Anthony Quackenbush is a Fort Lauderdale Accident Lawyer. He represents clients who have been injured in accidents occurring all over Florida, including Broward County and South Florida. These include car accident, slip and fall accidents, trip & fall accidents, products liability accidents, medical malpractice accidents, and others.
In order to recover compensation due to your accident, you will have to show that the person who caused your accident was negligent. The law measures negligence using “the reasonable person standard.” That is, the law looks at the behavior/actions of the person who may have been negligent and asks if the person behaved the way a “reasonable person” would or should behave. If the person who caused your accident did not behave in a reasonable way, he or she would be said to be negligent.
When you are injured in an accident caused by somebody else’s negligence, you will have to prove four things in order to receive compensation from your case: duty, breach, causation and damages. “Duty” means that the person that caused your injuries owed you a duty – that is, they had a responsibility to keep you safe or at least to prevent harm to you. Breach means that they violated this duty.
Causation means that the other person’s breach of their duty caused you injury. That is, if the other person had a duty to you and breached that duty, but their breach did not cause your injuries – then you will have no damages related to the accident and you will not be able to pursue a case. Mr. Quackenbush must always prove that your injuries resulted from the accident and the actions/behavior of the other person. This can be a challenge in the case of an injured person who had pre-existing injuries. For example, if you had an injury or sickness, got into an accident caused by somebody else, and that accident aggravated or exacerbated your injuries – the law says that you are entitled to compensation for that aggravation or exacerbation. The challenge in this situation will be to show that your current symptoms are related to the accident and aggravation, rather than being related simply to the pre-existing condition.
Finally, in order to prove your personal injury case, you will need to prove that you had damages caused by the accident. That is, you won’t be able to pursue a case against somebody simply because they were negligent (even though they didn’t cause you injuries). You need some damages or consequence of their actions/behavior in order to pursue a personal injury case against them. If you didn’t have any damages, injuries or consequences, then you won’t be able to prove a case.
If you successfully prove duty, breach, causation and damages, then you will be able to recover compensation for your injuries. In a personal injury case, you can typically recover compensation for three things: your medical bills, your lost wages, and pain and suffering. Firstly, if you are injured due to the negligence of somebody else, you should recover compensation for your medical bills. It is usually easy to calculate your past medical bills: Mr. Quackenbush will collect your bills from your doctors, hospitals and other medical providers and add them up to determine what is owned in total. Sometimes the money is owed directly to the medical providers (i.e., if you didn’t have health insurance at the time of the accident). On the other hand, if you did have health insurance at the time of the accident, then your health insurance company may have paid for your medical bills – in which case the health insurance company will have to get paid back out of the proceeds of the case.
You are also entitled to receive compensation for your future medical bills. That is, if your accident and injuries are bad enough, then you will need treatment in the future. Since the accident wasn’t your fault, you should receive compensation for this treatment. Your future medical bills are obviously harder to determine than your past medical bills, which are set in stone. In order to figure this out, Mr. Quackenbush will hire an expert witness called a “Life Care Planner” to evaluate your living situation and determine what your future medical care will entail and how much it will cost. Mr. Quackenbush will ask that you be compensated for this number.
You may also receive compensation for your lost wages or time missed from work. Your past lost wages are usually relatively easy to calculate. Mr. Quackenbush simply looks at how much time you missed from work as a result of the accident and multiplies it by your salary or hourly rate.
Your future lost wages are harder to determine. It may be difficult to determine exactly what you will be capable of (in terms of work) in the future. To help to determine this, Mr. Quackenbush will hire an expert called a “Vocational Rehabilitation Expert” to evaluate you and determine what type of work (if any) you will be able to do in the future. If the vocational rehabilitation expert thinks that you will be limited in the type of work you'll be able to do in the future, then Mr. Quackenbush will hire an expert called an “Economist,” who will determine how much money you are expected to lose in the future as a result of your inability to work at the same level as you did before the accident. The economist and vocational rehabilitation experts will work closely together.
Should you be injured due to an accident happening anywhere in the State of Florida, phone Mr. Quackenbush at 954-448-7288 for a free, no obligation consultation. He represents clients throughout Florida, including Miami and West Palm Beach. If you decide to hire Mr. Quackenbush to represent you in your case, there is no risk to you as Mr. Quackenbush will not get compensated until you’ve made a recovery in your case.Fort Lauderdale Accident Lawyer Anthony Quackenbush Advices Clients on Their Rights
When evaluating the strength of any case, Mr. Quackenbush looks at three factors: liability, damages, and coverage. Liability indicates fault – i.e., who was at fault for the accident. Mr. Quackenbush will want to know who was at fault before completing his evaluation of your case.
Mr. Quackenbush also evaluates damages. Damages indicate how bad your injuries are.
Finally, Mr. Quackenbush evaluates coverage. That is, is there an insurance policy or a collectible defendant with assets. If there is coverage or a collectible defendant, you may have a strong case. If there isn’t, it may be more difficult.South Florida Accident Attorney Pursues Justice Relentlessly
Every case proceeds differently depending on the nature of the case. However, when Mr. Quackenbush first takes on a case, he typically sends a letter of representation to the defendant telling him or her to turn the claim over to his or her insurance company. Mr. Quackenbush also typically sends a “spoliation letter,” which instructs the defendant to preserve any evidence in the case and not get rid of it. If the defendant proceeds to get rid of evidence after receiving the letter, there can be severe consequences in Court.
Next, Mr. Quackenbush typically allows his clients time to get whatever medical treatment they are going to need. This Broward County Accident Attorney does not typically want to settle his clients’ cases before their treatment is finished as he’ll want to make sure all of their medical bills are paid out of the settlement. For example, if your case is settled before your medical treatment is complete, some of your bills may not get paid out of the settlement.
Once your medical treatment is complete, this South Florida Accident Lawyer may send a demand letter to the defendant’s insurance company demanding that a certain amount of money be paid to settle the case. If the insurance company does not respond favorably, Mr. Quackenbush will file a Complaint (the document that begins your lawsuit). Once the Complaint has been filed, the case moves into the discovery phase – a process wherein either side learns about the position of the other side and what evidence the other side has. This discovery phase includes written discovery (i.e., questions called interrogatories, requests to produce certain evidence, and requests for admissions) and depositions.
Mr. Quackenbush will also request a trial date from the Judge. If the case doesn’t settle at mediation or some other time before trial, Mr. Quackenbush is not afraid to try your case and get a good result.Gain Compensation with the Assistance of a Broward County Accident Law Firm
Mr. Quackenbush handles accident cases which include all sorts of injuries. Should you be hurt due to an accident happening anywhere in Florida, contact Mr. Quackenbush at 954-448-7288 for a free, no obligation consultation. If you make the decision to retain this Broward County Accident Lawyer, he won’t get paid until you’ve received compensation in your case.