Author Archives: Jay Butchko
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 »
How A Wrongful Death Lawsuit Can Seek Justice When Criminal Prosecution Is No Longer An Option
A wrongful death lawsuit provides a legal mechanism for the family of a deceased person to seek financial compensation from the person (or persons) whose wrongful acts caused their loved one’s death. In this context, a wrongful act may be simply negligent–such as failing to obey the traffic laws and causing an accident–or even… Read More »
Can You Seek Damages In A Wrongful Death Lawsuit If You Married Your Late Spouse After Their Injury Occurred?
Unlike other types of personal injury cases, a wrongful death claim focuses on the losses suffered by the immediate family of the victim rather than the victim themselves. For instance, Florida’s Wrongful Death Act permits the surviving spouse and minor children of the decedent to recover monetary damages for the loss of the decedent’s… Read More »
Do You Have To Exhaust The Negligent Driver’s Insurance Before Filing An Uninsured Motorist Claim?
Many Florida auto insurance police contain uninsured motorist (UM) coverage. As the name suggests, this provides coverage to you in the event you are injured by another driver who lacks auto insurance to compensate you for your injuries. But “uninsured” in the context of UM coverage does not necessarily mean the negligent party has… Read More »
How Your Own Insurance Company May Try To Avoid Paying Your Accident Claim
Florida’s Personal Injury Protection (PIP) law means that your own insurance company is supposed to compensate you in most cases following an auto accident. Of course, that does not mean your insurance company will always pay out. The insurer is ultimately looking out for its own bottom line, and that means if there is… Read More »
Florida Supreme Court: Insurance Companies Can Be Liable For Negotiated “Consent Judgments”
Most personal injury claims are resolved by some form of negotiated settlement. This typically involves the negligent driver’s insurance company agreeing to pay the liability limits of the policy. But if an insurer refuses to settle–and a court later holds that refusal was made in bad faith–that insurer may be liable for any “excess… Read More »
How Corporate Defense Lawyers Can Try And Confuse Victims In Personal Injury Cases
A basic principle of Florida slip-and-fall accident lawsuits is that the plaintiff must prove the defendant had “actual or constructive knowledge” of the hazard that caused the plaintiff’s accident. In plain language, if you slip on a puddle of water in a store aisle, you need to show the management of the store either… Read More »
Does Motive Matter In A Wrongful Death Case?
Personal injury law, which includes cases like wrongful death and medical malpractice, typically are not that concerned with the defendant’s motives. Indeed, most personal injury cases arise from accidents. For example, it really doesn’t matter why someone ran a red light and thus caused an accident. All the plaintiff needs to prove is that… Read More »
