Heated arguments that escalate even slightly can turn into threats, scuffles, fistfights, beatings and other violence that can result in assault and battery charges. If you are found guilty of assault and battery in Massachusetts, the penalties are up to 2½ years incarceration and a fine of up to $1,000. In addition, you would then have a criminal record, which often has a detrimental impact on your ability to land a job, rent an apartment, or qualify for a security clearance. Other possible consequences include supervised probation and mandated anger management programs. Considering these circumstances, if you have been arrested and charged with assault and battery, you need a skilled, experienced, criminal defense lawyer who is an expert in these matters – the sooner, the better. Any person who tries to contest charges like this without a good lawyer is taking a huge risk. As with any criminal legal situation, it is always wise to not make any statements to the police until you have spoken with your attorney.
Some of the most common places for fights that lead to assault charges are places where alcohol is served, such as bars, parking lots where tailgating takes place at public sporting events, college frat parties, and dance clubs. Assault & battery does not have to result in a person being hurt or injured physically, but rather it can merely be the threat or intent to hurt someone – by throwing a rock or bottle, pointing a gun or knife, or even just yelling at them. In many cases, the biggest determinant in who gets to file assault and battery charges is which party calls the police first. Unlike what popular opinion might suggest, it is not that common in such cases for the police to arrive at a scene where one party is standing and the other party has been knocked out cold. In fact, the person who calls the police – the “victim” – might have been the actual aggressor and the other party might have been acting in self-defense.
With assault and battery charges, there are numerous variables that determine how the legal system treats you and the penalty that will be imposed if you are found guilty. For example, some of the conditions that will induce harsher treatment by the District Attorney or Assistant District Attorney include: domestic violence assaults, assault with a dangerous weapon, assault of a public official or police officer, aggravated assaults, assault with intent to rob, maim or murder; or assault of a minor under 14. Another important factor is whether you have been charged with a misdemeanor or a felony. Assault with a deadly weapon – which can include a handgun or rifle, knife, brick, or many other objects – generally merits a felony charge.
Legal defenses against assault and battery charges are contingent on the exact facts of the case, but a skilled attorney can often find flaws with the prosecution’s case as well. Approaches can include filing motions to suppress evidence, assertions of self-defense, and plea bargaining to get the charges reduced to a misdemeanor or to receive probation and anger-management counseling rather than jail time.
If you have been charged with assault in Western Massachusetts (Hampshire, Hampden, Berkshire, and Franklin Counties) – or even if you think someone is considering filing charges against you – contact us for a free, no-obligation consultation and evaluation. We will look at the facts in your case and give you our honest assessment of probable outcomes. If we decide to move forward together, we will strive in every way to defend your rights – to get your charges reduced or the case dismissed.
At the Law Offices of Sean J. Cleary, located in Amherst, MA, we have over 15 years of experience handling assault and battery cases in Western Massachusetts in front of all the area’s District and Superior Courts. Our office has the personal touch, with me personally handling or supervising every case. If you are incarcerated in jail or prison, we will go there to meet with you.
Tuesday, July 20, 2010
Tuesday, July 6, 2010
Operating Under the Influence Criminal Defense
The Commonwealth of Massachusetts takes drunk driving or drinking while driving very seriously. Severe penalties are levied to multiple offenders. If you have been pulled over and arrested for Operating Under the Influence (OUI) that is a grave matter and you definitely need a good criminal defense attorney in your corner.
OUI law is highly complex. There is a confusing array of penalties for first time and subsequent offenses for operating a motor vehicle under the influence of alcohol. Numerous factors come into play when defending a drunk driving charge. Such factors can include: whether an accident was involved and whether there was any injury to whomever was involved.
You can be picked up and placed under arrest for a OUI while operating any type of vehicle: cars, motorcycles, and trucks. You can even be arrested for OUI for driving drunk in a boat. You might have attracted an officer’s attention by driving erratically, caught at a roadblock or a sobriety checkpoint. You might also have had an open alcohol container in the vehicle, which is a separate type of infraction.
With an OUI arrest there are administrative penalties and legal consequences. These include actions the Massachusetts Registry of Motor Vehicles (RMV) will take against you and criminal penalties such as fines, community service, and prison time. At the RMV hearing with the Massachusetts Executive Office of Transportation, the defendant bears the burden of proving their innocence. OUI laws are state-specific, and Massachusetts OUI laws are stringent. Like other states, Massachusetts has a “zero-tolerance” policy, imposing severe penalties to those under the drinking minimum age of 21 who are caught driving under the influence. The legal alchohol limit for minors is a blood alchohol level at or above 0.02%.
Massachusetts’ “per se” law dictates that a blood or breath alcohol level (BAL – or BAC, for blood alcohol content) over 0.08% is proof of intoxication and grounds for arrest. But even without the breathalyzer tests, any patrolman can positively determine that you are unable to safely operate a motor vehicle based on your behavior or performance on the sobriety exam even if you pass the breath test.
Melanie's Law imposes especially serious penalties and license suspensions on repeat OUI offenders. An OUI conviction remains on your record for life.
