Compensation for a Catastrophic Injury or Wrongful Death – Ross Greenstein

When a death is attributable to the willful or negligent act of another, family members or beneficiaries of the deceased victim can bring wrongful death lawsuits. The team at Swartz & Swartz P.C. are very experienced in handling these unfortunate cases, but we work hard to get retribution and some form of closure for the families effected by the dead.

The circumstances leading to wrongful death are numerous and varied, and can include:

• car, aircraft and other transportation accidents;
• medical malpractice involving negligent medical care and treatment by doctors and hospitals;
• gas and electrical explosions or fires;
• construction and workplace accidents;
• nursing home abuse;
• product liability involving defective consumer or commercial products;
• and more…

Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights.

Wrongful death lawyer

A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.

If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

Get in Touch With Our Boston Wrongful Death Lawyers

Wrongful death claims are brought against the accused who has led to the death of someone else due to negligent or careless actions. Wrongful death cases are mostly resolved outside the court but when negotiations get difficult, victims go for trial. Our experienced Boston wrongful death attorneys at the Law Offices of Swartz & Swartz, have the right training and resources to fight complicated wrongful death cases with ease. Call us at: 617-742-1900

Medical malpractice – The breach of standard of care – Laura Daly

 

Medical malpractice errors are responsible for thousands of deaths and injuries each year.

Although healthcare providers have access to more medical devices, diagnostic tests and drugs than ever before, there remains a high rate of medical malpractice around the country, affecting thousands of unsuspecting patients who place their trust in their doctors, nurses, and hospitals.

Medical malpractice can occur in any environment where a doctor, nurse, or healthcare provider provides treatment to a patient. It can occur in a doctor’s private office or in the operating room at a hospital.

Medical malpractice cases are unique and require a sophisticated team of educated and proven professionals. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to medical malpractice cases. We work closely with some of the most knowledgeable and renowned medical experts in the country, and have a proven track record of successful recoveries on behalf of victims of medical negligence.

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Negligence in personal injury cases – David Faraci

 

Negligence can come in to play in a various situations ranging from construction site injury, security litigation, catastrophic injury and even wrongful death.

Negligence in construction site cases

Many construction injuries are the result of management’s failure to maintain a safe jobsite. Some of these injuries are the result of defective equipment. Other injuries are the result of carelessness or negligence on the part of a general contractor or subcontractor, by failing to properly inspect the jobsite, failing to provide safe machinery or tools, or failing to provide workers with adequate fall protection equipment.

Negligence in catastrophic injury cases

A catastrophic injury is one that causes irreparable damage to major areas of the body, such as the spine, spinal cord or brain, as well as other vital parts of the body. Such injuries leave victims with lifetime disabilities, putting stress on family and loved ones who often need to provide financial, physical and emotional assistance to their loved one throughout his or her lifetime.

Negligence in wrongful death cases

Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights. Contact a Boston injury lawyer at Swartz & Swartz, P.C. today for more information and advice.

A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.

Personal injury lawyer

It is important to work with an experienced attorney that has experience in dealing with a potential personal injury lawsuit or even an employment litigation case. If you have any questions about what potential punitive damages you can receive in your particular case, we have the team here  to help. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to personal injury and employment litigation cases. We work closely with some of the most knowledgeable and renowned experts in the country, and have a proven track record of successful recoveries on behalf of victims of negligence and discrimination.

If you or a loved one has been the victim of personal injury or wrongful death and would like to speak with an experience attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

What does medical malpractice mean?

 

Medical professionals such as doctors, nurses, and other clinical staff have a duty of care to serve patients to the best of their ability and within the standards of care for their practice.

Medical negligence is one of the leading causes of death in the United States, just behind heart disease and cancer.

Medical malpractice is defined as a violation of a standard of care or negligence, or proof of significant damages because of medical negligence. Actions of negligence or omissions in care that cause death or injury to a patient can include errors in diagnosis, treatment, aftercare, or other health management details. The standard of care for medical providers is defined as what a provider did, or failed to do, that falls below the level of medial care that is expected and required for that specialty in that fatal scenario.

