Author Archives: Jay Butchko
Fort Myers Residents Potentially Exposed to Arsenic Contamination
A Fort Myers community recently discovered that the city dumped toxic sludge in the neighborhood 50 years ago and never explicitly informed the residents or did anything to clean up the site. In 1962, the city bought land in a residential area (specifically in the Dunbar community between Henderson and Midway avenues and Jeffcott… Read More »
Wrong-Way Driving Accidents
Car accidents are scary, no matter how they happen. But imagine you’re traveling down the road when you realize that there’s a car driving the wrong way in your lane — and you are both headed straight for a collision. Florida follows a no-fault system, meaning that your car insurance company will pay for… Read More »
When Can You File a Personal Injury Lawsuit Under the PIP Insurance System?
Under Florida law, not every car accident victim is entitled to bring a personal injury lawsuit. Florida is a no-fault state, which means that your auto insurance company will provide coverage for your medical expenses, lost wages, and other related expenses up to the limit of your policy (the minimum coverage is $10,000 under… Read More »
Court Permits Deposition of Miami City Officials in Personal Injury Case
There are number of procedural issues that could prevent plaintiffs from prevailing in their personal injury lawsuits, or at least make it more difficult. That’s why you should always consult with an experienced attorney who understands how to handle such issues. One recent example surfaced in a personal injury lawsuit filed by customers who… Read More »
Slip-and-Fall Personal Injury Law
People are injured in falls every day, but only some of those injuries are someone else’s fault. A legally compensable slip-and-fall accident happens when a person falls because of another person’s negligence (usually a property owner). Here are several examples of recent slip-and-fall lawsuits: Slip-and-Fall Accident Examples A former Miami Dolphin, Bob Kuechenberg, claims… Read More »
What Is Alternative Dispute Resolution?
Not every personal injury lawsuit goes to trial. In fact, it is often less expensive and less time-consuming for litigants if their claims are resolved outside of the courtroom (but sometimes a trial is still your best option). There are two main forms of alternative dispute resolution (a method other than litigation used to… Read More »
Injuries Caused by Hurricane Debris
Hurricane season is underway, and while there have not been any hurricanes yet this year, tropical storm Cindy recently made landfall before weakening into a tropical depression, dumping rain on the Florida panhandle, downing trees and causing other types of rain and wind damage along the Gulf Coast. In fact, a 10-year-old boy was… Read More »
The Personal Injury Lawsuit Timeline
If you have been injured in an accident, the last thing you need to worry about is the legal process. That’s why consulting with an experienced attorney is one of the first things you should do in case of personal injury. But it’s still important to be aware of the process so that you… Read More »
Florida Hospital Asks U.S. Supreme Court to Decide Medical Records Dispute
A Jacksonville hospital system recently petitioned the U.S. Supreme Court to decide a legal dispute involving the disclosure of medical records. The case could affect what medical records are discoverable in medical malpractice cases. The Lawsuit This is a medical malpractice case involving a woman who allegedly suffered a severe neurological injury because of… Read More »
Supreme Court Limits Jurisdiction in Personal Injury Lawsuits
It’s not enough to have a viable personal injury complaint against a negligent defendant — you also have to file that complaint in the proper court. Otherwise your claims can be dismissed for lack of jurisdiction. What Is Jurisdiction? There are two types of jurisdiction: subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction… Read More »