Refusal to take a breath test and/or a field sobriety test at the scene can not be used in court as evidence of guilt, so it might be a wise course not to take them – but such a refusal automatically results in a mandatory 180-day suspension of your driver's license in a first offense case. A second-offense refusal results in a three year suspension. If you fail the breath test, your license will be suspended for 30 days. In either case, the arresting officer will confiscate your license on the spot. If you fail a breath test (Draeger Alcotest) at the police station, however, that fact WILL be used in court.
Regardless of how much research you do into OUI law, it is vital to retain a criminal defense lawyer to represent you if you want to get the best deal possible given your circumstances. The web is a wondrous source of information, but a skilled attorney’s training and experience are irreplaceable. Vigorous representation by an experienced drunk driving lawyer dramatically increases your chances of avoiding a conviction, or of obtaining a favorable deal with the district attorney’s office. Juries acquit OUI defendants in about half the cases, so the situation need not be seen as hopeless. Furthermore, the earliest possible intervention improves your odds of preserving helpful evidence, obtaining fresh witness testimony, and preparing for the DA's case against you. This is not a decision to postpone or delay. You should consult with a qualified attorney as soon as possible. Your lawyer will take you through the entire process, from arraignment to pre-trial conference, through motions, hearings, trial (if necessary), and sentencing (if there’s a guilty verdict). We can even assist you with probation, parole, and supervised release programs if you require it.
At the Law Offices of Sean J. Cleary, we have over 15 years of experience in Western Massachusetts dealing with drunk-driving charges and have tried countless OUI cases for first-time and repeat offenders. A former court-appointed public defender, long-time private criminal defense lawyer, and past President of the Hampshire County Bar Association, I will personally handle or supervise your case and will strive to obtain an innocent verdict or get the charges reduced or dropped. Whether or not you think you want to fight your charge in court, call us to set up a free, no-obligation consultation at our office in Amherst, Mass. If you are incarcerated in jail or prison, we will come to the facility to meet with you.
We accept MasterCard and Visa for payment of Drunk Driving criminal defense charges.
OUI law is highly complex. There is a confusing array of penalties for first time and subsequent offenses for operating a motor vehicle under the influence of alcohol. Numerous factors come into play when defending a drunk driving charge. Such factors can include: whether an accident was involved and whether there was any injury to whomever was involved.
You can be picked up and placed under arrest for a OUI while operating any type of vehicle: cars, motorcycles, and trucks. You can even be arrested for OUI for driving drunk in a boat. You might have attracted an officer’s attention by driving erratically, caught at a roadblock or a sobriety checkpoint. You might also have had an open alcohol container in the vehicle, which is a separate type of infraction.
With an OUI arrest there are administrative penalties and legal consequences. These include actions the Massachusetts Registry of Motor Vehicles (RMV) will take against you and criminal penalties such as fines, community service, and prison time. At the RMV hearing with the Massachusetts Executive Office of Transportation, the defendant bears the burden of proving their innocence. OUI laws are state-specific, and Massachusetts OUI laws are stringent. Like other states, Massachusetts has a “zero-tolerance” policy, imposing severe penalties to those under the drinking minimum age of 21 who are caught driving under the influence. The legal alchohol limit for minors is a blood alchohol level at or above 0.02%.
Massachusetts’ “per se” law dictates that a blood or breath alcohol level (BAL – or BAC, for blood alcohol content) over 0.08% is proof of intoxication and grounds for arrest. But even without the breathalyzer tests, any patrolman can positively determine that you are unable to safely operate a motor vehicle based on your behavior or performance on the sobriety exam even if you pass the breath test.
Melanie's Law imposes especially serious penalties and license suspensions on repeat OUI offenders. An OUI conviction remains on your record for life.
Refusal to take a breath test and/or a field sobriety test at the scene can not be used in court as evidence of guilt, so it might be a wise course not to take them – but such a refusal automatically results in a mandatory 180-day suspension of your driver's license in a first offense case. A second-offense refusal results in a three year suspension. If you fail the breath test, your license will be suspended for 30 days. In either case, the arresting officer will confiscate your license on the spot. If you fail a breath test (Draeger Alcotest) at the police station, however, that fact WILL be used in court.
Regardless of how much research you do into OUI law, it is vital to retain a criminal defense lawyer to represent you if you want to get the best deal possible given your circumstances. The web is a wondrous source of information, but a skilled attorney’s training and experience are irreplaceable. Vigorous representation by an experienced drunk driving lawyer dramatically increases your chances of avoiding a conviction, or of obtaining a favorable deal with the district attorney’s office. Juries acquit OUI defendants in about half the cases, so the situation need not be seen as hopeless. Furthermore, the earliest possible intervention improves your odds of preserving helpful evidence, obtaining fresh witness testimony, and preparing for the DA's case against you. This is not a decision to postpone or delay. You should consult with a qualified attorney as soon as possible. Your lawyer will take you through the entire process, from arraignment to pre-trial conference, through motions, hearings, trial (if necessary), and sentencing (if there’s a guilty verdict). We can even assist you with probation, parole, and supervised release programs if you require it.
