Author Archives: Jay Butchko
Your PIP Insurance Policy and the 14-Day Rule
Because Florida is a no-fault state, your auto insurance company must provide coverage for your medical bills, lost wages, and other related expenses whenever you are injured in a car accident. That coverage is limited by the terms of your insurance policy, but the minimum coverage that you must purchase is $10,000. (Note that… Read More »
When Your Car Accident Is Caused by a Pothole
Potholes have been a major source of driver headaches over the years. For example, an Uber driver accidentally drove into a pothole after dropping a customer off at a Jacksonville apartment complex in November 2017. She says she didn’t realize it was a pothole because it was filled with water and looked like an… Read More »
First Lawsuit Filed After Tragic Bridge Collapse at FIU
Six people died, and others were injured, when a pedestrian bridge collapsed at Florida International University on March 15. One of the survivors recently filed the first civil lawsuit related to the incident, alleging negligence by the companies that oversaw the bridge’s design and construction. What Happened? According to the National Transportation Safety Board,… Read More »
Can Children Sue Their Parents for Negligence in Florida?
What happens in cases where a parent’s negligent behavior results in injury to his or her own child? Does the child have any legal recourse against the parent? The general rule in Florida is that children cannot sue their parents for negligence. The Florida Supreme Court adopted the doctrine of parental immunity in the… Read More »
The Difference Between Negligence and Negligence Per Se
Negligence is a central component of personal injury law. Typically, the injured plaintiff must prove that the defendant’s failure to use reasonable care caused those injuries. Proving negligence can be difficult. But in some cases, the law creates a legal shortcut, making it easier for injured plaintiffs to recover compensation. That “shortcut” is called… Read More »
Court Dismisses Wrongful Death Claim Against Riverside Hotel
In 2012, a drunk driver drove into a pool cabana wall at the Riverside Hotel in Fort Lauderdale. The structure collapsed, killing a pregnant woman, Alanna Demella, and injuring her husband Michael. The driver’s blood alcohol content was three times the legal limit. Michael filed a wrongful death lawsuit against the hotel, alleging that… Read More »
Claim Bill Approved for Parents of Student Killed in School Shooting Two Decades Ago
Fourteen-year-old Jean Pierre Kamel died 21 years ago when a classmate shot him at Conniston Middle School in West Palm Beach. His parents filed a lawsuit against the Palm Beach County School Board, alleging that the district’s negligence contributed to their son’s death. The jury awarded them a $1.6 million judgment, but the school… Read More »
Potential Lawsuits after Stoneman Douglas Shooting
It was an unspeakable tragedy — 17 students and teachers died when a gunman opened fire at Marjory Stoneman Douglas High School in Parkland on February 14, and 16 others were injured. Two injured students recently signaled their intention to sue the Broward County Sheriff’s Office, along with the Broward School Board, the FBI… Read More »
PIP Repeal Efforts Fail Again
The latest attempt to repeal the state’s no-fault car insurance system recently died in a Senate subcommittee. Florida is one of only two states that doesn’t require car owners to purchase bodily injury and property damage coverage. Lawmakers have tried unsuccessfully for years to replace the personal injury protection (PIP) system with a requirement… Read More »
Discovery in Personal Injury and Other Civil Lawsuits
The discovery process is important for both sides in a lawsuit. It is a pre-trial procedure that allows the parties to obtain evidence from each other. There are several methods parties may use to obtain discovery: Depositions. A deposition involves taking an oral statement from a witness before the trial (while the witness is… Read More »