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Personal Injury & Criminal Law Services in Massachusetts
I’m a personal injury lawyer & criminal law attorney serving towns like Hingham, Weymouth, Cohasset, Quincy, and Scituate, Massachusetts. I maintain a convenient, mobile practice and offer a wide range of legal services. Schedule a free consultation today!
My Legal Services
I provide representation in cases arising from:|
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Wrongful Death
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Slip and Fall
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Trip and Fall
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Motor Vehicle Accidents
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Ride Sharing Accidents (Lyft, Uber)
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Boating Accidents
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Medical Malpractice
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Dram Shop Liability (negligence in the service of alcohol by those licensed to sell alcohol)
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Social Host Liability (negligence in the service of alcohol by those without a license to sell alcohol)
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Accidents at Work
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Premises Liability
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Police Misconduct
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Bicycle Accidents
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Pedestrian Accidents
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Consumer Protection Issues (including Chapter 93A)
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Insurance Coverage Issues
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Dog Bite Cases
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Appeals of Trial Court Rulings and Judgments
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Criminal Matters, including (but not limited to):
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Firearms Offenses
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Drunk Driving
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Operating Under the Influence
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Assault and Battery
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Motor Vehicle Citations
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Drug Offenses
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Larceny
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Restraining Orders
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Motor Vehicle Citations
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Injuries Arising from Crimes and Other Violent Acts, such as:
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Sexual Assault
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Assault and Battery
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False Imprisonment
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Drunk Driving
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Fights at a Bar, Nightclub, or Other Establishment
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Intentional Infliction of Emotional Distress
Wrongful Death
As the name suggests, wrongful death cases arise from the death of a person and, in Massachusetts, are governed by statute (see G.L. c. 229, § 2 et seq). In fact, Massachusetts was the first state to enact a wrongful death statute in 1840.
One of the first things you must do is to appoint a personal representative or administrator to represent the estate of the deceased person. This is done in the Probate and Family Court, and care must be taken to ensure the personal representative or administrator is appointed properly.
A formal or informal appointment of an administrator can be used if the estate is planning a wrongful death action, but a voluntary administrator cannot bring a wrongful death action [see Marco v. Green, 415 Mass. 732, 736 (1993)].
G.L. c. 229, § 2 et seq: The Wrongful Death Statute
The wrongful death statute enumerates the people who can bring these claims and the damages that can be sought from the wrongdoer. Damages include:
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pain and suffering of the deceased person
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loss of reasonably expected income
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the loss of affection and companionship of family members
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Including children and spouses of the deceased
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In its current form, the wrongful death statute permits compensation to a deceased person’s estate “under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted.”
In other words, the estate’s wrongful death claim is derivative of and “tethered” to the conduct that caused the deceased person’s injuries (and death). See GGNSC Administrative Services, LLC v. Schrader, 484 Mass. 181, 188 (2020) for more information.
Cases in which You Can’t Pursue a Wrongful Death Suit
In many cases, there’s a clear connection between the wrongful death claim and the conduct that caused the death. However, in certain circumstances, the estate may be unable to sue under the wrongful death statute.
This includes, among other things, situations in which the deceased person has signed a release of liability against the person or business that caused their death. See Doherty v. Diving Unlimited International, Inc., 484 Mass. 193, 195 (2020) for more information.
Wrongful death cases are always extremely tragic and very sad. It’s important to have an attorney who can steer you through the process in a calm and thoughtful manner, while also providing effective advocacy for you. Schedule a free consultation with me today to learn more about wrongful death cases.
Slip & Fall or Trip & Fall
Slip & Fall and Trip & Fall cases are a type of premises liability case.
These cases arise when the owner of a property (“the premises”), or the person or entity in control of the property, has allowed a dangerous condition to exist on the property and that condition causes personal injuries.
Generally, to make a successful Slip & Fall or Trip & Fall claim, you must show that the property owner either:
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knew about the dangerous condition that caused your injury;
OR
2. should have known about the dangerous condition that caused your injury.
However, there are exceptions — ask me about those to learn more!
Slip & Fall Cases
In Massachusetts, the dangerous condition in many Slip & Fall cases is often unshoveled snow, slippery ice, or a combination of the two. The location of this dangerous condition (e.g. a parking lot, sidewalk, or driveway) and the identity of the property owner can have very significant consequences on the claim.
For example, did you know that property owners don’t have an obligation to keep an abutting public sidewalk free of snow and ice? See Papadopoulos v. Target Corp., 457 Mass. 368, 375 n.11 (2010) for more information.
This is even true despite certain town or city ordinances requiring property owners to remove snow and ice from sidewalks. However, it’s not always obvious whether a sidewalk is publicly or privately owned.
