Author Archives: Jay Butchko
Will Your Case Require the Testimony of an Expert Witness?
Will your injury lawsuit require the testimony of an expert? That’s a question your personal injury attorney can answer, but you may be wondering why experts are needed, in any case. Why can’t everybody just testify what happened, and let the jury make its decision? The Rules of Evidence The reason why experts are… Read More »
Suing Businesses for Putting Intoxicated People on the Road
Imagine that you or a family member has been seriously injured because of a drunk driver. You have a good case—the drunk driver is clearly liable and negligent—but your attorney has bad news for you. Although liable, the other side carried little or no insurance coverage; certainly not enough to fully and fairly compensate… Read More »
Legal Issues That Arise in Busing Accidents
Unlike other types of accidents there are some clear differences in cases that involve passenger and municipal buses. But these buses do get into accidents, and when they do, there may be some unique legal issues—especially for those who are passengers on the bus, who may be injured. Yes, There are Seat Belts One… Read More »
Understanding the Doctrine of Last Clear Chance
Let’s pretend that someone runs a red light. You, in your own car, and seeing that driver go illegally through that intersection, could stop, likely, on time to avoid the accident. But the other driver is the one running the red light. So, you decide to just keep going your normal speed, hit him,… Read More »
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 »