The Law Offices of Sean J. Cleary is proud to announce that Attorney Sean J. Cleary has been selected to serve on the Massachusetts Bar Foundation’s IOLTA Grant Program Review Committee.
The Massachusetts Bar Foundation is the commonwealth's premier legal charity. Founded in 1964, the MBF is the philanthropic partner of the Massachusetts Bar Association and is one of three charitable entities in Massachusetts that distributes funds through the Massachusetts Supreme Judicial Court's Interest on Lawyers' Trust Accounts (IOLTA) Program.
The Foundation represents the commitment of the lawyers of Massachusetts to improve the administration of justice, to promote understanding of the law, and to ensure equal access to the legal system for all residents of the commonwealth, particularly those most vulnerable.
The MBF expects to award approximately $4 million to nonprofit organizations for law related programs that either provides civil legal services to the state’s low-income population or that are working to improve the administration of justice in the Commonwealth.
“It’s a great honor to serve on the grant program review committee,” said Cleary. “I’ve always believed that it is important to give back to the community,” he added.
Attorney Cleary has also served as President of the Hampshire County Bar Association and currently serves as a Massachusetts Bar Foundation Fellow. MBF Fellows set the highest standard among their peers by taking an active role in meeting the critical need of their fellow citizens for legal assistance. In addition to his role with the Massachusetts Bar Foundation, Attorney Cleary serves as chairman of the Belchertown Board of Health. In 2009 Attorney Cleary was the recipient of the Massachusetts Bar Association’s Eco-Challenge Award. He is also a personal injury and criminal defense attorney practicing in Amherst.
Wednesday, May 26, 2010
Friday, May 21, 2010
Dog Bites & Dog Attacks causing Injuries or Scarring - Lawsuits and Insurance Settlements in Western Massachusetts
Dogs are known as “man’s best friend” for good reason – their companionship, working, and helpful capabilities are well known to all. But dogs are also prone to attack people (and other dogs), sometimes due to their defensive instincts and sometimes to intentional human training for aggressiveness. Dog bites represent a huge problem in the U.S., with the number of bites requiring medical attention numbering about 800,000 per year. Tragically, fully half that number are injuries to children, often involving facial bites. Fortunately, relatively few dog attacks prove fatal (the total was 33 for 2007, for example), but injuries sustained from dog bites can be serious to the point of being permanently disfiguring or disabling.
With breed-specific legislation becoming more common, a lot of misperceptions have developed over which types of dogs pose the greatest threat of attack and imposing severe injury. For example, the Pit Bull and the Rottweiler score about average in aggression studies. However, bites from these larger and stronger breeds are very likely to be far more destructive than a bite from the statistically more aggressive smaller breeds – Dachshunds, for example. There are also many stories about canine breeds that are liable to suddenly “snap” and go on the attack after a life of relative docility, but these cases, where they do exist, are extremely rare. Occasionally, people are reluctant to pursue compensation for a dog-bite attack because they are concerned that the dog might be put to sleep (euthanized) as a result, but in the vast majority of cases nothing of the sort happens to the dog in question – unless the attack was especially brutal or vicious or the dog has rabies.
Massachusetts is a “strict liability” dog bite state, so dog owners are strictly liable for injuries caused by their dogs. (About 15 states have a “one-bite rule,” and a few have mixed liability statutes, but we're limiting our discussions to Massachusetts here) If you or a loved one has been bitten by a dog in Massachusetts, you may be entitled to compensation for your injuries (including emotional trauma), lost wages, and medical bills. You may also be due compensation of your dog (or livestock) was injured or killed as a result of another dog’s mauling. But dog bite laws do involve complexity. For example, victims may seek remedy in civil court, criminal court, or “dog court,” depending on the nature of the case. It is also essential to establish that the victim was not trespassing (or committing another tort) or provoking (“teasing, tormenting, or abusing”) the animal. Also, liability for losses and damages may fall to the person who had custody of the dog at the time of the attack, or the owner, or both, depending on whether negligence was involved.