Other Slip & Fall cases can arise from negligently leaving various items or substances on a floor, including:
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Food spillage
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Leaky refrigerators or freezers
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Excessive water
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Especially on marble or other high gloss floors
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Excessive soap or other cleaning products
Trip & Fall Cases
In a Trip & Fall case, the cause of your personal injuries might be an unreasonably high door threshold, a bunched-up carpet, or an old and decaying set of stairs.
As with Slip & Fall cases, the location and owner of the premises has significant consequences to your claim.
Did the fall happen in an apartment, or in a common area of the apartment building? Was the property owned by a governmental entity or was it privately owned?
Answers to these questions are very important as we analyze your case together. If you’ve been injured in a slip-and-fall or trip-and-fall, schedule a free consultation so that we can discuss it!
Motor Vehicle Accidents
From my position as a personal injury attorney, I’ve learned that, while the crash itself may have been an unintended consequence, it’s usually the result of negligence. Without realizing it, many drivers fail to adhere to vital safety rules that are designed to prevent such a scenario, including:
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Texting while driving
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Speeding
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Running a stop sign
A car crash can cause personal injuries and property damage to your car and any belongings that were inside. Massachusetts has a fairly complex set of statutes and case law that dictate how your car insurance contract is interpreted.
In fact, did you know there are 12 separate parts to your auto insurance contract? This means that your insurance could help you in the event of injuries, even if you weren’t the driver or owner of any vehicles involved in the accident.
Many people are unfamiliar with the details of their coverage. This results in excessive coverage in some areas of the policy and insufficient coverage in others. If you have questions about your auto insurance, schedule a free consultation today.
The Advantage of Experienced Representation After Any Collision
In the event of a collision, you can focus on feeling better while I work with the appropriate insurers (e.g. auto insurance, health insurance, etc.). After a crash, you’ll receive an abundance of paperwork from the insurance companies who represent each person involved in the crash.
This is very burdensome, particularly for those who aren’t experienced with complex contracts like these. Then, once you’re feeling better and fully recovered from your injuries, I’ll draft and send a demand letter to the at-fault insurance carrier.
My knowledge and experience empowers me to recognize fair offers, unfair offers, and egregious offers that aren’t even worth negotiating against. Here are some of the factors that go into determining a case’s value:
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Lost Wages
Did your injuries cause you to miss work? If so, you can be compensated for those lost wages.
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Loss of Earning Capacity
With more serious injuries, you may be unable to return to the job you had before the collision. As a result, this may impact your ability to earn the wages that one of your potential may deserve.
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Medical Bills
Medical bills are often paid by auto insurance and health insurance, but sometimes, you may be responsible for them. You can be reimbursed directly for some of these bills, while others might be reimbursed behind the scenes between the auto insurers.
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Pain and Suffering
This is a very broad category of damages, but can often make up a significant portion of a case’s value. It encompasses personal things like the inability to do the leisure activities you love, difficulties with simple day-to-day tasks, or just the level and duration of pain that you were forced to endure as a result of the injury.
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Property Damage
The damage to your car and any personal contents inside.
Please note that this list is not exhaustive and each case is unique in the losses involved and the compensation available for those losses. If you’ve been in a car accident, schedule a free consultation with me today!
Hit & Run Incidents
Hit-and-Run incidents encompass situations in which:
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The operator of a motor vehicle (or boat) fails to make themselves know to you after either:
a. Colliding with you as a pedestrian
OR
b. Colliding with your car (or boat)
2. The vehicle that collides with your car (or boat) is uninsured
In the first scenario, a criminal complaint may be issued against the operator for leaving the scene of property damage, leaving the scene of personal injury, or both. Please note that this requires sufficient evidence of the identity of the operator.
Insurance Coverage for a Hit & Run
As you likely know, Massachusetts requires you to have car insurance if you want to legally operate your car on roads within the Commonwealth. Fortunately, in Massachusetts, your car insurance policy automatically includes coverage for any injuries you sustain as a result of a hit-and-run.
As we mentioned, this coverage is compulsory in Massachusetts (along with certain other insurance coverage). You can find this information in Part 3 of your 12-part auto policy.
What if you don’t own a car?
If you’re hit as a pedestrian, but you don’t own a car (and therefore, don’t have auto insurance), you may be covered by the car insurance of a “household member.”
A household member is a person you live with who is related by blood, marriage, or adoption (but is not, for example, a roommate who is unrelated to you.) If you’re a passenger in a car that’s involved in one of the above hit-and-run scenarios, the applicable insurance coverage may come from:
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Your own auto policy
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A household member’s policy (if you don’t own a car)
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The insurance policy for the car you were in
For general information, see Kanamaru v. Holyoke Mut. Ins. Co., 72 Mass. App. Ct. 396 (2008), which discusses eligibility of coverage for someone injured by an uninsured vehicle.