Given there is a wide variety of medical procedures, specialties, and variations from provider to provider, medical malpractice can take on many forms. Common medical malpractice claims include:

• Failure to diagnose or a misdiagnosis
• Unnecessary surgery
• Surgical errors
• Improper medication dosages or prescriptions
• Early release from a facility
• Neglecting relevant aspects of patients’ history
• Failure to coordinate care or recognize symptoms
• When is some a victim of medical malpractice?

Experiencing a bad medical outcome does not automatically equate to proof of medical negligence. A claim of malpractice exists when a provider’s negligence or a breach in the duty of care results in injury to the patient. Additionally, there must be a doctor-patient relationship or a health care provider-patient relationship, in order for a duty of care to arise for a healthcare provider or hospital. 

What is the medical duty of care?

The Medical Duty of Care is essentially a legal metric that is used to measure whether the healthcare provider’s actions are consistent with established, required treatment options in the medical community. This metric assesses the legal culpability of their actions based on what competent and careful providers would have done in a similar scenario. In the legal landscape, medical experts must be consulted to shed light on how care should have been improved. This expert will have the education and specialized knowledge to provide strong support for grievances offered.

What is medical negligence?

Medical negligence is not an intent to harm, but rather an act of carelessness. This negligence must occur after establishing a healthcare provider/patient relationship. Additionally, the negligent breach must be shown to fall below the applicable standard of care. Finally, the negligence has to result in injury or damages. Thus, any failure to meet the medical standard of care that results in harm to the patient could constitute medical negligence.

How does it differ from medical malpractice?

The term “malpractice” is often used interchangeable with ‘negligence’.

An example of medical malpractice might include ignoring a small spot on an X-ray or MRI that later turns into a later-stage form of cancer. The progression of cancer may result in high-cost surgeries or treatments that could have been mitigated with earlier treatment.

To have a medical malpractice case, it must be shown that the provider provided negligent care, resulting in harm to the patient.

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Experienced Personal Injury Lawyer in Boston

There are lots of cases where people undergo certain mishaps or accidents and a result face certain injuries. These cases might be of normal, serious, or complex nature and will require professional handling. If you or your loved ones suffered from personal injury incidents and looking to hire an experienced personal injury lawyer in Boston and surrounding areas then you’re in the right place? At Swartz & Swartz, P.C., our Boston personal injury lawyers have represented victims of personal injury for more almost four decades. Our attorneys have proven experience and expertise, as well as a background of success in cases involving all types of personal injury claims. Please visit here on our website or call us directly at 617.742.1900

Wrongful Death Attorneys in Boston, MA

It’s never easy to discuss legal rights when someone close has passed away unexpectedly in serious accident. But, even in the most difficult times, it is my job as your lawyer to provide information that would allow you to make important decisions. This is especially important when the family loses a relative in work or vehicle incident. Wrongful death cases can be filed to provide financial support for certain survivors who depended on the loved one that passed away.If your family has experienced such a tragedy, please contact us.If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

We can you help with your catastrophic injury case – Ross Greenstein

Personal injury claims in general involve allegations that the negligence of another person caused an injured party’s injuries, and that as a result, some form of some form of monetary compensation should be paid.

When the injuries are so extensive as to be significantly life-altering, they are categorized as catastrophic.

Such compensation is paid to the victim by whoever is at fault, that is, the individual legally responsible for the accident. In many instances – whether a motor vehicle, workplace, or recreational activity accident – the responsible party’s liability insurance company will be directly involved in the legal process, hiring its own investigators and attorneys, with the goal of defending claims brought against its insured.

Before such damages can be sought, an in-depth investigation must be pursued, to answer some critical questions, such as: the nature and cause of the injury; the effect of the injury on a victim’s work, lifestyle, and daily activities; and the effect on physical and emotional well-being. Damages recoverable for personal injuries are typically classified as compensatory.

Some compensatory damages can be specifically quantified based on accrued or expected costs incurred, while others, such as pain and suffering or loss of enjoyment of life, are less easily determined.

Catastrophic injury lawyer

Recovery from catastrophic injuries can take significant time, even years, and even then, recovery likely will be incomplete. When a full recovery will not be possible, the injured person will enter into a physical therapy and rehabilitation program to learn how to maximize independence and functioning.

