Author Archives: Jay Butchko
If I Win My Personal Injury Lawsuit, Is The Defendant Responsible For Paying My Legal Bills?
Most personal injury lawsuits are settled without the need for litigation. Indeed, it is not unusual for a plaintiff to make a settlement offer to a defendant just before trial and vice versa. Florida law strongly encourages parties to settle. Or put another way, the law punishes those parties that refuse to accept a… Read More »
How Much Evidence Do You Need To Prove “Constructive Knowledge” In A Slip And Fall Case?
Slip-and-fall accidents are often the result of liquid or another slippery substance left unattended to on the floor of a public accommodation. The property owner is required to keep their premises in “reasonably safe” condition under Florida law. This means it is incumbent on a store manager, for example, to regularly inspect their floors… Read More »
Understanding “Negligent Entrustment” Claims In Personal Injury Lawsuits
When a negligent driver causes a car accident, the injured victims can seek monetary damages from said driver. In some cases, the victims may also have a personal injury claim against the owner of the vehicle, if they are a different person from the driver. Florida recognizes a cause of action for negligent entrustment… Read More »
Can A Judge Alter A Jury’s Verdict In A Personal Injury Case?
In a personal injury case, it is typically left to the jury to decide the amount of damages that a negligent defendant owes to the plaintiff. That said, Florida law does permit the court to decrease or increase the jury’s award–known as remittitur and additur, respectively–if the judge concludes the verdict was “excessive or… Read More »
What Are “Pain And Suffering” Damages In A Personal Injury Case?
We often use the term “pain and suffering” to describe monetary damages in personal injury lawsuits. But what exactly do we mean by “pain and suffering”? And how does a jury actually calculate such awards? Pain and suffering is what the law considers a form of non-economic damages. Economic damages are those that can… Read More »
What Are A Victim’s Rights Following A Drunk Driving Accident?
Each year, thousands of people are injured or killed nationwide in car accidents caused by drunk drivers. Indeed, barely a week goes by before there are news reports of a DUI-related accident on Florida’s highways. Although there are stiff criminal penalties involved for driving under the influence–particularly when innocent people are harmed–what about the… Read More »
Why Would I Settle My Personal Injury Claim?
Although trials and jury verdicts tend to garner the most attention in the press, in reality the vast majority of personal injury claims are settled out of court. The biggest reason for this is risk–or more accurately, the desire to avoid risk. Taking a personal injury case to trial is risky for both sides…. Read More »
Federal Court Dismisses Pulse Massacre Victims’ Lawsuit Against Social Media Giants
On June 12, 2016, a man walked into Pulse, a gay nightclub in Orlando, and opened fire with an automatic rifle and a semi-automatic pistol. The killer managed to take 49 lives while injuring 53 others who survived. When confronted by police, the killer claimed he was an “Islamic soldier” loyal to the Islamic… Read More »
Florida Nursing Home Attempts To Invoke Federal Statute To Avoid State COVID Lawsuit
The COVID-19 pandemic has placed renewed scrutiny on Florida’s nursing homes and the often substandard and negligent care they provide to residents. Many patients have suffered and died due to failure to follow basic safety protocols during this emergency. Yet when faced with the prospect of accountability for this neglect, these same nursing homes… Read More »
When Is The Postal Service Responsible For A Fatal Car Accident?
There is an old expression, “You can’t fight City Hall!” That is not exactly true, at least when it comes to personal injury claims. Although the government normally cannot be sued without its consent, federal and state legislation does carve out an exception for civil lawsuits arising from the negligent acts of government employees…. Read More »