At the Law Offices of Sean J. Cleary, we have over 15 years of experience in Western Massachusetts dealing with drunk-driving charges and have tried countless OUI cases for first-time and repeat offenders. A former court-appointed public defender, long-time private criminal defense lawyer, and past President of the Hampshire County Bar Association, I will personally handle or supervise your case and will strive to obtain an innocent verdict or get the charges reduced or dropped. Whether or not you think you want to fight your charge in court, call us to set up a free, no-obligation consultation at our office in Amherst, Mass. If you are incarcerated in jail or prison, we will come to the facility to meet with you.
We accept MasterCard and Visa for payment of Drunk Driving criminal defense charges.
Thursday, July 1, 2010
Wrongful Death Claims
An untimely death is always a tragic matter for relatives and friends of the deceased. It becomes a "wrongful death" when someone dies as a result of another person (or company) participating in negligence or wrongful actions. If wrongdoing or negligence by a person, a company, or an organization results in the death of a loved one, a wrongful death claim can be pressed by the survivors. Nothing can take the place of a family member, but at least financial compensation exists as a judicial remedy to help those who depended on the deceased person for monetary or emotional support. A wrongful death suit is brought on behalf of the actual victim by a relative or a representative of the victim’s estate. Virtually every state allows relatives to bring lawsuits based on wrongful death, but there are limitations on who can file such a claim. In Massachusetts, the relatives who can bring such a suit are usually limited to immediate family members such as spouses or children.
Wrongful death claims can be based on a broad range of misconduct including reckless or careless behavior (such as negligent driving resulting in a car accident), or even deliberate, intentional acts (such as murder). Medical malpractice, slips and falls, construction injuries, or defective products are also grounds for such claims. Or if a property owner has failed to properly safeguard against accidents or catastrophe – such as not restricting access to a swimming pool, for example, into which a child falls and drowns – that could be the basis for a lawsuit. Wrongful death situations can include a workplace, sports field, car, airplane, or even out in the woods during hunting season. In short, wrongful death incidents can happen almost anywhere.
These claims are civil suits, with monetary damages awarded rather than placing the guilty party in jail. The "burden of proof" differs significantly in civil vs. criminal cases, and so the outcomes can be different as well. In criminal trials, the well-known standard of proof required for conviction is "beyond a reasonable doubt", which is much more stringent than the standard for civil trials, which is "clear and convincing evidence". This might not sound like much of a distinction, but in a court of law it makes all the difference in the world. Also, in a civil case, a defendant cannot refuse to testify on the basis of their Fifth Amendment protections against self-incrimination. This can make it much easier for a plaintiff to prove their case, as a defendant will be subject to criminal sanction for perjury if they lie under oath, and they will not be granted the "presumption of innocence" if they refuse to answer questions from the plaintiff. The jury will be able to take their refusal to answer into consideration when they are deciding the verdict of the case, unlike in a criminal trial.
A murder defendant, for instance, can be acquitted of criminal charges but still found guilty in wrongful death suits. O.J. Simpson is perhaps the best known example of this phenomenon. He was found innocent of the murder of his wife and Ron Goldman in a criminal trial, but found "responsible" for their deaths in a civil lawsut afterwards. Interestingly enough, it was fallout from the consequences of the civil judgement in this case against Simpson that apparently lead to the circumstances whereby he committed additional crimes, for which he has now been convicted and sent to prison.
The trauma of a wrongful death can be devastating to the survivors, and the law allows for a variety of compensation payments. Wrongful death suits can incur both “economic” and “non-economic damages” to compensate the family. Economic (financial) damages covers the loss of present and future income and medical expenses associated with the death while non-economic recompense is for the loss of the victim’s love and companionship. The determination of damages is based on complex calculations including the medical costs incurred by the victim and the price of burial outlays (“actual losses”), and the deceased’s projected earnings potential – which is contingent on both their current salary or business profits plus the number of years remaining until the victim’s expected retirement.
As with other types of civil lawsuits, a statute of limitations applies within which a suit must be filed, or the opportunity to do so is lost forever. In Massachusetts, the time limit is three years, and it is extremely important, if you have any notion of filing suit, to begin the process by consulting with a qualified attorney as soon as possible after the event resulting in the victim’s death.
Wrongful death claims are complicated and delicate matters, and each is unique, and so it is important to work with a trained and experienced lawyer when thinking of filing such a suit. At the Law Offices of Sean J. Cleary in Amherst, MA, we have over 15 years experience pursuing wrongful death claims in Western Massachusetts. We diligently strive to exact the compensation and justice our clients deserve. If you believe you potentially have a wrongful death claim to pursue, please contact us today to set up a free, no-obligation introductory consultation so we can discuss the particulars of your case.
As with all our personal injury cases, our policy for wrongful death claims is to proceed on a “no recovery, no fee” basis, at absolutely no out-of-pocket cost to you. We get paid only if we are successful recovering damages, and our contingency rates are modest and customary.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case. info@sclearylaw.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (413) 549-7600.
