Author Archives: Jay Butchko
Is “Assumption of Risk” a Valid Defense to an Intentional Tort in Georgia?
In Georgia personal injury cases, defendants will sometimes use the affirmative defense of “assumption of risk” to try and defeat a plaintiff’s claims of negligence. Basically, the assumption of risk doctrine holds that a plaintiff cannot receive compensation for injuries arising from an activity where they knowingly and voluntarily accepted the risk of injury…. Read More »
Does Burglary Require Entering Someone’s Home?
Georgia law defines burglary as unlawfully entering or remaining in a protected structure with the intent to commit a crime while inside that structure. For example, if a person enters a store at night after closing with the intent to steal merchandise, that is considered burglary. Even if the suspect never completes the actual… Read More »
Georgia Appeals Court Upholds $22 Million Wrongful Death Judgment
If your spouse is killed due to the negligent or intentional act of another person or legal entity, you have the right under Georgia law to recover damages against the responsible parties through a wrongful death claim. Damages in Georgia wrongful death cases can be quite substantial depending on the facts of the case…. Read More »
Can “Aesthetic” Considerations Justify Unsafe Conditions in a Georgia State Park?
Personal injury claims against the State of Georgia or one of its agencies presents a far more complicated legal challenge than your regular personal injury lawsuit. The Georgia Constitution grants broad “sovereign immunity” to the state and its officers. This means that absent a specific legislative waiver of immunity, you cannot file a civil… Read More »
What Are the Consequences of a DUI as a Georgia College Student?
For many young adults, a DUI arrest will be their first time interacting with Georgia’s criminal justice system as a defendant. Given that most college undergraduates are under the legal drinking age of 21, they not only face a stricter legal standard for DUI, but an arrest or conviction can have significant non-criminal consequences… Read More »
What Is a “Default Judgment” in a Georgia Personal Injury Lawsuit?
When you file a personal injury lawsuit, the defendant has a certain amount of time to file a formal response. If the defendant fails to act before that deadline, you can ask the court to enter a default judgment. Essentially, this means that the defendant will be held liable for your injury as a… Read More »
Can Domestic Violence Be Charged as a Federal Crime?
Although most crimes involving interpersonal violence fall under state law, there are scenarios where it may be prosecuted as a federal offense. One example is domestic violence. Georgia’s Family Violence Act covers most situations where a person is accused of stalking or physically harming an intimate partner or other family member. But if a… Read More »
Georgia Football Player Charged with DUI
Many college students are arrested on suspicion of DUI in Georgia. Unfortunately, when the suspect is a college football player for the University of Georgia Bulldogs, the arrest tends to garner national media attention. And it can lead to serious consequences for the person charged outside of the criminal justice system. Coach Smart Backed… Read More »
How Do You Collect on a Georgia Personal Injury Judgment?
Winning a personal injury lawsuit is often just the first step in a lengthy process. A civil judgment is essentially just a piece of paper stating the defendant owes you money. It does not guarantee that the defendant will actually pay what they owe you, assuming they even have the assets to do so…. Read More »
Federal Court Upholds 46-Month Sentence in COVID Fraud Case
Fraud-based crimes often carry more severe criminal penalties than people realize. Many crimes associated with fraud are subject not just to state but also federal prosecution. And the federal system takes fraud quite seriously, especially when the alleged victim is a bank or the government itself. Atlanta Prosecutors Nab 11 for Filing False Loan… Read More »