Author Archives: Jay Butchko
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 »
What Happens When An Insurer Refuses To Settle A Valid Personal Injury Claim?
When bringing a personal injury claim arising from an auto accident, a victim often has to deal with not just the negligent driver, but also their insurance company. Indeed, even if the driver is willing to settle a claim, the insurer may insist on litigation. But this carries some risk to the insurer, as… Read More »
How The PREP Act Affects COVID-19 Lawsuits Against Nursing Homes
We have all heard–or even been personally affected by–the substantial amount of deaths that have taken place in Florida nursing homes during the COVID-19 pandemic. In many cases, nursing home administrators and staff have failed to take basic steps to prevent the spread of the disease among residents. This has prompted a large number… Read More »
Is Falling Off A Table “Medical Malpractice”?
Although medical malpractice represents a type of personal injury claim, the rules governing the former are actually much more complicated that many people realize. Put simply, you cannot simply sue a doctor for malpractice. You must first complete a series of pre-suit steps mandated by Florida law. This includes conducting a “presuit investigation” and… Read More »
Why You Need To Establish A “Duty Of Care” In A Florida Personal Injury Lawsuit
Personal injury claims are always rooted in a duty of care. This refers to the defendant’s legal obligation to act in a reasonable manner to prevent harm to the defendant. A simple example of duty of care is traffic accidents: Every driver on the road has a duty of care to follow the traffic… Read More »
Is An Ice Rink Operator Responsible For A Collision Between Patrons?
People are often asked to sign “waivers” or “releases” before engaging in certain recreational activities. Obviously, such documents are meant to try and insulate the owner of a facility from personal injury lawsuits in the event of an accident. Such waivers are not absolute, however, and do not always foreclose an injured party’s right… Read More »
When Is The Government Liable For An Auto Accident?
A key element of any successful personal injury case is establishing the defendant’s “duty of care” towards the plaintiff. A duty of care is some legal obligation imposed on the individual. In the context of an auto accident, for example, every driver on the road has a duty of care to follow the traffic… Read More »
Understanding Florida’s Presumption Of Fault In Rear-End Accident Lawsuits
Rear-end collisions are one of the most common types of auto accidents that occur in Florida. While most rear-end (or “tailgating”) accidents are not fatal, they can still cause significant injuries to the driver in the forward vehicle. And more often than not, the rear driver is responsible for causing the accident. As such,… Read More »
How The Graves Amendment May Affect Your Ability To Recover Damages In An Auto Accident Lawsuit
The owner of a car can often be held legally responsible for an accident caused by someone else driving their car. This is known as vicarious liability. Perhaps the most common example is an employee driving their employer’s car on a work-related matter. If the employee runs a red light and crashes into a… Read More »
Florida Jury Orders Wal-Mart To Pay $2 Million In Slip-And-Fall Case
Every store owner knows–or should know–that they have a legal responsibility to keep their premises in reasonably safe condition for their customers and other invited guests. This means that if the store fails to exercise reasonable care, and someone is injured in a preventable accident, the owner can be held liable for monetary damages… Read More »
