Author Archives: Jay Butchko
Does A Business Have To Provide A Defibrillator?
On the one hand, it seems unfair to hold a business responsible when someone dies because of a heart attack on the business’ property. After all, heart attacks are naturally occurring and generally unpredictable. But there is a growing body of law that says that businesses can and should be responsible for having accessible,… Read More »
Lacerations Aren’t Just Minor Cuts
If you are in an accident, so-called “major” injuries are probably first and foremost on your mind. Broken bones or head injuries are what most people have fear of. People tend to think of lacerations as simply “cuts” or superficial wounds that cause a little pain, and then heal. But lacerations can be very… Read More »
Medical Malpractice Can Take On Many Forms
When it comes to medical malpractice, it’s not just about what doctors do. It is also about what doctors don’t do. The failure to diagnose or to order specific types of treatment that may be needed, are an essential part of a malpractice case, and healthcare professionals can be sued for the things they… Read More »
Issues That Are Unique To Accidents Involving Children
It is always tragic and serious when anybody is injured in a Tennessee personal injury case. But when the victim is a child, the situation becomes much more tragic. When a child is injured, he or she has the same rights that an adult would, and the defendant’s negligence is evaluated the exact same… Read More »
What Is An Independent Medical Examination (IME)?
When you are injured in an accident, nobody knows more about your medical condition than your own doctors. They will be crucial witnesses, and will help the jury understand how you were injured, what your recovery will be, and what kind of pain or disability that you are experiencing. But what about the other… Read More »
The Dangers Of Distracted Driving
We all know the dangers of drunk driving, and most of us would never do it. But we often do something that’s almost as bad as drunk driving when it comes to danger on the road: Distracted driving. What is Distracted Driving? It used to be that distracted driving was related to cellphones and… Read More »
Time Limits To File Injury Lawsuits In Tennessee Can Be Short
When it comes to the time that you have to file a lawsuit in Tennessee, the clock starts ticking early, and it doesn’t last long. Compared to many other states, where the time to file a personal injury lawsuit can last years, Tennessee has a very short time period. How Long Do You Have… Read More »
Compromise Is Great – But Not If You’re On A Jury
In life, compromise is a good thing. We all want people to give a little and get a little. But you may be surprised to know that when it comes to jury verdicts, compromise is a bad thing, and can lead to overturning of an injury verdict. What’s Wrong With Making a Deal? You… Read More »
Amazon Again Found Liable For Defective Products That It Sells
For the second time in about the last year, a court has held that Amazon is liable for injuries caused by the products that it sells. This is in keeping with the doctrine of strict liability and products liability, which makes every company in the chain of manufacturing and distribution, potentially liable for injuries… Read More »
Additur: A Judge’s Power To Increase A Jury’s Award
In a personal injury case, the jury has the ultimate say. Whether in trial, or after trial on appeal, the judge is not supposed to interfere with the jury’s decision. The jury is in the best position to make factual determinations, and courts will almost never alter a jury’s verdict just because the court… Read More »