Author Archives: Jay Butchko
So-Called Vampire Facials Could Spread HIV, the CDC Warns
You probably know that the things that you do at spas and health clubs and other businesses that provide beauty services, can and do cause people injury. Things like unsanitized instruments, or poor training of workers, can lead to wounds and lacerations and other types of injuries, many of which, combined with the contamination… Read More »
Proving Negligence Using Different Sources in Premises Liability Cases
In a typical slip and fall case, to win the case, the victim must show that the property owner didn’t exercise due care. This is usually shown through evidence that the property owner didn’t inspect the premises, or attend to, or fix, or clean, areas that could cause a danger to people on the… Read More »
Hospital Sued for Exposing Patients to HIV
Massachusetts General Hospital is being sued for doing something that for many people would be considered a nightmare: according to the hospital, they may have exposed about 450 people to the HIV virus. Notification of Exposure The hospital notified those patients, saying that it did not use best practices, and as a result, the… Read More »
How Do You Handle a Hit and Run Accident?
We often hear about hit and run accidents but we don’t give much thought to them—until they happen to us. Hit and run accidents can be especially disturbing, because in addition to the normal trauma and emotional fear that comes with any car accident, in a hit and run, you feel abandoned, with nobody… Read More »
Slip and Fall Physics Are More Complex Than You May Think
You probably know of, or have heard of people who fall inside of property. But it turns out, not every fall is the same, and there is actually a lot of science behind falls, how they happen, and the types of falls that can happen. And in a typical slip and fall case, often,… Read More »
Why Do You Need That Expert Anyway?
Let’s say that your case is going along fine, and you call your lawyer and he or she says that to win your case, you need to hire an expert. You don’t understand why—you know what happened in your accident, you know how injured you are, you have medical records and people who will… Read More »
Going Into Shock After an Accident Can be Deadly
When you see people in the hospital or after accidents on TV or in the movies, you often hear people saying that “he’s going into shock.” When they say that, they don’t mean the emotional state of being shocked. Shock is an actual medical condition, and if not immediately tended to it can be… Read More »
What is “Duty” In a Negligence Case?
When people look at and analyze a negligence case, they often ask, “what did the Defendant do wrong?” That’s a valid question, but legally, the analysis of whether someone is liable for an accident is more complex than that. To prove negligence, the victim needs to show four, basic elements: duty, breach, causation and… Read More »
How Does an Insurance Company or Defendant Value Your Case?
One of the most common things that a personal injury attorney is asked is what a victim’s injury is “worth.” That is an understandable question—but one that is very difficult to answer. Answering the question with “it depends,” sounds kind of like a cop out—but in a way, that is the exact answer. The… Read More »
Police Accident Reports Can Help, But Can’t be Used in Your Trial
Let’s say that you are in an accident, and there is a dispute over who is liable for the accident. The other driver is saying you’re liable—but lucky for you, the police report made at the scene of the accident by the responding police officer clearly says that the other driver is the one… Read More »