Wrongful death claims can be based on a broad range of misconduct including reckless or careless behavior (such as negligent driving resulting in a car accident), or even deliberate, intentional acts (such as murder). Medical malpractice, slips and falls, construction injuries, or defective products are also grounds for such claims. Or if a property owner has failed to properly safeguard against accidents or catastrophe – such as not restricting access to a swimming pool, for example, into which a child falls and drowns – that could be the basis for a lawsuit. Wrongful death situations can include a workplace, sports field, car, airplane, or even out in the woods during hunting season. In short, wrongful death incidents can happen almost anywhere.
These claims are civil suits, with monetary damages awarded rather than placing the guilty party in jail. The "burden of proof" differs significantly in civil vs. criminal cases, and so the outcomes can be different as well. In criminal trials, the well-known standard of proof required for conviction is "beyond a reasonable doubt", which is much more stringent than the standard for civil trials, which is "clear and convincing evidence". This might not sound like much of a distinction, but in a court of law it makes all the difference in the world. Also, in a civil case, a defendant cannot refuse to testify on the basis of their Fifth Amendment protections against self-incrimination. This can make it much easier for a plaintiff to prove their case, as a defendant will be subject to criminal sanction for perjury if they lie under oath, and they will not be granted the "presumption of innocence" if they refuse to answer questions from the plaintiff. The jury will be able to take their refusal to answer into consideration when they are deciding the verdict of the case, unlike in a criminal trial.
A murder defendant, for instance, can be acquitted of criminal charges but still found guilty in wrongful death suits. O.J. Simpson is perhaps the best known example of this phenomenon. He was found innocent of the murder of his wife and Ron Goldman in a criminal trial, but found "responsible" for their deaths in a civil lawsut afterwards. Interestingly enough, it was fallout from the consequences of the civil judgement in this case against Simpson that apparently lead to the circumstances whereby he committed additional crimes, for which he has now been convicted and sent to prison.
The trauma of a wrongful death can be devastating to the survivors, and the law allows for a variety of compensation payments. Wrongful death suits can incur both “economic” and “non-economic damages” to compensate the family. Economic (financial) damages covers the loss of present and future income and medical expenses associated with the death while non-economic recompense is for the loss of the victim’s love and companionship. The determination of damages is based on complex calculations including the medical costs incurred by the victim and the price of burial outlays (“actual losses”), and the deceased’s projected earnings potential – which is contingent on both their current salary or business profits plus the number of years remaining until the victim’s expected retirement.
As with other types of civil lawsuits, a statute of limitations applies within which a suit must be filed, or the opportunity to do so is lost forever. In Massachusetts, the time limit is three years, and it is extremely important, if you have any notion of filing suit, to begin the process by consulting with a qualified attorney as soon as possible after the event resulting in the victim’s death.
Wrongful death claims are complicated and delicate matters, and each is unique, and so it is important to work with a trained and experienced lawyer when thinking of filing such a suit. At the Law Offices of Sean J. Cleary in Amherst, MA, we have over 15 years experience pursuing wrongful death claims in Western Massachusetts. We diligently strive to exact the compensation and justice our clients deserve. If you believe you potentially have a wrongful death claim to pursue, please contact us today to set up a free, no-obligation introductory consultation so we can discuss the particulars of your case.
As with all our personal injury cases, our policy for wrongful death claims is to proceed on a “no recovery, no fee” basis, at absolutely no out-of-pocket cost to you. We get paid only if we are successful recovering damages, and our contingency rates are modest and customary.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case. info@sclearylaw.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (413) 549-7600.
How to Select a Lawyer
Lets face it, no one really wants to hire a lawyer. Why? For one thing needing a lawyer usually means something bad, (or at least unpleasant), is going on in your life. Moreover, most people believe that lawyers are expensive and only looking out for themselves. I believe it doesn’t have to be that way. Besides, no matter how much you may dislike lawyers there are times in life when you will definitely need one. So the question isn’t really whether you want a lawyer, but how to go about choosing the right lawyer for you.
I believe that by visiting my website you may have already found the right lawyer for you. Why? Because I truly care about my clients and I have great judgment, which are two of the most important things a lawyer can bring to your case.
Simply stated, my approach is to listen carefully to your concerns. After I have listened, I assess your situation using the experience I have accumulated over the years, as well as my judgment (which is something that you really can't learn—you either have good judgment or you don’t). Next, I take as much time as needed to explain the available options and the pros and cons of each and to answer each and every question that you may have. I take this time because I believe that a fully informed client is my best client. Once I have answered all of your questions we get to work as a team doing everything we can to bring about the desired outcome. Why am I so confident? Because of the successful outcomes I have achieved time after time and because of the positive feedback I have received from so many of my clients.
