Author Archives: Jay Butchko
How Much Will You Receive for Pain and Suffering?
Injuries are often more than physical. In fact, the emotional and psychological pain of an injury can be just as devastating, which is why Florida law permits personal injury claimants to recover damages for their pain and suffering. What Is Pain and Suffering? Pain and suffering includes the physical pain of an injury, as… Read More »
Filing a Wrongful Death Lawsuit Against the Police
A widow is suing the City of Tampa in Hillsborough County Circuit Court for the wrongful death of her husband, who died in 2014 when Tampa Police pulled him over. Officers were responding to a call about a wrong-way driver when they stopped Arthur Green Jr. They forcibly removed him from his car and… Read More »
Senate Fails to Vote on PIP Insurance Repeal
In April the Florida House of Representatives voted to repeal the state’s personal injury protection (PIP) insurance system. But because of the Senate’s inaction, the measure will not become law — at least not until another legislative session. What Is the Law Currently? Florida is only one of ten states with no-fault auto insurance…. Read More »
Understanding Property Owner Liability
Property owners have certain responsibilities under Florida law. If you go over to someone’s house and get injured, they might be liable for your damages. This is called premises liability law, which applies not only to homeowners but also to small business owners. If you sprain your ankle in an unexpected hole in a… Read More »
Miami (and Florida) Is a Dangerous Place for Cyclists
Miami is one of the most dangerous places in the country to ride a bicycle. In fact, Florida has the most cyclist fatalities in the United States. The four deadliest cities are Jacksonville, Tampa, Orlando and Miami. More than 3,500 cyclists were injured in Miami between 2010 and 2014, and 47 were killed. It… Read More »
Understanding Florida’s Comparative Negligence System
One thing to keep in mind if you’re injured because of another person’s negligence is that more than one person might be to blame. Different states have different methods for apportioning fault in these situations — Florida follows the comparative negligence standard. How Does Comparative Negligence Work? Pure comparative negligence means that the amount… Read More »
Florida Supreme Court Strengthens Attorney-Client Privilege in Negligence Cases
The Florida Supreme Court recently ruled that defense attorneys can’t ask plaintiffs in personal injury lawsuits if their lawyers referred them to physicians for treatment. In other words, if you are injured because of another person’s negligence and you file a lawsuit, the defense can’t ask you whether your lawyer referred you to a… Read More »
Florida House Votes to Repeal PIP Insurance
The Florida House of Representatives recently voted to repeal the state’s personal injury protection (PIP) insurance system. It’s now up to the Senate whether Florida, which is still only one of ten states with no-fault auto insurance, eliminates PIP coverage in favor of bodily injury coverage. What Is PIP Insurance? Under current Florida law,… Read More »
Tobacco Lawsuits in Florida
Thousands of lawsuits have been filed against tobacco companies over the years, including in Florida. In fact, the Florida Supreme Court recently allowed thousands of negligence and liability claims to proceed against R.J. Reynolds. The tobacco company had argued that federal law preempts the state law claims, but the Florida court disagreed. This means… Read More »
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 »
