Author Archives: Jay Butchko
How Do Defendants Blame Victims For Their Own Accidents?
You were the one in an accident. You know, and your lawyer confirmed, that the other side did something wrong to cause your accident. So why is the other side blaming you? What on earth could you have done wrong, to cause your own accident? It may seem at first ridiculous that you, an… Read More »
Understanding Wrongful Birth Claims
You have probably heard the words wrongful death, and medical malpractice. But you may not be aware of another claim, that is closely related to medical malpractice: It’s called wrongful birth, and while the term may, at first, have an insulting connotation—no birth is truly “wrong,”—it does have a real legal meaning, for an… Read More »
Difficulties in Pedestrian Accident Cases
No legal case is actually “easy.” But if there’s one type of case that the general public misperceives as easy, it is cases where a car hits a pedestrian. While, seemingly, a car should never hit a person, and thus, the case should be one that is simple to win, there are actually a… Read More »
Never Events Should Really Never Happen
In an ideal world, no medical malpractice should ever happen. But it does, and when it does, it can be catastrophic and traumatizing. But there is actually a category of medical malpractice that is so bad, so unacceptable, that these events are called “never events,” for the idea that there is no scenario when… Read More »
Nursing Home Arbitration Agreements: Are They Enforceable?
In many parts of the country, including here in Tennessee, if a loved one needs a nursing home, there may not be many options. That’s especially true if a loved one needs a specialized nursing home. So when you find that home for a loved one that seems perfect, with everything your relative needs,… Read More »
Things You Can Do to Help Win (or Better Your Chances of Winning) Your Case
Can you win your case, by yourself? Probably not; a good personal injury attorney knows how to get the best settlement, or win your case at trial, and you alone, without an attorney, are no match for the other side, which likely will have a team of lawyers at their side. But that doesn’t… Read More »
Product Labels and the Failure to Warn
It seems that almost every product we bring into our home has some kind of label on it. The language on the label is written in almost illegibly small type, and some of the instructions are seemingly so obvious, it may discourage people from even reading them. But knowing how to use any kind… Read More »
Bringing Lawsuits Against the Federal Government
You can sue the state if the state’s negligence causes your injuries, although it isn’t easy, under what is known as Sovereign Immunity. But that’s the state. What about the federal government? Of course, the federal government is a large part of our lives, and has agents and employees in a multitude of industries… Read More »
What Does a Life Care Planning Expert Do?
There are many kind of accidents, especially in the more catastrophic injury accidents, where the victim’s injuries will take a lifetime of care; the victim’s way of life, ability to function, the care that they need, and their ability to work, will never be the same, and will entail a lifetime of expenses and… Read More »
Emotional Damages Only? Yes, You Can Get Compensation
When you are injured in an accident, it is natural to assume that you won’t have just physical injuries—you’ll have some emotional trauma as well. That could be depression, forgetfulness or anxiety over the accident and your injuries. But what happens when you only have emotional trauma? Can you recover damages from an accident… Read More »