Author Archives: Jay Butchko
Are Police Officers Legally Responsible For A Detainee’s Suicide?
Wrongful death claims arise when a person dies due to the negligence of another party. Private persons and corporations may be sued for wrongful death. But when the death was the result of action–or inaction–by government officials, particularly law enforcement, the rules are somewhat more complicated. Federal and state law confer what is known… Read More »
The Role Of Settlement Agreements In Car Accident Insurance Disputes
Claims arising from a car accident are often resolved by a settlement agreement, either with the other driver or an insurance company. Settlement agreements are legally binding contracts. This means that either side can ask a judge to enforce its terms. But the court’s authority typically does not extend beyond the scope of the… Read More »
How A Negligent Driver’s Conduct Can Let Their Own Insurance Company Off The Hook
A personal injury award following a serious accident can often come to several hundred thousand dollars. Most defendants cannot rely solely on insurance to cover such damages. Indeed, many Florida drivers only carry about $10,000 in bodily injury liability coverage. In many cases, the insurance company will agree to pay the maximum coverage available… Read More »
What Is A Fabre Defendant In A Florida Personal Injury Lawsuit?
When an accident seriously injures someone, there may be multiple parties who can be held legally responsible. The victim may elect to file a personal injury lawsuit against one or more defendants to seek monetary compensation. The defense may then turn around and argue there was a third party–one not named as a defendant… Read More »
Can A Jury Award Damages Inconsistent With The Evidence In A Personal Injury Case?
Juries have fairly broad discretion when it comes to awarding damages in a personal injury case. But such discretion is not without limits. When it comes to awarding economic damages, for example, the jury cannot act against the “manifest weight of the evidence.” In plain terms, if the plaintiff presents credible evidence that they… Read More »
What Does “Personal Jurisdiction” Mean In A Florida Personal Injury Case?
Anytime you file a lawsuit against someone, you need to establish the court’s personal jurisdiction over that defendant. In personal injury cases this is often difficult. If two Florida drivers get into an auto accident, for example, Florida courts have personal jurisdiction over both parties. Even when a defendant is not a Florida resident,… Read More »
Is An Auto Dealership Liable For An Accident Cause By A “Loaner” Vehicle?
Vicarious liability is an important legal concept when it comes to auto accidents. It basically means that the owner of a vehicle can still be held financially responsible for an accident victim’s injuries even if they were not the person actually driving the car at the time. For example, if someone causes an accident… Read More »
Using Circumstantial Evidence To Prove “Constructive Knowledge” In A Florida Slip And Fall Lawsuit
In slip-and-fall accident cases, a key legal issue is often establishing the property owner’s “constructive knowledge” of a dangerous condition. Constructive knowledge is an alternative means of establishing liability when the owner lacks actual knowledge. In its simplest form, constructive knowledge means that the owner should have known there was a problem had it… Read More »
The Perils Of Rejecting “Stacking” UM Coverage For Your Auto Insurance Policy
We have all filled out Internet forms that require us to check certain boxes and read the fine print. Most of us simply check the box without bothering to carefully read or consider what we have just agreed to. Unfortunately, when it comes to something like purchasing auto insurance, failing to pay attention may… Read More »
Understanding The Terms Of A Release When Settling A Florida Personal Injury Claim
Personal injury claims are often settled without the need for a trial. A settlement is essentially a contract between the plaintiff (i.e., the victim) and the defendant. It is common practice for this contract to contain a “release,” or language that absolves the defendant, and potentially other related parties, from any further legal liability… Read More »
