Author Archives: Jay Butchko
Basics of a Florida Slip and Fall Case
In slip and fall injuries, a person slips, falls and injures himself or herself due to the negligence of the owner of the business or property in which she slipped. Under tort law which encompasses personal injury law, the injured person can recover monetary compensation for her injuries when certain elements are met. The… Read More »
What is “Willful and Wanton Conduct”?
When a person files a personal injury claim, he or she has the burden of proving that the other party acted negligently and that his or her negligence caused the incident. That said, the term “negligence” conveys a degree of miss-care. When a person’s actions seem almost deliberate, the courts may decide that his… Read More »
Who Pays for Damages in a Rental Car Accident?
Florida is one of the top vacation destinations in the United States. As such, thousands of out-of-state drivers traverse Florida roads on a monthly basis. Many of those drivers are in rental cars. If you rent a car while on vacation in Florida, the attendant will ask you if you wish to purchase insurance…. Read More »
How to Obtain and Use Police Reports After an Accident
When you are involved in a car or truck accident to which law enforcement responds, the attending officer or officers should generate a police report. Though you may not be thinking clearly directly after the incident, you should, if possible, remember to request a copy of the report. If you fail to do so—which,… Read More »
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 »