Author Archives: Jay Butchko
How Long Is Required To Place A Business On “Constructive Notice” Of A Dangerous Condition?
Constructive notice is a critical, and often misunderstood, concept in personal injury law. Constructive notice is a common issue that arises in premises liability cases–i.e., slip and fall accidents. At its core, constructive notice means that even when the facts show a property owner did not have actual notice of a dangerous condition on… Read More »
Understanding The Florida Crash Report “Privilege”
It is always advisable to contact law enforcement following a traffic accident. Even if no criminal activity, such as drunk driving, is suspected, a police officer can still take down statements from people at the scene and prepare an official accident report. Under Florida law, any statements made in connection with a crash report… Read More »
Can The Family Of A Suicide Victim File A Wrongful Death Lawsuit?
Florida’s wrongful death law allows the estate of a deceased person to file a civil lawsuit against any person whose “wrongful acts” caused that death. In most cases, wrongful death lawsuits involve negligent or reckless acts done directly to the individual, such as a car accident or medical malpractice. But what about wrongful acts… Read More »
Is Circumstantial Evidence Enough To Prove A Personal Injury Case?
In any trial, a party may introduce both direct and circumstantial evidence to prove their case. Direct evidence usually consists of witness testimony, i.e., a person recalling what they personally saw or was told. Circumstantial evidence, in contrast, is indirect evidence from which a jury can infer certain things happened. Florida Appeals Court Tosses… Read More »
Is An Employer Responsible For A Car Accident Caused By An Employee During A Business Trip?
There are situations where an employer may be held legally responsible for an accident caused by an employee. For example, let’s say a local flower shop employs a delivery driver. While making a delivery, the driver runs a red light and slams into a minivan. Under Florida law, the owner of the flower shop… Read More »
How Do Third-Party Bad Faith Insurance Claims Work In Florida?
An insurance company has a legal duty to act in “good faith” when settling a claim. In the context of a car crash, for instance, an insurer cannot drag its feet or refuse to settle a claim when it knows their insured driver caused the accident. Florida law even permits the accident victim to… Read More »
Understanding The Use Of Expert Testimony In Personal Injury Cases
Many personal injury cases require the use of expert testimony. An expert can offer context and understanding of certain technical issues that is normally beyond the experience of the average person–that is to say, the average juror. Trial courts use a test known as the Daubert standard to screen potential expert testimony. If the… Read More »
Can The Defendant In A Personal Injury Case “Surprise” Me With New Evidence Just Before Trial?
In television court dramas, you sometimes see a lawyer call a “surprise” witness or introduce evidence that was magically discovered at the last minute. In a real courtroom, however, such surprises are not allowed. All parties to a personal injury case, for example, have a duty to disclose any potentially relevant evidence to each… Read More »
Florida Supreme Court Weighs In On Excavation Accident Lawsuit
In 1993, the Florida Legislature passed the Underground Facility Damage Prevention and Safety Act. This law created a single toll-free number that a contractor could call before engaging in excavation or demolition work that might affect an existing underground facility. By calling the number, the contractor would give any “member operators” the chance to… Read More »
How An “Emergency Medical Condition” Can Affect Your Right To No-Fault Benefits
You might assume that if you are injured in an auto accident, your “no-fault” benefits under Florida’s Personal Injury Protection (PIP) law will automatically cover your bills. But the law is not quite that simple. The actual amount of benefits available will depend on your diagnosis. Under the statute, your no-fault insurer is required… Read More »
