Author Archives: Jay Butchko
Miami Judge Allows COVID-19 Wrongful Death Lawsuit Against Publix to Proceed
A wrongful death lawsuit allows the families of a deceased individual to hold any negligent parties responsible for that death. Although we commonly associate wrongful death with sudden events like traffic accidents, they may be used in any situation where someone has violated a legal duty owed to another person, and in doing so… Read More »
Can a Judge Just Throw Out a Jury Verdict in a Personal Injury Case?
When a personal injury lawsuit proceeds to trial, it is the role of the jury to serve as the “fact finder.” Among other things, this means the jury–not the judge–is supposed to weigh the credibility of the witnesses and other evidence in determining who was at fault for an accident. Although there are limited… Read More »
I Was Injured While on a Cruise–Can I Sue?
When a slip and fall accident occurs within Florida, you have the right to sue the property owner in court for damages. This is what is known as a premises liability claim. Essentially, you need to prove that the owner’s negligence in maintaining their property caused your accident. But what happens when a slip… Read More »
The Role of “Proximate Causation” in Florida Personal Injury Cases
In a personal injury case, the plaintiff must prove proximate cause. That is, even if the defendant clearly committed a negligent act, the plaintiff still needs to explain how that negligence caused their actual injury. As the Florida Supreme Court has explained, proximate cause requires proof that it was “more likely than not that… Read More »
Insurance Companies Are Not Always Required to Cover an Auto Accident
Insurance companies are often responsible for paying out any damages arising from a car accident caused by the policyholder’s negligence. Of course, an insurance policy is itself a contract. And as such, courts will strictly interpret the terms of that contract when deciding if a particular accident is even covered in the first place…. Read More »
How “Summary Judgment” Can Affect Your Personal Injury Lawsuit
Before a personal injury case gets before a jury, either party can move for what is called “summary judgment.” Basically, summary judgment means that the judge determines whether sufficient evidence exists to even warrant sending a case–or a specific issue within a case–to a jury. Put another way, a summary judgment motion allows a… Read More »
Why Would My Personal Injury Case Be Heard in Federal Court?
Personal injury generally falls under state law. This means if you need to sue someone for causing a car accident, you will do so in a Florida circuit court. But in some cases, the person you sue has the right to transfer your lawsuit to a federal court. This process is known as removal…. Read More »
Can I File a Wrongful Death Lawsuit If the Killer Was Already Charged with a Crime?
In the United States, our legal system draws a clear distinction between civil and criminal cases. In a criminal case, the state prosecutes a person accused of breaking the law. With a civil case, by contrast, the victim sues someone who has allegedly wronged them. Of course, certain events may give rise to both… Read More »
5 Common Mistakes South Florida Drivers Make Following a Car Accident
A car accident is a sudden occurrence that often leaves the participants unsure what to do next. Unfortunately, such hesitation and uncertainty often leads to easily avoidable mistakes that can later jeopardize their ability to receive compensation from a negligent driver. Here are just a few of the mistakes we have seen clients make… Read More »
How Auto Accident Negligence Laws Differ Between Florida and Its Neighboring States
In some cases, it is easy to find one driver solely responsible for causing an auto accident. Consider a drunk driver who runs a red light and plows into a minivan that is lawfully in the intersection. But other accidents are not so easy to place blame. Maybe both drivers entered the intersection illegally,… Read More »