One aspect of Massachusetts law that is specific to dog-bite cases refers to the ability of a woman to recover special damages if a dog attack results in facial scarring or other visual disfigurement.
It is essential if a dog attacks you or a loved one to enlist the services of an experienced Personal Injury Lawyer with expertise in this area. Such an attorney can advise you as to all your legal rights, based on the specific circumstances of the case, and steer you through the process of obtaining a favorable outcome. This is achieved through negotiation with the dog's owner or their insurance company, or through litigation (lawsuits) if insurance settlement negotiations are unsuccessful. There are statutes of limitation with regard to animal attacks, and important witness testimony and medical information that should be secured quickly, so it is crucial to contact a trained attorney as soon as possible.
At the Law Offices of Sean J. Cleary, we strive diligently to get our clients the justice they deserve. If you want personal service from a local lawyer who has handled dog bite cases in Western Massachusetts for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation at our offices in downtown Amherst, MA. If you are in the hospital or a nursing home or are of limited mobility, we can easily come right to you.
With all our personal injury cases, our policy is to charge you nothing unless we are successful – a “no recovery, no fee” basis. We get paid only if we obtain for you the compensation you deserve, and our contingency rates are modest and customary.
With breed-specific legislation becoming more common, a lot of misperceptions have developed over which types of dogs pose the greatest threat of attack and imposing severe injury. For example, the Pit Bull and the Rottweiler score about average in aggression studies. However, bites from these larger and stronger breeds are very likely to be far more destructive than a bite from the statistically more aggressive smaller breeds – Dachshunds, for example. There are also many stories about canine breeds that are liable to suddenly “snap” and go on the attack after a life of relative docility, but these cases, where they do exist, are extremely rare. Occasionally, people are reluctant to pursue compensation for a dog-bite attack because they are concerned that the dog might be put to sleep (euthanized) as a result, but in the vast majority of cases nothing of the sort happens to the dog in question – unless the attack was especially brutal or vicious or the dog has rabies.
Massachusetts is a “strict liability” dog bite state, so dog owners are strictly liable for injuries caused by their dogs. (About 15 states have a “one-bite rule,” and a few have mixed liability statutes, but we're limiting our discussions to Massachusetts here) If you or a loved one has been bitten by a dog in Massachusetts, you may be entitled to compensation for your injuries (including emotional trauma), lost wages, and medical bills. You may also be due compensation of your dog (or livestock) was injured or killed as a result of another dog’s mauling. But dog bite laws do involve complexity. For example, victims may seek remedy in civil court, criminal court, or “dog court,” depending on the nature of the case. It is also essential to establish that the victim was not trespassing (or committing another tort) or provoking (“teasing, tormenting, or abusing”) the animal. Also, liability for losses and damages may fall to the person who had custody of the dog at the time of the attack, or the owner, or both, depending on whether negligence was involved.
One aspect of Massachusetts law that is specific to dog-bite cases refers to the ability of a woman to recover special damages if a dog attack results in facial scarring or other visual disfigurement.
It is essential if a dog attacks you or a loved one to enlist the services of an experienced Personal Injury Lawyer with expertise in this area. Such an attorney can advise you as to all your legal rights, based on the specific circumstances of the case, and steer you through the process of obtaining a favorable outcome. This is achieved through negotiation with the dog's owner or their insurance company, or through litigation (lawsuits) if insurance settlement negotiations are unsuccessful. There are statutes of limitation with regard to animal attacks, and important witness testimony and medical information that should be secured quickly, so it is crucial to contact a trained attorney as soon as possible.
At the Law Offices of Sean J. Cleary, we strive diligently to get our clients the justice they deserve. If you want personal service from a local lawyer who has handled dog bite cases in Western Massachusetts for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation at our offices in downtown Amherst, MA. If you are in the hospital or a nursing home or are of limited mobility, we can easily come right to you.