So how do you select a lawyer? Recommendations from trusted sources are probably the most useful. Additionally, most lawyers offer a free consultation (at least most personal injury lawyers do). You should take advantage of these free consultations and try to meet with two or three different lawyers before choosing one that is right for you. Listen to what each lawyer has to say. Have a list of questions and get all of them answered. Always discuss what fee the lawyer says he or she will charge. Get a copy of the proposed fee agreement. Then end the meeting without signing up. A good lawyer will not pressure you to sign up at the first meeting. After you have visited several lawyers you will probably have a feeling for which one you felt most comfortable with. At this point you should have enough information to make a decision.
With regard to contingent fee agreements, my experience has been that many lawyers working on a contingency basis overcharge their clients. For example, I know lawyers who increase the fee for filing a lawsuit, or because the case requires mediation, arbitration, trial and/or appeal. I’ve also seen lawyers who charge an “administrative fee” (in addition to the contingency fee!), for doing routine tasks such as getting your medical bills or lost wages paid. I believe you should never have to pay extra fees - period! In my view these are things your lawyer should be doing as part of your personal injury case and any lawyer who would charge extra for them is really just lining his or her own pockets.
Please feel free to contact me for a free, no obligation consultation regarding your personal injury case. info@sclearylaw.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (413) 549-7600.
I believe that by visiting my website you may have already found the right lawyer for you. Why? Because I truly care about my clients and I have great judgment, which are two of the most important things a lawyer can bring to your case.
Simply stated, my approach is to listen carefully to your concerns. After I have listened, I assess your situation using the experience I have accumulated over the years, as well as my judgment (which is something that you really can't learn—you either have good judgment or you don’t). Next, I take as much time as needed to explain the available options and the pros and cons of each and to answer each and every question that you may have. I take this time because I believe that a fully informed client is my best client. Once I have answered all of your questions we get to work as a team doing everything we can to bring about the desired outcome. Why am I so confident? Because of the successful outcomes I have achieved time after time and because of the positive feedback I have received from so many of my clients.
So how do you select a lawyer? Recommendations from trusted sources are probably the most useful. Additionally, most lawyers offer a free consultation (at least most personal injury lawyers do). You should take advantage of these free consultations and try to meet with two or three different lawyers before choosing one that is right for you. Listen to what each lawyer has to say. Have a list of questions and get all of them answered. Always discuss what fee the lawyer says he or she will charge. Get a copy of the proposed fee agreement. Then end the meeting without signing up. A good lawyer will not pressure you to sign up at the first meeting. After you have visited several lawyers you will probably have a feeling for which one you felt most comfortable with. At this point you should have enough information to make a decision.
With regard to contingent fee agreements, my experience has been that many lawyers working on a contingency basis overcharge their clients. For example, I know lawyers who increase the fee for filing a lawsuit, or because the case requires mediation, arbitration, trial and/or appeal. I’ve also seen lawyers who charge an “administrative fee” (in addition to the contingency fee!), for doing routine tasks such as getting your medical bills or lost wages paid. I believe you should never have to pay extra fees - period! In my view these are things your lawyer should be doing as part of your personal injury case and any lawyer who would charge extra for them is really just lining his or her own pockets.
Please feel free to contact me for a free, no obligation consultation regarding your personal injury case. info@sclearylaw.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (413) 549-7600.
Wednesday, June 9, 2010
Medical Malpractice resulting in Disability or Death - Lawsuits and Out-of-Court Settlements in Western Massachusetts
Over the past century, modern medicine has made many dramatic advances in the curing of illness, treatment of injuries, and management of chronic conditions. Hospitals today are staffed with highly-trained, experienced doctors, nurses and specialists who regularly perform what would in the old days be considered miracles.Sadly, even with the best of training, facilities and equipment, medical malpractice in the form of errors, omissions, misdiagnoses, failure to interpret tests properly or order medically necessary tests when required can result in wrongful death or injury to patients. Parents, children, brothers, sisters, and all other relatives, friends, and co-workers suffer along with the patient and can be deprived of income, companionship, services, and other benefits they used to receive from their relationship when the damage done by malpractice results in the wrongful death, disability or serious injury to a person. This is of course in addition to the damage suffered by the patient themselves, should they manage to live through the experience.
When this happens to you or a loved one, you need the services of a highly trained and experienced Personal Injury Lawyer who can investigate the circumstances of the events in question, advise you of your rights under the law given the facts of the case, and navigate through the treacherous waters of settlement negotiation and if required, litigation. The law is strict and unforgiving with regards to documentation and statutes of limitations requirements, so if you think you may have a medical malpractice claim for yourself or a family member, it's very important to contact a competent attorney as soon as possible so you don't forfeit your rights.
At the Law Offices of Sean J. Cleary, we work tirelessly for our clients to get them the justice they deserve. Attorney Cleary personally handles or supervises every case. If you want personal service from a local lawyer who has handled Medical Malpractice cases from lawsuits to out-of-court settlements for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation. If you are in the hospital or of limited mobility, we can easily come right to you anywhere in Western Massachusetts.
With all Personal Injury legal cases, there are no costs to you unless we are successful. We only get paid if we provide you with the compensation you deserve, and our contingency rates are modest and customary.
