Author Archives: Jay Butchko
How Long Must A Safety Hazard Exist For A Store Owner To Have “Constructive” Knowledge?
The key to any premises liability lawsuit is establishing the property owner had “actual or constructive knowledge” of the safety hazard that injured the customer. For example, if you are injured in a slip-and-fall accident caused by spilled water on a supermarket aisle, you need to show that the management either knew the spill… Read More »
When Is The Rear Driver Not Legally Responsible For A Rear-End Accident?
In rear-end car accidents, the rear driver is usually at fault. Florida law actually imposes a presumption of negligence on rear driver defendant in these situations. There are, however, ways a defendant can rebut this presumption, such as they can prove they suffered a “sudden and unexpected loss of consciousness,” which left them incapable… Read More »
Does A Judge Have To Remove A Juror From A Personal Injury Case Due To Preexisting Bias?
Most personal injury cases are settled out of court without the need for a trial. But if a case does go to trial, the victims have the right to be heard by an impartial jury who will not allow their own preexisting biases or life experience to cloud their judgment. To protect against such… Read More »
What Happens When You Are Forced Into Arbitration–But Cannot Agree On Who Should Be The Arbitrator?
There are some situations where a personal injury or wrongful death claim may be settled through binding arbitration instead of traditional litigation. Arbitration often comes up in the context of legal claims against nursing homes, which may ask residents to sign binding arbitration agreements during the admissions process. Federal and state laws tend to… Read More »
Are Government Contractors Protected By Sovereign Immunity From Personal Injury Lawsuits?
When you want to file a personal injury lawsuit against the state or any part of the state, such as a county, you need to be mindful of the rules governing sovereign immunity. Basically, you cannot sue the government unless the legislature adopts a law permitting such lawsuits. The Florida legislature has adopted such… Read More »
How A Seemingly Simple Deadline Can Trip Up Your Personal Injury Case
When pursuing any type of personal injury claim, you need to be aware of certain deadlines. For example, you probably know that there is a rule called the statute of limitations that requires you to file a lawsuit within a certain time period. For personal injury claims, Florida’s statute of limitations is four years…. Read More »
Auto Insurer Not Responsible For $7.7 Million Wrongful Death Judgment
Auto insurance companies are not in the business of paying out claims when they believe the language of the policy supports a denial of coverage. In some situations, the policy language may be ambiguous, in which case a Florida court will normally resolve the ambiguity against the insurance company as the drafter. But when… Read More »
What Is The Difference Between Stacked And Non-Stacked Uninsured Motorist Coverage In Florida
When you purchase auto insurance in Florida, the insurer is required to offer you uninsured motorist (UM) coverage as part of the policy. UM coverage provides you with benefits if you are injured in an accident caused by an unknown or uninsured driver. Florida law further permits insurers to offer both “stacked” and “non-stacked”… Read More »
Florida Appeals Court Rejects Lawsuit From Broward Man Injured After High School Basketball Game
If you are injured while legally on private property, you can sue the owner if they created or allowed a dangerous condition to cause your accident. If you are injured on government property, however, things get a bit trickier. In many cases, you can pursue a premises liability claim against the government just as… Read More »
How Can Medical Insurance Benefits Affect My Personal Injury Award?
One of the most basic principles of personal injury law is that an accident victim is entitled to compensation for their medical expenses. In simple terms, if you are injured in a slip-and-fall accident, and your subsequent medical bills come to $10,000, the negligent property owner can be required to pay you $10,000 in… Read More »
