Author Archives: Jay Butchko
Understanding the “Fabre Doctrine” in Florida
Florida is a pure comparative negligence state, which means that parties pay damages based on their degree of negligence. For example, let’s say that three cars were involved in an accident. One car ran a stop sign, a second car was speeding, and the third abided by all applicable traffic laws. Fault will likely… Read More »
Road Rage Incidents in Florida
According to the American Automobile Association (AAA), most drivers admit that they have expressed road rage while behind the wheel. Aggressive honking, tailgating, and cutting drivers off are all road-rage behaviors that often contribute to accidents. An even scarier form of road rage emerges when the driver is armed. Road Rage Involving Guns In… Read More »
Drownings and Drowning-Related Injuries in Florida
Drowning is the fifth leading cause of accidental death in the United States, according to the federal Centers for Disease Control and Prevention. Twenty percent of those deaths are children aged 14 and younger. In fact, drowning was the leading cause of preventable death among children ages 1 to 4 between 2005 and 2014…. Read More »
Negligent Airport Security and the Fort Lauderdale Airport Shooting
On January 6, 2017, a man opened fire in the Fort Lauderdale airport and killed five people. One year later, the family of one of the victims filed a wrongful death lawsuit against several entities they claim are responsible for the incident. They are only seeking damages for the pain and suffering they’ve experienced… Read More »
Will My Personal Injury Lawsuit Be Dismissed?
There are many risks associated with filing a personal injury lawsuit. One major risk is that the defendant files a motion to dismiss your case and the judge decides that your claim is not viable. What Is a Motion to Dismiss? A motion to dismiss is a formal request asking the court to throw… Read More »
Options After Losing at Trial
The outcome in litigation is never guaranteed, even when you have a seemingly foolproof personal injury case and a topnotch attorney. But any good attorney will also tell you that losing at trial doesn’t mean that you’re out of options. Here are two legal tactics we can try post-trial to ensure you receive the… Read More »
Collecting Your Personal Injury Judgment
You’ve won your personal injury lawsuit. So what happens now? It’s easy to assume that the litigation is over once the court issues a judgment in your favor, ordering the other party to pay a specific amount of money to you. But the losing party is probably not going to hand you a check… Read More »
Understanding the Collateral Source Rule
Florida law does not allow negligent parties to pay less in damages simply because a third party has already compensated the injured person. Under the collateral source rule, health insurance payments and similar sources of compensation do not affect the defendant’s liability. That’s why courts generally do not admit evidence of the plaintiff’s health… Read More »
Lawsuits Filed Against Medical Device Manufacturer
Multiple lawsuits have been filed against Cordis Corporation, a company based in Miami Lakes that manufactures medical devices. According to these lawsuits, vascular filters manufactured by Cordis are prone to fracture, disintegration, and migration through the blood system. One of these lawsuits was filed by the family of a New Jersey resident who died… Read More »
Exotic Pet Attacks in Florida
Pet owners have certain responsibilities under the law. One common example is that dog owners can be held liable if their dog bites or attacks another person. The owner is liable if the dog attacks in public or if the injured person is attacked while lawfully on the owner’s property. But dogs are not… Read More »