With all the noise now about "Tort Reform" (limiting patients rights when they suffer from medical errors and negligence) as a theoretical way to reduce medical costs to society, remember why they COUNT medical instruments now whenever surgery is performed. It's because once upon a time, they didn't, and one time a medical instrument was left INSIDE a patient after the surgery was done, causing them much suffering. They SUED, and won a substantial settlement. Now, the practice of counting surgical instruments is established as part of the surgeon's canon. The law works the way it does for good reason. In the high-stakes world of medicine, indifference or incompetence can have deadly or permanently debilitating consequences, so the system is set up to both compensate people who suffer from these things and penalize those who engage in them.
At the Law Offices of Sean J. Cleary, we think that this is the law working the way it was fairly designed to. We work with victims of medical malpractice get them the help they need with medical bills, funeral costs, long-term care, and basic living expenses when they can no longer work. We also help widows, orphans, and others left behind recover from the devastating preventable loss of a provider. We seek justice, and work diligently on our clients' behalf to achieve it.
Monday, June 7, 2010
Felony Charges (such as Breaking & Entering, Robbery, Burglary, and Larceny) Criminal Defense in Western Mass
Getting arrested can be a heart wrenching experience, but being charged with a felony is often a grave and highly traumatic event. Felonies carry substantially higher penalties than misdemeanors. Further, there are far more social and legal sanctions associated with felony convictions. Being a felon often has severe extra-legal impacts with regard to job prospects, receipt of government services, loss of civil rights (such as running for office, joining the military, and voting), insurance, driving, and social contacts. Of course, a Class 1 felony conviction can result in the worst punishment in Massachusetts, that of life in prison without the possibility of parole. Although there is no death penalty in Mass., the federal government does prosecute capital cases in the state.
Some crimes can be charged as misdemeanors or felonies depending on the severity of the circumstances and the inclination of the DA (District Attorney) or presiding judge. For example, the seriousness of drug possession charges, and the degree of punishment, is often determined by the nature and amount of evidence that was recovered. Assault is another category that carries variable charges, depending on such factors as whether someone is seriously injured in the incident.
Some of the well-known categories of felonies include: breaking and entering, robbery, burglary, larceny-theft, motor vehicle theft, weapons violations, arson, murder or attempted murder, manslaughter, vehicular manslaughter, sexual assault (forcible rape and date-rape), drunk driving, drug possession and distribution, assault and battery, fraud, embezzlement, forgery, and counterfeiting.
There are many myths surrounding criminal felony cases. One is that most accused people are guilty. Another is that it is extremely difficult—almost next to impossible—to win your case in a criminal trial. One thing that is NOT a myth, however, is that you need a good lawyer with significant trial experience defending you in felony crime cases. More experience is generally better than less, but much depends on the attorney’s innate intelligence, judgment, and persuasive nature before a jury.
The best advice for anyone facing a felony charge is to be sure to have a highly qualified criminal defense lawyer mounting an aggressive defense for you. Do not make any statements without the approval of your attorney. Exercise your right to remain silent. A skilled felony defense lawyer will offer many skills, including the ability to negotiate. Only about 5% of felony convictions result from jury trials, with the remainder resulting in a plea bargain. This is where a defendant agrees to plead guilty in return for a reduced sentence or other more favorable treatment than what could result if the case went to trial. An attorney’s skill can make a huge difference in such negotiations. Even if you plan on pleading guilty to the charges you face, it is absolutely essential to have the assistance of a qualified attorney representing you to ensure that you receive the best possible deal.
A good criminal defense attorney should also be able to clearly explain to a defendant the legal ramifications and considerations that bear on that person’s case. He or she should also be able to outline the range of options available. Throughout the process of trying a case, a lawyer will vigorously protect the defendant’s rights. This can be a big issue when, for example, a defendant is pressured to accept a plea bargain after having asserted his or her innocence to the defense attorney. In addition to steadfastly defending the accused during trial, the lawyer should retain the best available experts to support the defense's case, and file all appropriate motions.
At the Law Offices of Sean J. Cleary, I have over 15 years of experience helping clients fight felony charges in front of District and Superior Courts throughout Western Massachusetts, including Hampshire, Franklin, and Hampden Counties. A former court-appointed public defender, long-time private criminal defense lawyer, and former President of the Hampshire County Bar Association, I have tried numerous cases involving a wide variety of felonies. At our office in Amherst, MA, you will get personal attention to your case, with me either directly handling or supervising every case we accept.
No matter what your circumstances, even if you've made incriminating statements or have given a confession in a felony case against you, contact us immediately for a free, no-obligation, introductory consultation and evaluation. We will carefully consider the facts of your case, and give you an honest assessment of worst-case and best-case scenarios. (Beware of any lawyer who makes flat-out promises about your case's resolution.) If you are incarcerated in a local jail or state prison, we will gladly come to the facility to meet with you.
Some crimes can be charged as misdemeanors or felonies depending on the severity of the circumstances and the inclination of the DA (District Attorney) or presiding judge. For example, the seriousness of drug possession charges, and the degree of punishment, is often determined by the nature and amount of evidence that was recovered. Assault is another category that carries variable charges, depending on such factors as whether someone is seriously injured in the incident.
