Author Archives: Jay Butchko
How Do the Courts Define “Reasonable Person”?
The basis of any personal injury claim is negligence, which refers to actions or inactions by one person that result in harm to another person or property. The reasons the courts have a negligence standard is because they realize that nobody is perfect and that accidents do happen despite one’s best intentions to prevent… Read More »
The Impacts of Whiplash on Your Daily Life
Soft tissue injuries are some of the most common types of injuries victims of Miami car crashes sustain. Soft tissue injuries generally fall into one of three categories: sprains, strains, and contusions. Whiplash, otherwise known as “hyperextension” or “cervical strain/sprain,” and neck injuries, which fall into the sprain/strain categories, are some of the most… Read More »
Are Liability Waivers Enforceable in Florida?
Companies and organizations use liability waivers all the time. A gym might use a liability waiver to release itself of liability should a member be harmed by a piece of equipment. A little league organization might use a waiver to protect itself from assuming financial responsibility should a participant sustain an injury during play…. Read More »
Does Florida Have Medical Malpractice Damage Caps?
When you turn to a healthcare provider for care, you expect him or her to properly diagnose and treat you and to ensure that when you leave his or her office, you do so with a positive prognosis. The last thing you expect a doctor, nurse, practitioner, or any other type of healthcare provider… Read More »
The Legal Elements of a Medical Malpractice Case
Though medical malpractice laws vary from state to state, medical malpractice is generally defined as any act or omission by a healthcare provider during treatment of a patient that deviates from the accepted standard of care and that results in injury to the patient. When a physician or healthcare provider commits medical malpractice, the… Read More »
Your Step-by-Step Checklist for How to React After a Miami Truck Accident
If you are like many Floridians, you have not had the misfortune of being involved in a trucking accident. You likely also do not have a plan in place that can help you capture important information at the scene of an accident should you be involved in one in the future. You should, though,… Read More »
Is Your Florida Business OSHA Compliant?
When you go to work each day, do you think about your workplace safety? You should always be concerned about whether or not your workplace is OSHA compliant. When the Occupational Safety and Health Act was passed, states had the chance to outline their own plans and submit them to the Secretary of Labor… Read More »
Legal Protections for Florida’s Nursing Home Residents (and What to do if They Are Violated)
Many people consider elderly people to be most at risk for abuse. Sadly, in many cases, it is a member of the elder’s own family who perpetrates the abuse. However, that does not mean that abuse does not occur by caretakers or nursing home staff. In fact, nursing home abuse is scarily common in… Read More »
Paying for Legal Fees When You Sustain Personal Injuries
Nobody plans to get injured in an accident, but unfortunately, accidents do happen. Certain accidents, such as car crashes, slip and fall incidences, construction accidents, and medical malpractice accidents often result in severe and life-altering injuries. They also result in substantial medical expenses, lost wages, and other financial harms. Ideally, the negligent party’s insurance… Read More »
Who is at Fault in a Prescription Liability Case?
When you see a physician or pharmacist about a prescription medication, you trust he or she will fill your prescription properly. Unfortunately, it is not uncommon for a physician, pharmacist, or pharmaceutical company to breach a patient’s trust. According to the U.S. Food and Drug Administration, there are approximately 100,000 reports a year that… Read More »