if you have been seriously injured in a slip and fall on someone else’s property, you may be able to receive compensation. The success of the case depends on demonstrating the property owner’s negligence (or in some cases, the renter’s negligence). This is known as “premises liability.”

Premises liability refers to the legal responsibility of owners to maintain an environment that is safe and free from defects that could be hazardous. There are several kinds of premises liability — homeowner liability, renter and landlord liability, and business owner liability.

Types of Hazards

Can You Sue If Your Child Is Injured in a Fraternity Party in Florida?

Published on: November 12, 2020 | Anthony Quackenbush, Esq.

Injuries at fraternity parties are not uncommon. Not only is a lot of alcohol often consumed, even by minors, but a lot of “partying” of other sorts – dancing, rough-housing, using drugs – may also take place, which can lead to injuries to those involved with the behavior as well as to innocent partygoers who are behaving themselves and acting with decorum. Other issues at fraternity parties may involve the quality or condition of the building itself.

A variety of types of incidents can happen at a fraternity party: falling from a balcony; slip and falls from wet floors; health issues after alcohol poisoning; fights; even falling through shoddy construction. In just one example, a floor collapsed at a Clemson University fraternity party on the floor below because of the weight and force of many people dancing.

As with all personal injury cases, it is necessary to prove that the defendant had a duty of care and that the defendant breached that duty. The defendants, depending on the situation, could be the hosts, the university, the owners of the property, or other individuals involved.