With all our personal injury cases, our policy is to charge you nothing unless we are successful – a “no recovery, no fee” basis. We get paid only if we obtain for you the compensation you deserve, and our contingency rates are modest and customary.
Monday, May 17, 2010
Defective Products and Medications Causing Harm or Injury
We all rely on the safe and dependable use of many products throughout our daily lives. We have a right to expect that what we buy, use, and consume is safe, reliable and free of defects. Most of our experiences with these goods are problem-free, but occasionally there are serious consequences due to a flaw in a products design, manufacture or usage instructions. When a product fails or malfunctions serious harm can result, such as physical injury, mental trauma, property damage, or even death. Permanent or debilitating injuries are common in such instances.
If you or a loved one have been injured as a result of a product manufacturer’s negligence, misrepresentation, breach of warranty, or production of overly dangerous merchandise; you are likely owed compensation for medical bills, pain and suffering, lost income, or even punitive damages. In some cases, a seller is the party that can be held responsible, if the vendor knew the product was faulty. The problem could have been a manufacturing defect, a design flaw, or a failure to adequately warn users of a known danger associated with a product. You owe it to yourself and others affected by the incident to consult with a trained and experienced personal-injury lawyer about the possibility of recouping your losses. A good personal injury attorney will investigate the circumstances and determine what party is responsible for any damages.
Many product liability suits concern motor vehicles if the circumstances are appropriate. Planes, boats, buses, vans, tractors, and trains can also be the subject of product liability lawsuits. Some of the more frequent complaints involve defective airbags, unsafe tires, faulty brakes, seat belt-related problems, and exploding gas tanks. It’s often necessary for a claimant to prove that an accident was the fault of a product defect rather than improper maintenance or negligent operation for a claim for money damages to be successful.
Defective toys can lead to tragic consequences. If a part or piece comes off in a toddler or young child's mouth for example, choking can result. The threat of product liability lawsuits is one reason that toy makers label their products for the appropriate age group.
The use of defective or poorly designed or constructed household, exercise equipment, or even furniture with dangerously sharp edges or points can also lead to severe injuries.
Another class of dangerous-product lawsuits that has received a lot of publicity over the years involve medication such as prescription drugs, dietary supplements, allergy treatments, asthma inhalers, cold medicine, acne cream, sleeping pills and painkillers. This category is further complicated by the fact that some drugs are frequently prescribed by doctors for reasons other than which they are purportedly intended. Further, prescription drug tolerance differs widely among users and reactions with other medications may be a factor. Vioxx is a well known example of a drug that caused destructive side effects in those who took it and its maker was then successfully sued for damages in a class-action suit. Medical devices such as pacemakers have also been known to malfunction and have resulted in serious problems or deaths.
If you think you have a defective-product claim it is essential to speak with a lawyer right away before evidence disappears, memories fade, or statutes of limitation expire. At the Law Offices of Sean J. Cleary, we have over 15 years of experience in Western Massachusetts handling cases involving defective products that have caused injury, and we will strive diligently to get you the justice and financial compensation you deserve. Call us today and we will set up a free, no-obligation, introductory consultation. If you are in the hospital or otherwise unable to reach us at our offices in downtown Amherst, MA, we will go to you. At our offices, you will find the personal touch. I handle or oversee each case. If I think you have a case there is never any cost to you. Our policy is that we are paid only if we succeed in securing compensation for our clients, on a “no recovery, no fee” contingency basis.
If you or a loved one have been injured as a result of a product manufacturer’s negligence, misrepresentation, breach of warranty, or production of overly dangerous merchandise; you are likely owed compensation for medical bills, pain and suffering, lost income, or even punitive damages. In some cases, a seller is the party that can be held responsible, if the vendor knew the product was faulty. The problem could have been a manufacturing defect, a design flaw, or a failure to adequately warn users of a known danger associated with a product. You owe it to yourself and others affected by the incident to consult with a trained and experienced personal-injury lawyer about the possibility of recouping your losses. A good personal injury attorney will investigate the circumstances and determine what party is responsible for any damages.
