Author Archives: Jay Butchko
Florida Supreme Court Finds Damages Cap Unconstitutional
The Florida Supreme Court recently ruled that caps on noneconomic damages in medical malpractice cases are unconstitutional, overturning a 2003 law that enacted such caps. Noneconomic damages are damages awarded for pain and suffering. (Economic damages refer to medical expenses, lost wages and other easily quantifiable costs.) Two appeals courts already had held that… Read More »
Breaking One of These Traffic Laws Can Be Grounds for Personal Injury Lawsuit
Driving comes with inherent risks for everyone on the road: drivers, passengers, bicyclists and pedestrians. Because most of those risks stem from automobile drivers, Florida has numerous traffic safety laws on the books. Breaking one of those laws can be a major factor in a personal injury lawsuit if the motorist’s actions result in… Read More »
Pedestrian Safety Laws in Florida
Walking and running are popular modes of transportation, especially during the spring and summer months when the weather is warmer. But pedestrians have to share the streets with motorists and cyclists, which means risking injury from negligent drivers. Many of Florida’s municipalities have taken steps to reduce the risks for pedestrians. The City of… Read More »
Florida Ranks Worst in the Country for Motorcycle Fatalities
Florida roads are a dangerous place for motorcyclists. In fact, the state once again has been ranked the worst in the country for motorcycle fatalities. A recent AAA study found a 30 percent increase in motorcycle deaths between 2014 and 2015. While motorcycles account for 3 percent of vehicles, they are involved in more… Read More »
Settlement Agreement in Takata Airbag Recall Lawsuit
Driving can be dangerous enough without adding defective automobile parts into the mix, but that’s exactly what’s at issue in a class action lawsuit filed in federal court in Miami against four automakers. Toyota, Subaru, BMW and Mazda recently agreed to pay $553 million to 15.8 million current and former car owners (and lessees)… Read More »
Understanding Litigation Risks and Challenges
Personal injury lawsuits come with inherent risks. They typically involve a lot of time and money, and sometimes you don’t get the result that you want. An experienced personal injury attorney will take the time to understand the complexities of your case and develop the most cost-effective, time-efficient strategy to help you recover the… Read More »
Accidents Involving Autonomous and Semi-Autonomous Vehicles
A federal class action lawsuit in California involving a Florida plaintiff claims that the enhanced autopilot system in 47,000 Tesla S 90D electric sedans is dangerously defective. The Florida plaintiff is a man from Davie named John Kelner, who bought his Tesla in December 2016. According to the complaint, these cars veer out of… Read More »
Legislative Proposals that Would Have Affected Personal Injury Cases
Two bills that would have affected personal injury cases in Florida will not become law, at least not this year. (But like changes to the personal injury protection system that recently failed and have been considered in past years, these proposals could be reintroduced in another legislative term if there is legislative or public… Read More »
Were You Injured at an Amusement Park?
Some of the world’s most beloved characters “live” in Orlando. In fact, people come from all over the world to meet Mickey Mouse, Cinderella and numerous others at Walt Disney World, where they spend hundreds (and sometimes thousands) of dollars on rides, food, lodging and souvenirs. Orlando is also home to Universal Orlando, SeaWorld… Read More »
The Dangers of Dump Trucks
Dump trucks are typically used to carry loose construction material (like sand, gravel and waste) from one location to another. But while they play a critical role in the construction industry, dump trucks pose unique dangers to other drivers on the road. For example, dump trucks are heavy vehicles that are difficult to maneuver… Read More »
