Author Archives: Jay Butchko
Distracted Driving: Yes, It’s Still A Dangerous Problem
Are you distracted when you drive? You may say no, that you are careful to pay close attention to the road. But it takes less than you think to be considered a distracted driver. It Only Takes a Moment Have you ever just simply reached for an item while driving? That doesn’t seem like… Read More »
Risks And Difficulties Unique To Mass Tort Cases
Mass torts are where a large group of people—often, tens or hundreds of thousands, or perhaps even millions of people—are harmed by a wrong, usually a defective, malfunctioning, or dangerously designed product. You hear of product recall lawsuits, defective drug lawsuits, or asbestos lawsuits, all the time. These are mass torts. Mass torts are… Read More »
The Role Of The Insurance Adjuster In Your Personal Injury Case
If you are injured in an accident, your injury attorney usually won’t just file your lawsuit in court. There may be a period where your injury attorney is negotiating with the other side—often, with the other side’s insurance company. At this point in your case, before any actual lawsuit has ever been filed, the… Read More »
How Do Insurance Companies Evaluate Claims And Injuries?
When you have an injury case, your attorney will try to negotiate your case to see if it will settle before having to file a lawsuit, or before having to go to a full trial in front of a jury. During that time, it is likely that the defendant or its insurance company will… Read More »
Horse And Equine Activity Accident Liability
In many parts of Tennessee, horses and horseback riding is a way of life. Horses help work farms, and the Tennessee economy by helping farmers work their fields. They provide transportation in areas that cars cannot go. They are competitive, with equestrian competitions, or polo meets, and provide tourism dollars to the state, as… Read More »
Can You Sue If A Defective Product Has Been Recalled?
We hear about product recalls all the time in the news. But not every recall means that a product is dangerous, or that it has injured someone. So if a recall is issued, does that mean you can file a lawsuit? No Recall Needed If you are injured by a defective product, you should… Read More »
Proving Pain, Suffering And Mental Trauma In A Personal Injury Case
In a personal injury case, non-economic damages are the damages that you suffer, that have no bill, no price tag, and no definitive value attached to them. Unlike a medical bill, or lost wages that can be calculated through math and data, valuing someone’s mental trauma, anxiety, fear, or depression, has no data to… Read More »
Difficult Liability Issues Arise With Trespassers
Someone who trespasses is thought of as breaking the law. We don’t think that someone who breaks the law can recover for damages that they suffer on someone else’s property and that’s generally true. But that’s not completely true when someone is a trespasser. Can Trespassers Sue for Injuries? It is true that Tennessee,… Read More »
Ordinary Negligence Or Medical Malpractice? Here’s Why It Matters
Let’s say that you go to the hospital for a scan or a diagnostic test of some kind. You go into the room, and the nurse that is doing the test tells you to get onto a table or examining bench so that you can be scanned. As you are getting onto the examining… Read More »
T.J. Maxx in Trouble For Selling Recalled Products
In product liability cases, everybody down the line from manufacturer to the company that sells you the defective product, can be liable for the injuries that the defective products cause. This is why retailers will often immediately pull products from their shelves when there is any indication that a product is defective or is… Read More »