Author Archives: Jay Butchko
Can My Auto Insurer Deny Coverage Based On Its Own Prior Mistake?
Mistakes happen all the time. When you make a mistake, you are expected to take responsibility and not make excuses. When we are talking about an auto insurance company’s mistake, however, things are rarely that simple. An insurer may double down and try to shift blame for their mistake to the policyholder. Error Over… Read More »
What You Need To Know Before Filing A Personal Injury Lawsuit Against The Government
If you are injured in a slip-and-fall accident while on private property, such as a supermarket, you normally have the right to sue the owner for damages arising from your accident. But what happens when you are on government-owned property? Say your slip and fall occurred while you were at the Post Office. Can… Read More »
Can You Discuss Auto Insurance In A Personal Injury Trial?
In personal injury cases, a jury is not supposed to consider evidence regarding what insurance, if any, is carried by the defendant. The reason for this rule is simple: The jury’s function is to consider the nature and amount of the defendant’s injuries arising from an accident. But if the jurors knew how much… Read More »
How The Language Of A Defendant’s Insurance Policy Can Affect Your Personal Injury Claim
When you file a personal injury lawsuit against a defendant, their insurance company is often contractually obligated to “indemnify and defend” them against your claim. These are actually two separate duties. A duty to defend basically means the insurer has to pay for the costs of defending the claim itself, such as by paying… Read More »
Florida Judge Rejects Defective Tire Lawsuit Due To Insurance Company’s Failure To Preserve Evidence
Motor vehicle accidents are not always the fault of a negligent driver. Many times, the problem is with the car or truck itself. And if a defective part was to blame for an accident, the manufacturer can be held liable under Florida law for any damages. Of course, before you can hold the manufacturer… Read More »
Florida Judge Continues To Sort Out Zantac Litigation
Since the 1980s, Zantac–the brand name of the drug ranitidine–has been one of the most popular over-the-counter medications in U.S. history. Millions of people have purchased and used Zantac, and later its generic equivalent, to treat heartburn and related conditions. Unfortunately, multiple scientific studies have found that ranitidine can transform into another chemical compound,… Read More »
Governor Vetoes Proposed Changes To Florida’s No-Fault Auto Insurance System
One of the biggest issues during this most recent session of the Florida Legislature was a bill designed to repeal the state’s “no-fault” law governing auto insurance. After weeks of speculation, Gov. Ron DeSantis vetoed the controversial measure, Senate Bill (SB) 54. Although the measure enjoyed bipartisan support in the legislature, many insurance and… Read More »
Can Firefighters Sue A Negligent Property Owner For Causing A Fire?
First responders such as firefighters are tasked with performing dangerous–and often deadly–tasks on a daily basis. In some cases, a first responder’s life may be at risk due to the negligence of a property owner. This begs the question: Can a firefighter file a personal injury lawsuit against a negligent property owner whose actions… Read More »
Supreme Court Declines To Consider Ex-Army Cadet’s Rape Lawsuit
Personal injury lawsuits against a government agency are always more complicated than those involving individuals or private businesses. In the United States, the general rule is that a government has “sovereign immunity” from civil suits unless there is an express waiver in place. When it comes to routine personal injury claims–say, a car accident… Read More »
Does Florida Law Still Apply If You Are Injured While Driving In Another State?
Florida requires all licensed drivers to carry a minimum amount of auto insurance. This insurance must provide certain “no-fault” personal injury protection (PIP) benefits. These benefits, in turn, must cover 80 percent of any “necessary and reasonable medical expenses” arising from a covered accident up to the $10,000, regardless of who was responsible for… Read More »
