Author Archives: Jay Butchko
How Signing a Liability Release Can Affect Your Right to File a Personal Injury Lawsuit
When participating in sports or other organized recreational activities, you are often asked to sign a release form. This is basically a legal document that waives your right to sue the organizer if you are injured during the activity in question. In some cases, however, a liability release may be unenforceable. For instance, if… Read More »
Understanding Third-Party Liability in a Personal Injury Case
A personal injury case may involve more than one responsible party. For example, if someone was injured or killed due to medical malpractice, the potential defendants may include the doctor, the hospital, and even other corporate entities affiliated with those health care providers. At the same time, there may be certain contractual agreements in… Read More »
How Do You Collect a Personal Injury Judgment in Florida?
So let’s say you are injured in a car accident. The other driver was at-fault. You proceed to sue the negligent driver in Florida circuit court. After going through the process of discovery and trial, a jury rules in your favor and awards you monetary damages. So what next? Does the defendant just hand… Read More »
What Is the “Open and Obvious” Defense to a Personal Injury Lawsuit?
In accidents involving a property owner’s potential liability, you will often hear about the “open and obvious” defense. Basically, a property owner is legally required to keep their premises reasonably safe for invited guests. If there is a hazard that injures a guest, the premises owner can be sued for damages in a personal… Read More »
What Happens if the Defendant in My Personal Injury Lawsuit Is Dead?
We often talk about “wrongful death” lawsuits where the estate of a deceased individual may sue the persons legally responsible for that death. But what about the opposite scenario? In other words, what happens if you want to file a personal injury lawsuit against a defendant who has died? Can you even bring such… Read More »
Can I Seek Punitive Damages in a Florida Personal Injury Case?
Whenever you hear about an exceptionally large jury verdict in a personal injury case–think tens of millions of dollars or more–it is usually due to a decision to award punitive damages. This is an exceptional category of damages that does not apply to every case. Indeed, the overwhelming majority of successful personal injury lawsuits… Read More »
Is an Employer Responsible for a Fatal Car Accident Caused By Its Employee?
When a car accident leads to serious injury or death, the negligent driver may not be the only legally responsible party. If that driver was acting within the scope of their employment at the time of the accident–say, they were making a delivery for their boss–then the employer can be held liable for any… Read More »
How Does a “Bad Faith” Claim Against a Florida Auto Insurance Company Work?
Insurance companies are not always quick to settle a claim arising from a car accident, even when their insured driver was clearly at fault. Such delays often frustrate accident victims, who are forced to deal with mounting medical bills and lost income while the insurance company continues to dither. In many cases, the insurer’s… Read More »
Planning for the Unexpected: Preparing for the Florida Car Accident You Hope to Never Have
Car accidents happen suddenly and without warning and are a scenario none of us would like to find ourselves involved in. However, that doesn’t mean you can’t be prepared for one no matter how much you likely hope you never find yourself involved. Although car accidents in Florida are not unique, the outcome of… Read More »
Three Road Safety Tips Every Out-of-State Visitor Should Know
Can you imagine a winter without the numbers of snowbirds we are used to here in South Florida? Our state has long had the reputation of attracting northern residents around this time of year who are seeking to escape the chilliest of weather back home. Each year, thousands of residents from the northern states… Read More »
