Author Archives: Jay Butchko
The Stages of Personal Injury Litigation
Personal injury claims are generally grounded in negligence, which means that the injury happened because someone failed to use reasonable care. Maybe a driver ran a redlight, or a restaurant employee didn’t clean up a spill. Whenever negligent behavior causes an injury, the injured person has a right to seek compensation from the responsible… Read More »
Understanding Vicarious Liability
You might think you know who’s responsible for your injuries if a vehicle changes lanes into you or runs a red light and crashes into your car. But sometimes there’s more to the story. Let’s say the negligent driver works for a trucking company and was making a delivery when he caused the accident…. Read More »
The Dangers of Trampoline Parks
NBC6 recently published an investigation that highlights the risks of visiting a trampoline park. (A trampoline park is just what you think. It’s an indoor fitness facility with wall-to-wall trampolines, where kids and adults go to bounce around and have fun.) Investigators examined 911 calls made from South Florida trampoline parks in the last… Read More »
The Future of Flood Insurance
The National Flood Insurance Program (NFIP) is set to expire on July 31, 2018, which is a problem for Floridians and anyone who lives in flood-prone areas. Especially since standard homeowner’s insurance policies don’t cover flood damage. What is the National Flood Insurance Program? Recognizing that most insurance policies don’t cover flood damage, the… Read More »
Medical Providers and Florida’s Personal Injury Protection System
A child was ejected from his vehicle in a March 2013 car accident and flown by helicopter to a hospital in West Palm Beach. He died from his injuries soon after arriving at the hospital. The air ambulance billed $27,975 for its services. The child’s father had car insurance through State Farm Mutual Automobile… Read More »
Liability for Sinkhole Accidents
More sinkholes open in Florida than in any other state in the country. Sinkholes can cause property damage, they can cause environmental damage, and they can also cause personal injuries — and in some cases, even death. You might be able to file a personal injury or wrongful death lawsuit depending on the circumstances… Read More »
Suing the Government for Gun-Related Injuries
The Florida Department of Agriculture and Consumer Services fired one of its managers last year after investigators discovered that she didn’t review hundreds of federal background checks before issuing concealed-weapons permits. The commissioner of the department called the former employee “negligent and deceptive.” Now it turns out that other employees are also to blame… Read More »
Deceptive and Unfair Trade Practices in Florida
Two McDonald’s customers recently filed a class action lawsuit against the fast food giant. They filed their complaint in federal court in Florida, claiming that they’ve been charged the full price for the Quarter Pounder with Cheese even when they order it without the cheese. The customers are seeking damages under the Florida Deceptive… Read More »
Injuries Caused by Fireworks
Thousands of people are injured by fireworks every year, according to the U.S. Consumer Product Safety Commission (CPSC). In 2017, U.S. emergency departments treated approximately 12,900 people whose injuries were at least partially caused by fireworks. Here are a few other related stats: There were eight fireworks-related deaths in 2017 (not counting people who… Read More »
Avoid Filing a Frivolous Lawsuit
Some personal injury lawsuits don’t succeed at trial. Usually that’s because the plaintiff couldn’t prove her case or didn’t follow the proper procedures. But sometimes, a lawsuit fails because the plaintiff had no reason to be filing the claim at all. There’s a difference between filing a claim that isn’t viable and filing a… Read More »