If you or a loved one has suffered a catastrophic injury due to someone else’s negligence such as a serious burn injury, brain injury, spinal cord damage or paralysis, or loss of a limb resulting in permanent disabilities, contact the law office of Swartz & Swartz, P.C. in Boston, Massachusetts.

If you want to speak directly with one of our catastrophic injury attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

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When do I need a personal injury lawyer?

 

If you’re wondering if you need a personal injury lawyer, read on. We’ll explain when to seek counsel as well as the benefits of doing so.

In the event you suffer injury, you may need to hire a lawyer to represent you for a claim. Injury to a person can include a wide variety of injuries, including bodily, mental, and emotional injuries.

A personal injury claim is a legal action that an injured person brings against the person or persons who are believed to have caused some form of harm. By legal definition, “personal injury” is an injury that happens to a person as opposed to property.

These claims are often filed after a civil wrong unfairly leads to loss or harm to an individual. Pursuant to these laws, called “tort” laws, the injured person can claim compensation for past and anticipated costs, such as medical bills, medical disability, and otherwise diminished quality of life, among many other things. By definition, personal injury claims cannot include a claim for harm to personal or commercial property.

Examples of personal injury

Vehicular accidents

Injury involving motor vehicles often means the driver or passenger is entitled to compensation from the responsible person or entity, particularly for injuries that result in expenses such as medical and therapy bills or loss of income from the accident. Personal injury claims can also include pedestrians, cyclists, and other non-motorized vehicles.

Workplace accidents

Accidents that occur during work hours that result in physical harm often result in the employer paying medical expenses. Consulting a legal professional is critical to help ensure that your rights will be protected and you will receive compensation.

Medical malpractice

In instances where a medical practitioner has been negligent or careless, resulting in injury to a patient, their actions may give rise to a medical malpractice personal injury claim. There are different types of medical malpractice, including misdiagnosis, improper treatment, errors during surgery, and mistakes with medication.

Do I need a personal injury lawyer?

With the complexity of personal injury claims in mind, it is extremely important to have legal guidance from a personal injury lawyer. It is not uncommon to need expert assistance, especially if your life has been altered significantly due to personal injury. A personal injury lawyer will represent your interests as they relate to settlement decisions with the at-fault individual and/or their insurance company.

Furthermore, it is important to initiate a personal injury claim sooner rather than later as there may be statutory requirements and deadlines associated with giving notice to the at-fault parties, and filing a claim in court. Seeking legal counsel as soon as possible also ensures your lawyer will have enough lead time to properly investigate and research the plaintiff case.

If you are still unsure whether you should consult a personal injury lawyer, the following considerations may help answer whether you should seek their counsel.

You experience severe injury and injuries

Insurance companies often consider the severity of your injury, the cost of medical bills, and the overall length of recovery to assess the amount of compensation you are entitled to. Thus, the amount of compensation you receive will depend in large part on the severity of your injury or injuries, and the length of recovery.

The insurance company will be limited in the amount of compensation it can offer, based on the applicable policy limits. Hiring a personal injury lawyer can help in the pursuit of adequate compensation that is proportional to the impact of the injury.

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Swartz & Swartz - Wrongful Death Lawyers in Boston, Massachusetts

 

Nothing can prepare a family for the loss of a loved one, especially when that loss was caused by another’s negligence and could have been prevented.The wrongful death attorney in Boston  at Swartz & Swartz, P.C. are dedicated to helping families through the grieving process while pursuing the financial security you need to move forward. If a family member died due to the carelessness of another, you may be able to recover compensation through a wrongful death lawsuit. Please call us at 617-742-1900 or contact us online to arrange your free consultation.

Swartz & Swartz, P.C. - Personal Injury Lawyers in Boston

 

After an accident, you need to concentrate on getting better. However, you’ll also need to work on getting compensation. This means filling the necessary claims paperwork and following up with your insurance company or that of the party responsible for your personal injuries. When you hire a lawyer to work on your case, you’ll have time to focus on your recovery and loved ones. 