Many product liability suits concern motor vehicles if the circumstances are appropriate. Planes, boats, buses, vans, tractors, and trains can also be the subject of product liability lawsuits. Some of the more frequent complaints involve defective airbags, unsafe tires, faulty brakes, seat belt-related problems, and exploding gas tanks. It’s often necessary for a claimant to prove that an accident was the fault of a product defect rather than improper maintenance or negligent operation for a claim for money damages to be successful.
Defective toys can lead to tragic consequences. If a part or piece comes off in a toddler or young child's mouth for example, choking can result. The threat of product liability lawsuits is one reason that toy makers label their products for the appropriate age group.
The use of defective or poorly designed or constructed household, exercise equipment, or even furniture with dangerously sharp edges or points can also lead to severe injuries.
Another class of dangerous-product lawsuits that has received a lot of publicity over the years involve medication such as prescription drugs, dietary supplements, allergy treatments, asthma inhalers, cold medicine, acne cream, sleeping pills and painkillers. This category is further complicated by the fact that some drugs are frequently prescribed by doctors for reasons other than which they are purportedly intended. Further, prescription drug tolerance differs widely among users and reactions with other medications may be a factor. Vioxx is a well known example of a drug that caused destructive side effects in those who took it and its maker was then successfully sued for damages in a class-action suit. Medical devices such as pacemakers have also been known to malfunction and have resulted in serious problems or deaths.
If you think you have a defective-product claim it is essential to speak with a lawyer right away before evidence disappears, memories fade, or statutes of limitation expire. At the Law Offices of Sean J. Cleary, we have over 15 years of experience in Western Massachusetts handling cases involving defective products that have caused injury, and we will strive diligently to get you the justice and financial compensation you deserve. Call us today and we will set up a free, no-obligation, introductory consultation. If you are in the hospital or otherwise unable to reach us at our offices in downtown Amherst, MA, we will go to you. At our offices, you will find the personal touch. I handle or oversee each case. If I think you have a case there is never any cost to you. Our policy is that we are paid only if we succeed in securing compensation for our clients, on a “no recovery, no fee” contingency basis.
Thursday, May 6, 2010
Motorcycle Accidents
Nothing can match the exhilaration and freedom of motorcycle riding, but these qualities entail unique risks as well. While automobile drivers have protective metal shells surrounding them, bikers are exposed to immediate impact with the road and other vehicles. This makes them susceptible to serious injury in accidents even when wearing safety gear such as carbon helmets, leather jackets, gloves, and strong boots. Motorcycles are relatively small compared to cars and trucks. Drivers are prone to miss them in their blind spots. Also, road conditions such as slick or bumpy surfaces on wet or badly-maintained roads or obstacles present special hazards to two-wheeled riders, despite a motorcycles' maneuverability.
Motorcycle riding takes many forms – daily transportation, cross-country, pleasure cruising, competitive racing, motocross and dirt biking, etc. All of these activities involve risks, but most accidents occur during typical road usage – short trips – and more times than not they are caused by a car driver claiming to have not seen the motorcycle. In many cases, however, the car operator actually violated the motorcyclist’s right of way.
Out of over four million motorcycles registered in the U.S., there are approximately 5,000 motorcycle fatalities each year and about 10 times as many motorcycle-related accidents. A majority of these involve a collision with a passenger car or light truck. The fatality statistics are trending upward despite the actions in many states to raise awareness among automobile drivers about motorbikes and their associated safety issues. It hardly needs repeating that bikers must ride defensively and exercise caution when approaching intersections. Of course, never ride after drinking – alcohol was a factor in about half of all fatal motorcycle accidents.
If you have suffered injuries as a result of a motorcycle accident, you may be entitled to legal compensation that will cover medical bills, pain and suffering, lost income, and even punitive damages. But it is critical to act quickly because of the statutes of limitations, the disappearance of evidence or dimming memories. Insurance laws can vary widely from those covering autos.