If this sounds confusing, it’s because it can be! I’m happy to share my knowledge and experience with you, and to talk you through the different insurance coverages that might be available in your case. If you were involved in a hit-and-run collision, schedule a free consultation with me today!
Boating Accidents
Massachusetts boasts a significant amount of shoreline that borders the Atlantic Ocean and various lakes & rivers. Boating is a very popular summer activity, but unfortunately, accidents do happen.
Some boating accidents are attributable to environmental conditions (like hitting a submerged log), but others are caused by operator negligence. The fun of boating can distract boat operators from the care and attention needed to safely operate the vehicle.
While there are education requirements for certain age groups, Massachusetts doesn’t require a specific boat license. However, the Commonwealth does have:
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Navigation rules of the road (Title 33 of the United States Code; see 33 U.S.C. § 1 et seq.)
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Safety and registration requirements for boating (General Laws Chapter 90B)
The Environmental Police is the primary enforcement agency of these laws, while our Commonwealth and federal courts interpret these laws.
Boat Insurance
Unlike car insurance, boat insurance isn’t mandatory in Massachusetts. However, for those boat owners who do have insurance, the coverage available is very similar to car insurance.
Available coverage includes:
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Personal property damage
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Physical damage to the boat
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Towing
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Boat liability (in case you are at fault for an accident)
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Medical bills
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Injuries caused by an uninsured boat
Boating crashes are often very serious. The dynamics of boat handling are vastly different from driving a car. As a life-long boater, I’m familiar with boat insurance, the navigation rules of the road, and the subtleties of both.
For example, what’s the difference between a boat that’s “moored” and one that’s “at anchor”?
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A moored boat is in an area “where her presence is expected, and it becomes the duty of other mariners to maneuver around such a vessel”
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A boat at anchor is “temporary and unexpected”
See O’Shaughnessy v. Besse, 7 Mass. App. Ct. 727, 732 (1979) for more information. If you’ve been involved in a boating accident, schedule a free consultation today.
Premises Liability
Premises liability cases are those which arise from an unsafe condition on a piece of property. This can be a slip-and-fall or trip-and-fall (see above), but could also be a claim of negligent security.
Negligent security cases are those in which property owners fail to take “reasonable steps to protect its patrons from injury caused by the foreseeable acts of third persons, even if those acts were intentional” [Parslow v. Pilgrim Parking, Inc., 5 Mass. App. Ct. 822, 822 (1977) (emphasis added)].
Examples of negligent security cases include someone being injured in a fight at a bar with insufficient bouncers, or someone being assaulted in a parking garage with inadequate security.
Choose a Personal Injury Lawyer Experienced in Negligent Security
Often these cases are defended on the grounds that the attack or assault was not foreseeable and not preventable. Therefore, they claim, the situation didn’t occur due to any negligence on the part of the establishment.
At first glance, it may even appear that way. To build our case, we’ll dig into the establishment’s practices and policies around the hiring and retention of security guards, including their qualifications and training.
We’ll also want to explore the knowledge of the establishment about past incidents of violence or assaults. With that information, we’ll paint a picture of an establishment that has poorly trained security staff despite its knowledge of prior violent incidents occurring on its premises, and draw the conclusion that the incident that caused your injuries was completely foreseeable.
The Impact of Insurance on Negligent Security Cases
These cases can be complex because of common insurance issues. Often insurance policies will exclude from coverage any claim arising out of, or based on, an assault and battery.
Because negligent security cases are often based on a violent attack (e.g. assault and battery), we’ll need to explore the specific language of the policy to see how comprehensive the exclusion language is.
Alcohol & Negligent Security
Alcohol is often a factor when there is an altercation at a bar or restaurant. The law protecting patrons from foreseeable harm at these places doesn’t end when a patron leaves the premises.
In fact the law “extends to all reasonably foreseeable harm including, in some circumstances, harm that occurs at a distance from the premises” [see Christopher v. Father's Huddle Café, Inc., 57 Mass. App. Ct. 217, 224 (2003)]. Don’t think that an establishment can’t be held liable for your injuries just because they occurred off property.
As an example, there’s a significant amount of jurisprudence devoted to social host liability and dram shop cases. In a typical case, someone is injured by a drunk driver miles away from the establishment or home where the alcohol was served, but in certain circumstances, liability can attach to that establishment or homeowner.
Schedule a free consultation with me today if you were injured:
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At an establishment
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After leaving an establishment
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By a person who had been at an establishment
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Especially if alcohol was involved!
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You may have a viable claim against the person who injured you and against the establishment.
Pedestrian and Bicycle Accidents
Did you know that, if you’re hit by a car while riding a bicycle, you’re considered a pedestrian (for the purposes of Massachusetts car insurance)? In most instances, insurance coverage for these accidents come from a single source: the vehicle that hit you.