As the case progresses, you may want to file a lawsuit if the other person or party does not seem keen on offering a fair compensation. Filing a lawsuit involves visiting different offices to fill out some paperwork. When you are injured, doing all the legwork of filing a lawsuit can be quite daunting. For this reason, you may want to hire a lawyer to help you.

Your Personal Injury Lawyers Boston can do the legwork of getting the paperwork, meeting with the attorneys of the party responsible for your injuries, and filing a legal lawsuit on your behalf. Contact us at: 617-742-1900 today Now!!

Sexual Harassment in the Workplace – Laura Daly

 

Sexual harassment of any kind is never acceptable in the workplace and it is also unlawful.

Sexual harassment can be physical but can also included unwanted sexual advances, verbal comments as well as requests for sexual favors. The statute of limitations for a sexual harassment in Massachusetts is 3 years. This means that a personal filing suit in federal or state court must file suit within 3 years of the incident.

All claims must be brought be brought before the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the last alleged incident. These are important deadlines to remember and the team at Swartz and Swartz can guide you every step of the way.

Sexual Harassment Lawyer

If you have been adversely affected due to an incident involving sexual harassment, please contact us. We are here to answer your questions and discuss how you can protect your legal rights. To arrange a confidential appointment with one of the sexual harassment litigators in our Boston office please call us at (617) 742-1900.

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What You Should Know About Wrongful Death Cases – Ross Greenstein

 

When a death is attributable to the willful or negligent act of another, family members or beneficiaries of the deceased victim can bring wrongful death lawsuits. The team at Swartz & Swartz P.C. are very experienced in handling these unfortunate cases, but we work hard to get retribution and some form of closure for the families effected by the dead.

The circumstances leading to wrongful death are numerous and varied, and can include:

• car, aircraft and other transportation accidents;
• medical malpractice involving negligent medical care and treatment by doctors and hospitals;
• gas and electrical explosions or fires;
• construction and workplace accidents;
• nursing home abuse;
• product liability involving defective consumer or commercial products;
• and more…

Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights.

Wrongful Death Lawyer

A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.

If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

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Questions You Should Always Ask Before Hiring a Personal Injury Lawyer

Are you interviewing various personal injury attorneys? Here are some questions you should always ask before hiring a personal injury lawyer.In the event you suffer a form of injury, you should hire a lawyer to represent you for a personal injury claim. A personal injury claim is a legal action that an injured person brings against the person or persons who are believed to have caused some form of harm.

There is a wide variety of injuries and subsequently, a variety of specializations in the world of litigation.Due to the complexity of personal injury law, securing compensation for injury and other losses after a serious accident can be difficult without legal assistance. Fortunately, personal injury lawyers are trained in and experienced with the various forms of personal injury litigation and can be critical to achieving a just result. In order to find the right personal injury lawyer, there are important questions you should ask.

Are they a good fit?

Your lawyer is someone you will be working closely with. Therefore, it is important that you feel comfortable with them and feel that you can trust their advice. Interviewing more than one attorney before your decision can help you decide who is best for the job.

Who is handling my case?

Depending on the firm, the partner handling the case may vary from the initial point of contact. Finding out who is responsible for your case is helpful to understand their level of experience and also gives you a point of contact to ask questions about your case.

What is the cost of doing business?

Oftentimes, personal injury lawyers work on a contingency basis, meaning there will be no fee unless you recover money through your personal injury claim. Typically if you recover money damages, the lawyers’ fee ranges between 25 and 40 percent of the gross award.

Asking about their fees before engaging in an attorney-client relationship is important, as is ensuring that the fee agreement is explain, and is in writing. Additionally, make sure you know the quality and the qualifications of the lawyer handling the lawsuit.

What about case-related expenses?

Lawyers charge for case-related costs prior to the settlement. Make sure to ask your prospective lawyer who will be responsible for “out-of-pocket” expenses if your lawsuit does not result in a favorable outcome.

What is my case worth?

Your lawyer should have knowledge of how different factors may impact a settlement, such as preexisting medical issues or strength of liability. An experienced and thoughtful lawyer will have a good idea of case value, while also explaining how facts learned during the lawsuit will impact the ultimate outcome.

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