Author Archives: Jay Butchko
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 »
What Is The Eggshell Plaintiff Doctrine?
As a general rule, a negligent defendant is liable for the injuries that are caused by the defendant’s negligence. Causation becomes a big issue in personal injury cases, and many defendants argue that although they were in fact careless, their carelessness did not cause the victim’s injuries. What is a Defendant Responsible For? But… Read More »
Are Police Reports Admissible In Your Personal Injury Case?
Whenever there is a car accident and there is a dispute about who caused the accident or about any fact surrounding the accident, the parties often say the same thing: “get the police report!” The police report seems to be the final, be-all end-all when it comes to what happened at the scene of… Read More »
Will You have To Pay Taxes On Your Personal Injury Settlement?
With a settlement or a verdict in a personal injury case comes money designed to help compensate you for the losses you’ve suffered as a result of an accident. But as you likely know, with money, comes taxes. Can the IRS tax your personal injury verdict or settlement? The answer to that question is… Read More »
Understanding Tennessee’s Dram Shop Laws
It’s a sad fact that despite all the public warnings and awareness, people still get behind the wheel drunk. When they do, they often hurt people and those victims can sue for their injuries. But sometimes, it’s not just the drunk driver who is liable. Sometimes, the person or business that served that person… Read More »
Injuries During Childbirth Can Be Devastating And Catastrophic
Medical malpractice injuries are always devastating. Rarely is an injury caused by a doctor minor or trivial. But injuries caused by a failure of a doctor or medical health professional to act, or which are caused by a medical professional’s negligence, are made even worse at childbirth or in the neonatal care units. Childbirth… Read More »
How Does Lawsuit Funding Work, And Should You Try It?
You may see advertisements from companies that allow you to borrow against your ultimate verdict or settlement in your personal injury case. These funding options seem great, and promise to help you put funds in your pocket fast—much faster than the time it takes to resolve or settle your lawsuit. But are they a… Read More »
Bed Sores: The Silent Killer For Patients And Nursing Home Residents
If you have a loved one that is being admitted into a nursing home or hospital your immediate concern may be your loved one’s immediate medical condition. Is your relative getting his or her medicine? Is she eating? How is his or her mental state? But many families of hospital patients or nursing home… Read More »
How Many Companies Are Responsible For The Cancer-Causing Effects Of Talcum Powder?
Johnson & Johnson has been the most high-profile defendant in the recent wave of talcum powder lawsuits filed around the country. But there are many other companies that have also been sued in connection with the manufacture, distribution, and sale of talcum powder–and the subsequent cancer it has caused in patients. Sorting out all… Read More »
When Is A Doctor Or Pharmacist Liable For Prescribing A Dangerous Drug To A Patient?
We have known for many years that the blood-thinning medication Pradaxa is a dangerous drug. Specifically, Pradaxa is known to increase the risks of stroke and severe bleeding in patients, which in many cases has led to death. Despite these known risks, many doctors and pharmacists have prescribed Pradaxa without providing adequate warnings to… Read More »