Cycling has become a popular form of transportation in our Commonwealth, especially around Boston and its surrounding cities (like Cambridge and Somerville). Because of this, bike lanes, bicycle boxes, and other safety markings are being installed on our streets.
Nevertheless, not all drivers are alert enough to look out for bikers, and accidents between cars and bikers do happen. If you’re a cyclist and find yourself frequently using your bike as a main form of transportation, familiarize yourself with the laws for bicyclists.
This is especially important if you ride on the congested streets of Boston and surrounding cities, like Cambridge or Somerville. Check out G.L. c. 85, § 11B for the laws about bicycle operation and equipment in Massachusetts.
Pedestrian Laws
Pedestrians have some of their own laws, especially ones pertaining to crossing the street. One of the more pedestrian-friendly laws is the Massachusetts statute dealing with pedestrians in crosswalks (see G.L. c. 89, § 11).
If there are no traffic signals, and the pedestrian is on the same side of the street as a car, “the driver of a vehicle shall yield the right of way . . . to a pedestrian crossing the roadway within a crosswalk.” A car must also yield if the pedestrian is on the other half of the street, and is within 10 feet of the side of the street the car is on (see Ibid).
By the way, even if the pedestrian is not in an intersection, but still in the road, a passing vehicle must at least slow down for them (see G.L. c. 90, § 14).
Evidence of Driver Negligence in Pedestrian Cases
This law can be a powerful tool to use in your case if you’re struck by a vehicle in a crosswalk. This is because “evidence of violation of a statute . . . can validly be considered, in combination with other evidence, in determining negligence” [Commonwealth v. Campbell, 394 Mass. 77, 83 n.5 (1985)].
This means that, if you’re struck by a car while in a crosswalk and injured as a result, the violation of a statute (like the crosswalk statute) is evidence that the driver was driving in a negligent manner. While some states treat the violation of a statute as conclusively establishing negligence — “negligence per se” — Massachusetts only considers the violation of a statute to be evidence of negligence.
Keep in mind that, in the event of a car vs. pedestrian accident, your status as a pedestrian doesn’t put the car driver at fault automatically. If you dart out into the road on a dark night and are struck by a car — whether you’re in a crosswalk or not — you could be considered partially at fault for your injuries.
Criminal Matters
If you’re charged with a crime, it’s vital to learn the elements of the crime at the start of your criminal case. These elements are what the District Attorney's Office will focus on in your prosecution.
They have the burden of proof on each element of the crime and will be looking for evidence that you committed each one. I’ll go over each of the elements with you and explain what kind of evidence would be admissible against you as proof of each one.
Being a defendant in a criminal case is a very stressful experience. If you’re facing criminal charges, schedule a free consultation with me today so that I can:
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Listen to your story
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Explain the process to you
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Go over some of the legal issues that could arise in your case
Massachusetts’ Rules of Evidence
The rules of evidence in Massachusetts are generally the same for criminal and civil cases with a few exceptions. One of the most important exceptions in criminal cases is the protection afforded to criminal defendants by the Confrontation Clause.
This Clause is found in the Sixth Amendment of the United States Constitution: “In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” Effectively, the Confrontation Clause adds an additional hurdle to the rule against hearsay whenever the Commonwealth seeks to introduce testimonial evidence against you in court.
You’re also afforded another protection from the Fourth Amendment to the United States Constitution. This Amendment protects you from unreasonable searches and seizures and often is implicated in cases that arise from motor vehicle stops.
The Power of These Protections
The reason I’m mentioning these protections is because, depending on the facts of your case, I may be able to move to exclude certain evidence which violates these Constitutional protections. Often, if the evidence is successfully excluded (or. “suppressed”), the Commonwealth can’t move forward with the case against you.
This is because it won’t be able to provide evidence of one or more of the elements of the alleged crime. The various court opinions on these issues are very fact-specific, requiring a close reading and attention to detail to argue for the suppression of evidence effectively.
If you’ve been charged with a crime, and have questions about your case, schedule a free consultation with me today. I have experience with a diverse range of criminal cases, including:
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Drunk Driving
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Operating Under the Influence
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Assault and Battery
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Motor Vehicle Crimes
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Drug Offenses
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Larceny
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Restraining Order Violations
Choose a South Shore & Hingham, MA Lawyer with Experience
My law practice is not limited to the practice areas discussed above (or elsewhere on my website). I have diverse experience and I love new challenges, so please bring me your case, however unique you feel it may be.
I want to be YOUR personal injury lawyer or criminal law attorney.
Together, we’ll find the best solution to your personal situation. For the most comprehensive and collaborative representation in the Commonwealth of Massachusetts, schedule a free consultation with me today.
