Author Archives: Jay Butchko
Does The Defendant Have To Pay My Legal Fees If I Win My Personal Injury Case?
The general rule in Florida civil litigation is that both sides are expected to pay their own attorney fees regardless of the outcome of the case. In other words there is no automatic “loser pays” rule. But there is a notable exception, Florida law does make it possible for a plaintiff or defendant to… Read More »
Who Is A “Necessary Party” To A Florida Wrongful Death Claim?
When a person is killed in an accident, any potential personal injury claim they might have dies with them. Instead, Florida law authorizes a separate cause of action known as a wrongful death claim. The personal representative of the victim’s estate has the exclusive right to bring such a claim. Although the victim’s survivors,… Read More »
Proving Economic And Punitive Damages In A Florida Personal Injury Case
In any type of personal injury case, the burden is on the victim to prove their damages. With respect to economic damages, this can include providing expert testimony to help a jury calculate a plaintiff’s total economic losses arising from an accident. And if the plaintiff seeks punitive damages as well, they must show… Read More »
Can An Insurer Deny My PIP Benefits Based On An Omission In My Insurance Application?
Every driver needs to have auto insurance. This is especially important in Florida because of the state’s “no-fault” insurance rules. When you are injured in an accident, you are required to first look to your own policy for coverage through Personal Injury Protection (PIP) benefits. But just because you pay your insurance premiums on… Read More »
Can I Bring A Wrongful Death Lawsuit Even If I’m Not The Executor Of The Victim’s Estate?
In terms of personal injury law, a “wrongful death” is one caused by the negligent or reckless act of another. Florida law recognizes a special cause of action for wrongful death. Specifically, the personal representative appointed to oversee the victim’s estate is entitled to bring a wrongful death lawsuit against any responsible parties. If… Read More »
Can Nonbinding Arbitration Resolve My Personal Injury Case Quicker?
Litigating a personal injury claim often requires a good deal of time and expense. One way to expedite the process is through non-binding arbitration. Under Florida law, a judge may refer any civil action to arbitration. This is not the same thing as mandatory arbitration, as is sometimes required by contract. Rather, it is… Read More »
Can I File A First-Party Insurance Claim Even If I’m Not Listed On The Vehicle’s Title?
There is a basic principle in insurance law that an insured party may not collect more than its own financial interest in the property that is damaged or destroyed. This is referred to as having an “insurable interest.” You might think that merely having an insurance policy is proof of an insurable interest. But… Read More »
How Does A Judge Sort Out A “He Said/She Said” Accident Dispute?
It is fairly common for two drivers involved in an auto accident to blame one another for a collision. In the absence of conclusive evidence such as video footage, it often comes down to the conflicting testimony of the parties. The role of a jury (or a judge in a bench trial) is to… Read More »
Is An Arbitration Agreement Enforceable If It Would Be Too Costly For The Plaintiff?
A common tactic used by nursing home operators to avoid potential abuse and neglect lawsuits is to insist their residents sign binding arbitration agreements. Arbitration is often presented as a quicker, less expensive alternative to litigation for resolving legal disputes. But in many cases, arbitration is actually more costly for the party seeking to… Read More »
Florida Nursing Home Attempts To Silence Abuse Allegations By Filing Defamation Lawsuit
Reports of nursing home abuse are all too common in Florida. Family members are often outraged to discover the mistreatment suffered by their loved ones at the hands of those charged with protecting the elderly and vulnerable. Oftentimes, these family members feel they have no choice but to take public and legal action to… Read More »