Some of the well-known categories of felonies include: breaking and entering, robbery, burglary, larceny-theft, motor vehicle theft, weapons violations, arson, murder or attempted murder, manslaughter, vehicular manslaughter, sexual assault (forcible rape and date-rape), drunk driving, drug possession and distribution, assault and battery, fraud, embezzlement, forgery, and counterfeiting.
There are many myths surrounding criminal felony cases. One is that most accused people are guilty. Another is that it is extremely difficult—almost next to impossible—to win your case in a criminal trial. One thing that is NOT a myth, however, is that you need a good lawyer with significant trial experience defending you in felony crime cases. More experience is generally better than less, but much depends on the attorney’s innate intelligence, judgment, and persuasive nature before a jury.
The best advice for anyone facing a felony charge is to be sure to have a highly qualified criminal defense lawyer mounting an aggressive defense for you. Do not make any statements without the approval of your attorney. Exercise your right to remain silent. A skilled felony defense lawyer will offer many skills, including the ability to negotiate. Only about 5% of felony convictions result from jury trials, with the remainder resulting in a plea bargain. This is where a defendant agrees to plead guilty in return for a reduced sentence or other more favorable treatment than what could result if the case went to trial. An attorney’s skill can make a huge difference in such negotiations. Even if you plan on pleading guilty to the charges you face, it is absolutely essential to have the assistance of a qualified attorney representing you to ensure that you receive the best possible deal.
A good criminal defense attorney should also be able to clearly explain to a defendant the legal ramifications and considerations that bear on that person’s case. He or she should also be able to outline the range of options available. Throughout the process of trying a case, a lawyer will vigorously protect the defendant’s rights. This can be a big issue when, for example, a defendant is pressured to accept a plea bargain after having asserted his or her innocence to the defense attorney. In addition to steadfastly defending the accused during trial, the lawyer should retain the best available experts to support the defense's case, and file all appropriate motions.
At the Law Offices of Sean J. Cleary, I have over 15 years of experience helping clients fight felony charges in front of District and Superior Courts throughout Western Massachusetts, including Hampshire, Franklin, and Hampden Counties. A former court-appointed public defender, long-time private criminal defense lawyer, and former President of the Hampshire County Bar Association, I have tried numerous cases involving a wide variety of felonies. At our office in Amherst, MA, you will get personal attention to your case, with me either directly handling or supervising every case we accept.
No matter what your circumstances, even if you've made incriminating statements or have given a confession in a felony case against you, contact us immediately for a free, no-obligation, introductory consultation and evaluation. We will carefully consider the facts of your case, and give you an honest assessment of worst-case and best-case scenarios. (Beware of any lawyer who makes flat-out promises about your case's resolution.) If you are incarcerated in a local jail or state prison, we will gladly come to the facility to meet with you.
Wednesday, May 26, 2010
Attorney Cleary to Serve on Massachusetts Bar Foundation Committee
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.
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.
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.
Wednesday, April 28, 2010
Car, SUV, and Light Truck Accident Injuries, including Disability or Death - Lawsuits in Western Massachusetts
Even with today’s improved safety equipment in vehicles, car, SUV, minivan and pickup truck accidents can have a devastating impact. Whether you’re the driver, passenger, bystander or pedestrian, in an instant you could be seriously injured or incapacitated due to another person’s negligence or recklessness. Examples of negligence include: failure to signal a turn, observe a stop sign, yield the right of way, obey a speed limit, or driving while under the influence of alcohol or drugs. Additionally, the widespread use of cell phones for phone calls and text messaging, distracted operation of car radios, iPods, and other digital devices, even the use of laptop computers while driving can all be contributing factors in vehicle crashes.
No matter if your accident involved a compact car, sedan, SUV, light truck, motorcycle, tractor-trailer or any other vehicle, if the other driver was negligent then there is liability. Determining who is at fault in an accident is usually the primary factor in the outcome of insurance claims and/or lawsuits. Even road designers and builders could be held liable for accident damage if, for example, there was an obstruction or other road hazard, a faultily designed roadway or exit, or a lack of proper lighting or signage. In drunk driving cases, liability is sometime assigned according to “dram shop” laws that apply if a liquor (package) store or bar knowingly sold alcohol to a visibly intoxicated customer. If you can prove that another driver behaved irresponsibly, then his or her insurance company will pay up to that person’s coverage limit, above which the person themselves is responsible.
The results of serious auto accidents are well known, including fatalities or severe injuries to the face, head, arms, legs, back, and neck. Types of injuries include lacerations, scrapes, fractures, contusions, concussions, severed limbs, punctured lungs and internal organ and brain injuries. Pain from whiplash and other spine / spinal cord injuries – such as lumbar or lower back sprains – is also very common after an auto accident. Some injuries can take a few days before the pain and/or disability symptoms start (typically, after the adrenaline or endorphins have subsided), which can make such injuries more difficult to diagnose.
