Author Archives: Jay Butchko
Cars Are Getting Safer. But That Isn’t Helping Pedestrians
Although there is a lot of talk about car accidents, there can be n denying that cars are safer, and accidents are down historically, simply because of new technology in our vehicles. The technology keeps us in lanes, alerts us to blind spot problems, cameras give us more insight on the road around us,… Read More »
Injuries On Breaks: Do You Get Workers’ Compensation?
Most people are aware that if you are injured on the job that you are entitled to workers’ compensation benefits to help you with your medical expenses and lost wages. But what does it mean to be “on the job?” Sometimes, that’s an easy question to answer. But other times, such as when people… Read More »
Errors In Closing Argument Overturn Multimillion Dollar Injury Verdict
In trials, closing arguments make most of the headlines, and get most of the attention in TV and movies. Closing arguments in trials are where attorneys make their living—it’s where the evidence and argument come together as one, to convince a jury to find the facts your client’s way. But there are also strict… Read More »
What Is Qualified Immunity?
Anytime there is a report of police brutality, there is always talk about eliminating what is known as qualified immunity. But what is qualified immunity, and how does it affect a personal injury case? A Simple Concept Although normally spoken about in relation to police actions, qualified immunity is a concept that applies to… Read More »
What Is A Fabre Defendant?
Sometimes when suing people for negligence, the parties being sued like to point the finger. A store that’s blamed for poorly maintaining a floor, will blame the cleaning company. A driver that rear ends your car, will blame the car behind them. Pointing the finger tends to be a natural human reaction. But in… Read More »
Tips To Being A Good Personal Injury Witness
Most personal injuries cases settle before trial. That means it’s unlikely that you will ever be a witness in trial. In fact, if your case settles even before a lawsuit is filed, you won’t even have to have a deposition taken. Your Job Starts at Deposition But if a lawsuit is filed, your job… Read More »
Unfairly Prejudicial Evidence In Personal Injury Trials
In a personal injury trial, can you use whatever evidence you want that helps your case? It should be that way. After all, if it is relevant to the case, and is not frivolous, and is otherwise admissible (it’s not hearsay or excluded by some other evidentiary rule) why wouldn’t you be able to… Read More »
The Judge And The Jury: Who Does What?
In your personal injury case, you may hear your injury lawyer talk both about a judge and a jury. We’re taught that we have a right to a jury, and that a jury of our peers will make decisions about our case. Yet, in trial, there is still a judge, and as your case… Read More »
Do Temporary Workers Get Workers’ Compensation In Florida?
When we talk about workers’ compensation and who is entitled to benefits, we usually are talking about full time, permanent employees. But what about temporary employees? Do temporary employees get workers’ compensation benefits? Joint Employers While a regular, full time employee has one employer (at least, one oer job), a temporary employee sometimes has… Read More »
Governor Vetoes Repeal Of PIP Laws
Florida has once again failed to reform its personal injury protection (PIP) laws. This time, the legislature actually did pass a full repeal of the law, but the governor has vetoed that repeal, leaving PIP laws in place, at least for now. What is PIP? PIP is the insurance that every driver in Florida… Read More »
