Author Archives: Jay Butchko
How Florida Personal Injury Settlements Can Still Lead To Litigation
Personal injury cases are usually resolved by some sort of settlement. But a settlement is more than a “handshake” agreement. It is a written contract subject to many of the same rules as any other business agreement. And if a dispute arises over the interpretation of a personal injury settlement, a Florida court will… Read More »
Is Taking Away A Patient’s Walker An Act Of “Medical” Negligence?
There is a critical distinction in Florida law between ordinary negligence and “medical negligence,” i.e., medical malpractice. If you are, say, injured in a slip and fall accident at the store, you can file a personal injury lawsuit against the owner for negligence. But if you are injured while receiving medical care, the law… Read More »
Does Receiving Medicare Affect My Damages In A Florida Personal Injury Case?
Historically, a negligent driver could not benefit from any “collateral sources” of compensation available to their accident victims. For example, if a drunk driver caused an accident, the victims’ health insurance benefits would not be taken into account when awarding damages in a subsequent personal injury lawsuit. The law basically assumed that the drunk… Read More »
How Florida’s Discovery Rules Can Affect Your Personal Injury Case
In any lawsuit, both sides may be asked to disclose confidential or sensitive information. There are rules that courts must follow in deciding whether to permit discovery of such information by the other party. These rules balance the need for discovery with valid privacy concerns. Appeals Court: Judge Required to Review Defendant’s Medical Records… Read More »
Does My Boss Have To Pay For My Car Accident If I’m Injured While Traveling To A Job?
When it comes to personal injury cases, an employer can often be held liable for the negligent acts of their employees. To give a common example, say a driver is making a delivery for their employer and they cause an accident by running a stop sign. The people in the other car who are… Read More »
Florida Appeals Court Will Enforce Arbitration Agreements Despite “Unconscionable” Provisions
Florida nursing homes and assisted living facilities (ALFs) are notorious for inserting binding arbitration clauses into resident admission paperwork. By signing on the dotted line, the resident–or oftentimes, their agent–effectively waive the right to bring a lawsuit in the event of serious injury or death at the hands of the facility’s staff. And even… Read More »
Can A “Substantially Similar” Accident Help You Prove A Florida Slip-And-Fall Case?
Slip-and-fall accident lawsuits are often tricky to win because of the need for the victim to prove the property owner had “actual or constructive notice” of the hazard that caused the victim’s injuries. Actual notice is just what it sounds like–the owner actually knew there was a safety hazard that could harm customers and… Read More »
Family Of 14-Year Old Killed In Icon Park Accident Files Wrongful Death Lawsuit
Florida is famous for its amusement parks. Unfortunately, not everyone has a good time. Some people end up suffering serious injuries–or are even killed–due to negligently designed or maintained park rides. You may have seen the recent news headlines surrounding the death of 14-year-old Tyre Sampson. In March of this year, Sampson died after… Read More »
Could Wearing Flip-Flops Make You Liable For Your Own Slip And Fall Accident?
In Florida personal injury lawsuits, the defense may attempt to argue that the plaintiff was partially–or even completely–responsible for their own injuries. This is known as comparative fault. And if the jury assigns even a small percentage of comparative fault to the plaintiff, that can limit the amount of damages that they ultimately receive…. Read More »
Tesla Faces Yet Another Florida Personal Injury Lawsuit
Elon Musk has been in the news a good deal recently due to his proposed acquisition of Twitter. But Musk’s current company, Tesla, has been in court a lot more addressing legal challenges to the safety of its famous electric cars. Indeed, here in Florida and around the country, there have been multiple personal… Read More »
