Author Archives: Jay Butchko
Can My Auto Insurance Company Require An “Independent” Medical Exam Before Paying Out PIP Benefits?
Florida follows a “no-fault insurance” rule with respect to auto accidents. Essentially, this means that if you require medical care following an accident, your own insurance company is expected to provide “personal injury protection” (PIP) benefits to cover your expenses. The insurer is required to provide such coverage without regard to fault–i.e., without deciding… Read More »
Sorting Out Legal Responsibility For A “Jackknife” Accident
Truck accidents often involve multiple vehicles and a complex chain of causation. For example, in a so-called jackknife accident, a tractor trailer may be forced to suddenly brake when responding to actions taken by other drivers on the road. This sudden braking then causes the truck to skid and its trailer to swing around…. Read More »
Does Insurance Cover Damages Arising From “Assault And Battery”?
Not all personal injury claims arise from accidents. If someone intentionally assaults you, for example, you can file a personal injury claim for any damages arising from that attack. And to take it a step further, if that assault occurred on someone else’s property, the premises owner may be liable for failing to provide… Read More »
How Can Hearsay Be Used In A Florida Wrongful Death Lawsuit?
In wrongful death lawsuits, it is not uncommon for either side to rely upon expert testimony in support of their case. Expert testimony can help a jury understand complex technical issues. Such opinions must, of course, be grounded in facts or data relevant to the case. At the same time, a jury may not… Read More »
Is A Franchisor Responsible For Personal Injury Lawsuits Filed Against An Individual Franchisee?
One of the basic rules of personal injury law is that a “superior” can be held legally responsible for the acts of a “subordinate.” For example, if you are driving your car and are struck by a delivery van, you can sue the delivery company for its employee’s negligence. As far as the law… Read More »
You Live in Florida. Your Car Accident Happened in Georgia. Which State’s Laws Apply to Your Personal Injury Case?
Personal injury lawsuits are typically handled at the state level. This is because every state has its own specific rules for handling such claims. A lawsuit that may be viable in Florida, for example, may not be in Georgia, and vice versa. One reason you should always consult an attorney as soon as possible… Read More »
Can You File a Wrongful Death Lawsuit Against a Negligent Stock Broker?
You may have read stories about the sudden rise in share prices of the video game retailer GameStop. According to a January 29 report from CNET, GameStop shares saw a 14,300 percent increase over the preceding few months, fueled largely by a popular stock trading app called Robinhood. According to CNET, Robinhood is a… Read More »
What Happens If Your Auto Insurance Is Canceled Just Before You Have an Accident?
Florida follows a “no-fault” rule when it comes to auto accident damages. This means that if you are involved in a car accident, you are required to first seek coverage from your own auto insurance carrier no matter who was responsible for causing the damage. Only if your injuries meet a certain legal threshold… Read More »
How Does “Personal Jurisdiction” Affect a Florida Personal Injury Lawsuit?
If you want to file a personal injury lawsuit in a Florida court, you must establish that the court has “personal jurisdiction” over the defendant. This is usually not a big deal. For example, if you are a Florida resident and get into a car accident with another Florida resident, a Florida court clearly… Read More »
Judge Does Not Accept New Theory of Car Accident That Led to $1.4 Million Personal Injury Award
Before you file a personal injury lawsuit following a car accident, it is critical to conduct a thorough investigation into the parties involved. For example, if you are hit by a vehicle owned by a business, you need to research that business and learn about what insurance policies, if any, may cover that vehicle…. Read More »
