Author Archives: Jay Butchko
What Is the Impact Rule?
Different states have different rules when it comes to determining who is entitled to emotional distress damages after an accident. Florida follows the impact rule, which means that a person claiming negligent infliction of emotional distress must prove that his emotional distress resulted from some type of physical impact. In other words, a person… Read More »
Florida Drivers Are Among the Most Distracted
Distracted driving is a serious problem in Florida, especially when that distraction comes in the form of a cell phone. In fact, a study conducted by the Transportation Research Laboratory found that texting delays a driver’s reaction time significantly more than alcohol delays a drunk driver’s reaction time. According to another study, Florida ranks… Read More »
Will Florida Reform Its Personal Injury Protection (No-Fault Insurance) System?
Florida is currently one of ten states with personal injury protection, also known as no-fault auto insurance. But state legislators are trying to change Florida’s auto insurance system. Two competing bills have recently been voted out of their respective committees and will be debated by the full legislative chambers. The state Senate Banking and… Read More »
Tampa General Hospital Not Liable in Medical Malpractice Case
Doctors and other healthcare professionals are held to a high standard of care. Generally, the standard is the agreed-upon treatment for a particular condition for a particular patient within a particular region. For example, doctors in Florida are expected to treat all 65-year-old men suffering from high blood pressure with the same level of… Read More »
Airplane Accidents and Onboard Incidents
Airplane accidents can happen anytime and anyplace. While airplane accidents are far less common than car accidents, the potential for death and injury can be devastating. Airplane Accident Causes Common causes of airplane accident include: Flying in dangerous weather conditions, like a bad storm; Pilot error due to fatigue, illness or alcohol use; and… Read More »
Drunk Driving Statistics and Examples
Driving while under the influence of drugs or alcohol is one of the most dangerous things a driver can do. According to Mothers Against Drunk Driving (MADD), an organization founded by a mother whose daughter was killed by a drunk driver, two in three people will be involved in a DUI accident during their… Read More »
Hit-and-Run Accidents in Miami
Under Florida law, leaving the scene of a car accident that results in damage to a vehicle or other property, is a criminal offense. Moreover, the responsible driver can be found liable for damages if the accident results in injury or death and the victim (or the victim’s family) brings a personal injury or… Read More »
Common Types of Workplace Accidents
According to the federal Occupational Safety and Health Administration, 4,836 workers were killed on the job in 2015. That translates to more than 13 deaths a day. Almost 300 of those workplace fatalities occurred in Florida. Here are some examples of common workplace accidents that can result in injury or death: Repetitive motion injuries… Read More »
Workers’ Compensation for Football Players?
Last year a group of retired football players brought a lawsuit against the National Football League. They wanted the NFL to recognize chronic traumatic encephalopathy as an occupational hazard eligible for workers’ compensation. They filed their federal lawsuit in Fort Lauderdale. While the lawsuit has since been withdrawn, the ultimate goal remains the same… Read More »
Bringing a Wrongful Death Lawsuit
On June 12, 2016, a gunman opened fire at Pulse nightclub in Orlando, killing almost 50 people and injuring dozens of others. Now, some of the families of the victims are bringing a wrongful death lawsuit against the nightclub shooter’s wife and his former employer, claiming that they ignored crucial warning signs that he… Read More »