Author Archives: Jay Butchko
Understanding the Limits of Insurance Coverage in a Georgia Wrongful Death Case
In a wrongful death lawsuit, the estate and family of a deceased accident victim can seek substantial monetary compensation from the parties responsible for that death. Under Georgia law, the wrongful death plaintiffs are entitled to recover the “full value” of the victim’s life. In many cases, that can mean a multi-million award of… Read More »
Why Georgia Law Requires You to Allege “Specific Damages” When Filing a Personal Injury Claim Against a Municipality
Immediately following a car accident, the victim is unlikely to know exactly how much their potential financial and other losses are. Even when filing a personal injury lawsuit, damages may be alleged in terms of broad estimates of the plaintiff’s losses. Unfortunately, when a personal injury claim is made against a state or local… Read More »
When Is a Personal Injury Settlement Offer Legally Binding?
Many car accident victims are reluctant to pursue a personal injury claim because they fear a lengthy, drawn-out trial and appeals process. The truth is that the vast majority of Georgia car accident claims are settled out of court. Indeed, the most likely outcome of such cases is for the victim and their attorney… Read More »
What Is “Family Violence Battery” in Georgia?
Under Georgia law, battery is a criminal offense that occurs when a person “intentionally causes substantial physical harm or visible bodily harm to another.” Simple battery is a misdemeanor. However, if the defendant committed battery against a “household member,” it is classified as “family violence battery.” This is also a misdemeanor, unless the defendant… Read More »
Do Police Need a Warrant to Search Your Car’s “Black Box”?
Many modern motor vehicles contain an electronic control module (ECM) or electronic control unit (ECU). These devices not only help to control the various electrical systems within a car or truck, they also record a wealth of information about the vehicle’s operation. In a sense, they function much like the famous “black boxes” used… Read More »
What Are the Consequences of Impersonating a Police Officer?
Many of us have tried to talk our way out of a traffic ticket. Especially here in Georgia, where traffic offenses are charged as misdemeanors, this approach may seem worth the effort. A more effective approach, however, is to work with an experienced Atlanta traffic ticket lawyer who can negotiate a plea agreement with… Read More »
How Reckless Boating Can Lead to a Homicide Charge in Georgia
Recreational boating is one of the most popular leisure activities here in Georgia. But it is important to remember that a boat, like any vehicle, must be operated in a safe manner. Georgia has “rules of the road” for boat traffic that are just as strict as those governing motor vehicles on the highway…. Read More »
How Far Can a Georgia Court Go in Setting Probation Conditions?
It is common practice for Georgia courts to sentence a defendant to probation, either in addition to or in lieu of jail time. Probation is not a free ride, of course. A trial court has broad discretion to set the terms and conditions of probation. If the defendant violates any one of those conditions,… Read More »
Sorting Out Responsibility for a “He Said/She Said” Accident in Georgia
Sometimes when there is a car accident, it is immediately apparent to everyone involved who was responsible. But in many cases it is not always clear. In a two-car accident, each driver may think the other was clearly at-fault. it is then up to a judge or jury to sort the matter out. Drivers… Read More »
What Are the Consequences of Damaging Property During a DUI in Georgia?
You may know that a DUI charge in Georgia carries significantly harsher penalties if another person is injured or killed as a result of the defendant’s drunk driving. But what about property damage? Could you face elevated charges if the police suspect you were drunk when you struck another car or even a building?… Read More »