Author Archives: Jay Butchko
What Does “Personal Jurisdiction” Mean In A Florida Personal Injury Case?
Anytime you file a lawsuit against someone, you need to establish the court’s personal jurisdiction over that defendant. In personal injury cases this is often difficult. If two Florida drivers get into an auto accident, for example, Florida courts have personal jurisdiction over both parties. Even when a defendant is not a Florida resident,… Read More »
Is An Auto Dealership Liable For An Accident Cause By A “Loaner” Vehicle?
Vicarious liability is an important legal concept when it comes to auto accidents. It basically means that the owner of a vehicle can still be held financially responsible for an accident victim’s injuries even if they were not the person actually driving the car at the time. For example, if someone causes an accident… Read More »
Using Circumstantial Evidence To Prove “Constructive Knowledge” In A Florida Slip And Fall Lawsuit
In slip-and-fall accident cases, a key legal issue is often establishing the property owner’s “constructive knowledge” of a dangerous condition. Constructive knowledge is an alternative means of establishing liability when the owner lacks actual knowledge. In its simplest form, constructive knowledge means that the owner should have known there was a problem had it… Read More »
The Perils Of Rejecting “Stacking” UM Coverage For Your Auto Insurance Policy
We have all filled out Internet forms that require us to check certain boxes and read the fine print. Most of us simply check the box without bothering to carefully read or consider what we have just agreed to. Unfortunately, when it comes to something like purchasing auto insurance, failing to pay attention may… Read More »
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 »
