Author Archives: Jay Butchko
Legal Guardianship Law in Florida
Certain people are incapable of making decisions for themselves, perhaps because of age or a mental or physical disability. For that reason, Florida law allows for the appointment of legal guardians. Legal Guardian for Elderly Nursing Home Resident Eight residents died at a Florida nursing home when the facility’s air conditioning system failed during… Read More »
Trump Delays Expiration of National Flood Insurance Program
Hurricane Irma slammed into Florida in September as a Category 4 storm, bringing substantial winds to communities across the state. Irma’s winds uprooted so many trees in Palm Beach County that it could be three months before officials can remove all of the vegetation debris, according to the county Solid Waste Authority. Water damage… Read More »
Emergency Order Temporarily Bars Property Insurance Rate Increases, Cancellations
Florida Insurance Commissioner David Altmaier recently signed an emergency order temporarily barring property insurance policy cancellations and rate increases. Specifically, companies may not raise rates until December 3 or cancel policies between September 4 and October 15 (this includes policy nonrenewals). The commissioner did this because Gov. Rick Scott declared a state of emergency… Read More »
Lawmakers Revive PIP Repeal Efforts
Efforts to repeal Florida’s no-fault car insurance system are once again under way. State Sen. Tom Lee, R-Thonotosassa, recently filed a bill that would replace the state’s personal injury protection (PIP) system with a requirement that motorists carry bodily injury coverage and medical payment coverage. This legislation is similar to the recent repeal-and-replace effort… Read More »
Nursing Home Where 8 Died After Irma Shines Light on Elder Abuse
Eight people died at a Florida nursing home that lost power for several days after Hurricane Irma passed through town. The Hollywood facility overheated when it lost air conditioning during the power outage, which may have caused the deaths and led to a mass evacuation. Local authorities found patients in “varying degrees of medical… Read More »
Pedestrian Injuries and Fatalities Caused by Vehicles Backing Up
Motorists are not the only people at risk of injuries in car accidents; pedestrians should also be wary of reckless and negligent drivers, especially when a nearby vehicle is backing up. Sometimes drivers back up without looking or don’t notice someone in their blind spot. In June 2017, a 2-year-old boy died when his… Read More »
Most Dangerous Interstate in U.S. Is in Florida
As Hurricane Irma barreled toward Florida last month, hundreds of thousands of residents and tourists (maybe even millions) evacuated their homes and vacation rentals. In fact, the government mandated evacuations in certain areas, including in Tampa Bay. The mass exodus clogged roadways and exacerbated gas shortages — conditions ripe not only for traffic gridlock… Read More »
Child Pedestrians at Risk in Florida
The 2017-2018 school year is underway, which means that motorists need to stay alert and drive more slowly through school zones — especially here in Florida, which ranks second in the country for child-pedestrian fatalities. In fact, almost one-third of child pedestrian fatalities occur between 3 p.m. and 7 p.m., which is when many… Read More »
Wind Damage from Tropical Storms and Hurricanes, and Insurance Claim Denials
Tropical Storm Emily hit with almost no warning. Generally, tropical storms and hurricanes form far enough out that Florida residents have enough time to prepare for the rain and wind. But Emily formed overnight in late July and made landfall in Southwest Florida the next morning. Forecasters from the National Oceanic and Atmospheric Administration… Read More »
Understanding the Accident Report Privilege
In 2009, a 17-year-old girl and her attorney allegedly told a Tampa police detective that she was driving the car that struck and killed a homeless woman in a hit-and-run accident. The detective issued her a ticket for careless driving, which was later dismissed in court. The detective said he had trouble building a… Read More »