If there was a product liability at issue, i.e. if the bike bucked and wobbled at high speed, the manufacturer could be sued. A defective machine or part subjects an ordinary user to unnecessary and unreasonable danger. However, most single-vehicle motorcycle crashes are the result of a sudden puncture flat. Product liability with regard to motorcycles are a rare occurrence. Never send parts or the vehicle back to the maker or vendor to be inspected without speaking to an attorney.
It’s essential to know your legal rights and remedies in case you’re involved in a crash.
Unfortunately, juries tend to view motorcyclists as irresponsible risk-takers. This bias is hard to overcome without the help of a skilled, experienced personal-injury attorney by your side throughout the claims and trial process. Fighting such a widespread prejudice is difficult, but a good lawyer will present the cyclist’s side in a convincing and sympathetic manner.
At the Law Offices of Sean J. Cleary we have over 15 years of experience in Western Massachusetts courts dealing with motorcycle accident claims. If you or a loved one recently have been involved in a motorcycle crash that resulted in injury or death, call us today to set up a free, no-obligation, introductory consultation. Our firm operates on a “no-recovery-no-fee” basis – that is, we are paid only if we are successful in securing compensation for our clients, with contingency rates that are modest and customary. If you are hospitalized or unable to come to our office, we will gladly meet with you at your home, office, or place of treatment.
Motorcycle riding takes many forms – daily transportation, cross-country, pleasure cruising, competitive racing, motocross and dirt biking, etc. All of these activities involve risks, but most accidents occur during typical road usage – short trips – and more times than not they are caused by a car driver claiming to have not seen the motorcycle. In many cases, however, the car operator actually violated the motorcyclist’s right of way.
Out of over four million motorcycles registered in the U.S., there are approximately 5,000 motorcycle fatalities each year and about 10 times as many motorcycle-related accidents. A majority of these involve a collision with a passenger car or light truck. The fatality statistics are trending upward despite the actions in many states to raise awareness among automobile drivers about motorbikes and their associated safety issues. It hardly needs repeating that bikers must ride defensively and exercise caution when approaching intersections. Of course, never ride after drinking – alcohol was a factor in about half of all fatal motorcycle accidents.
If you have suffered injuries as a result of a motorcycle accident, you may be entitled to legal compensation that will cover medical bills, pain and suffering, lost income, and even punitive damages. But it is critical to act quickly because of the statutes of limitations, the disappearance of evidence or dimming memories. Insurance laws can vary widely from those covering autos.
If there was a product liability at issue, i.e. if the bike bucked and wobbled at high speed, the manufacturer could be sued. A defective machine or part subjects an ordinary user to unnecessary and unreasonable danger. However, most single-vehicle motorcycle crashes are the result of a sudden puncture flat. Product liability with regard to motorcycles are a rare occurrence. Never send parts or the vehicle back to the maker or vendor to be inspected without speaking to an attorney.
It’s essential to know your legal rights and remedies in case you’re involved in a crash.
Unfortunately, juries tend to view motorcyclists as irresponsible risk-takers. This bias is hard to overcome without the help of a skilled, experienced personal-injury attorney by your side throughout the claims and trial process. Fighting such a widespread prejudice is difficult, but a good lawyer will present the cyclist’s side in a convincing and sympathetic manner.
At the Law Offices of Sean J. Cleary we have over 15 years of experience in Western Massachusetts courts dealing with motorcycle accident claims. If you or a loved one recently have been involved in a motorcycle crash that resulted in injury or death, call us today to set up a free, no-obligation, introductory consultation. Our firm operates on a “no-recovery-no-fee” basis – that is, we are paid only if we are successful in securing compensation for our clients, with contingency rates that are modest and customary. If you are hospitalized or unable to come to our office, we will gladly meet with you at your home, office, or place of treatment.
Subscribe to:
Comments (Atom)
