Author Archives: Jay Butchko
TN Court of Appeals Dismisses Personal Injury Lawsuit Brought By Self-Represented Plaintiff
If you have been injured in an accident that occurs on someone else’s property, you may naturally assume the owner’s negligence caused what happened. But assumptions do not necessarily mean you have a viable personal injury claim. It is important to thoroughly investigate the circumstances leading up to your accident. An experienced Tennessee personal… Read More »
TN Court of Appeals Allows Victoza Lawsuit to Proceed Against Pharmacy
In Tennessee, there are different laws governing different types of personal injury claims. For instance, if you have been injured due to a negligent act by a healthcare provider, you can file a medical malpractice lawsuit under the Tennessee Health Care Liability Act (THCLA). On the other hand, if your injury was the result… Read More »
What Happens If You Cannot Identify the Owner of a Truck Involved in a Hit and Run Accident?
When a truck accident is caused by a commercial vehicle, the owner of that vehicle can be held vicariously liable for the driver’s negligence. This sounds simple enough. But establishing ownership of a semi-truck is often more complicated than you might realize. In some cases, a tractor owned by one company may be hauling… Read More »
What Are the Exceptions to Tennessee’s Cap on Non-Economic Damages in Personal Injury Cases?
Since 2011, Tennessee law has limited the amount of “non-economic” damages a personal injury victim can recover for their pain and suffering. In most cases, this noneconomic damages cap is $750,000. But the cap does not apply in all cases. The law includes an exception for cases where the defendant “intentionally falsified, destroyed or… Read More »
The Statute of Limitations vs. The Statute of Repose in Tennessee Medical Malpractice Cases
In personal injury law there are two critical deadlines that plaintiffs need to understand: the statute of limitations and the statute of repose. A statute of limitations is a deadline based on when the plaintiff’s cause of action “accrues,” which may be different then the date the injury occurred. A statute of repose, in… Read More »
Pa. Court Dismisses Asbestos-Related Talcum Powder Lawsuit Against Colgate-Palmolive
Defective product lawsuits depend on credible scientific testimony, not only to establish how the product in question is dangerous, but also how it actually caused the victim’s injuries. A judge will not accept a simple assertion that a product is defective or dangerous. And the court will rigorously screen proposed expert testimony to ensure… Read More »
The Critical Difference Between Ordinary Negligence and Medical Malpractice in Tennessee
Tennessee law distinguishes between ordinary negligence and medical malpractice. For example, if you are injured in a slip-and-fall accident while walking into a hospital lobby, you could sue the hospital for ordinary negligence. But if you were injured due to a mistake made by a doctor at the hospital who was treating you, that… Read More »
What Is the “Open and Obvious” Defense, and How Could It Affect My Personal Injury Lawsuit?
In personal injury cases dealing with premises liability, property owners will often deploy what is known as the “open and obvious” defense. Essentially, this defense states that the hazard that caused the plaintiff’s injury was so open and obvious, an average person would know to protect themselves. What actually qualifies as “open and obvious”… Read More »
Recovering Damages for Evaluation and Diagnostic Services Following an Auto Accident
Proving a driver’s negligence is just one step towards recovering damages in a personal injury lawsuit. Another crucial step is actually proving there were damages. For example, the victim must show they actually required medical treatment as a result of the accident. In some cases, this can include the cost of evaluation and diagnostic… Read More »
Class Action Filed Against Purell Manufacturer Over Allegedly Deceptive Health Claims
While business closures and unemployment continue to rock Tennessee as a result of the Covid-19 pandemic, some companies are continuing to profit. A recent story from Yahoo Finance highlighted the boom in sales of the hand sanitizer Purell, which is manufactured by the privately held GOJO Industries. Yahoo noted that retail stores are sold… Read More »