Victims of car crashes are entitled to compensation – including monetary damages for pain or suffering, reasonable medical expenses (both current and- in the case of serious injury, future), and lost wages. There are called “actual damages”, such as lost paychecks and medical treatment costs, and “moral damages”, such as pain and suffering. Insurance settlements and payments are often inadequate to cover the real-world costs of the damages, or compensate victims for their trauma, loss of work, and lifestyle disruption. Payments through Personal Injury Protection (PIP) in Massachusetts usually covers only the first $2,000 of medical bills, although it sometimes can be extended to as much as $8,000. In the event of a severe accident, of course, such amounts are inadequate to cover the amount of lost income and medical bills.
Auto accident claims can be complicated and tricky – especially when there are multiple victims involved – and there are pitfalls that are critical to avoid, such as making statements to an insurance company without your lawyer’s consent or presence. Many victims recover only a fraction of what they’re rightfully owed, especially if they accept an insurance company’s first offer, so beware of legal waivers and quick cash settlements.
It is always crucial to have a trained, experienced personal injury attorney by your side through the difficult process of filing and pursuing car accident claims. At the Law Offices of Sean J. Cleary we have over 15 years of experience in handling these claims and cases in Western Massachusetts, and we will work diligently to ensure that you get the compensation and justice you deserve, whether it be via insurance claims, or litigation. Our office provides professional service with the personal touch, with every case directly handled or supervised by Attorney Cleary.
If you or a loved one have sustained injuries or serious vehicular damage in a car or other motor vehicle accident, call us today and we will set up a free, no-obligation introductory consultation at our office in Amherst, MA. We operate strictly on a “no-recovery-no-fee” basis, where we get paid only if we are successful at recovering money damages for you. We care, and we’re here to help you cope with the complexities of an auto accident claim. If you have difficulty coming to our office, we are glad to meet at your home, office, hospital or convalescent facility. When you need a thoughtful, caring, and well-seasoned personal injury lawyer, the Law Office of Sean J. Cleary is here to serve you.
No matter if your accident involved a compact car, sedan, SUV, light truck, motorcycle, tractor-trailer or any other vehicle, if the other driver was negligent then there is liability. Determining who is at fault in an accident is usually the primary factor in the outcome of insurance claims and/or lawsuits. Even road designers and builders could be held liable for accident damage if, for example, there was an obstruction or other road hazard, a faultily designed roadway or exit, or a lack of proper lighting or signage. In drunk driving cases, liability is sometime assigned according to “dram shop” laws that apply if a liquor (package) store or bar knowingly sold alcohol to a visibly intoxicated customer. If you can prove that another driver behaved irresponsibly, then his or her insurance company will pay up to that person’s coverage limit, above which the person themselves is responsible.
The results of serious auto accidents are well known, including fatalities or severe injuries to the face, head, arms, legs, back, and neck. Types of injuries include lacerations, scrapes, fractures, contusions, concussions, severed limbs, punctured lungs and internal organ and brain injuries. Pain from whiplash and other spine / spinal cord injuries – such as lumbar or lower back sprains – is also very common after an auto accident. Some injuries can take a few days before the pain and/or disability symptoms start (typically, after the adrenaline or endorphins have subsided), which can make such injuries more difficult to diagnose.
Victims of car crashes are entitled to compensation – including monetary damages for pain or suffering, reasonable medical expenses (both current and- in the case of serious injury, future), and lost wages. There are called “actual damages”, such as lost paychecks and medical treatment costs, and “moral damages”, such as pain and suffering. Insurance settlements and payments are often inadequate to cover the real-world costs of the damages, or compensate victims for their trauma, loss of work, and lifestyle disruption. Payments through Personal Injury Protection (PIP) in Massachusetts usually covers only the first $2,000 of medical bills, although it sometimes can be extended to as much as $8,000. In the event of a severe accident, of course, such amounts are inadequate to cover the amount of lost income and medical bills.
Auto accident claims can be complicated and tricky – especially when there are multiple victims involved – and there are pitfalls that are critical to avoid, such as making statements to an insurance company without your lawyer’s consent or presence. Many victims recover only a fraction of what they’re rightfully owed, especially if they accept an insurance company’s first offer, so beware of legal waivers and quick cash settlements.
It is always crucial to have a trained, experienced personal injury attorney by your side through the difficult process of filing and pursuing car accident claims. At the Law Offices of Sean J. Cleary we have over 15 years of experience in handling these claims and cases in Western Massachusetts, and we will work diligently to ensure that you get the compensation and justice you deserve, whether it be via insurance claims, or litigation. Our office provides professional service with the personal touch, with every case directly handled or supervised by Attorney Cleary.
If you or a loved one have sustained injuries or serious vehicular damage in a car or other motor vehicle accident, call us today and we will set up a free, no-obligation introductory consultation at our office in Amherst, MA. We operate strictly on a “no-recovery-no-fee” basis, where we get paid only if we are successful at recovering money damages for you. We care, and we’re here to help you cope with the complexities of an auto accident claim. If you have difficulty coming to our office, we are glad to meet at your home, office, hospital or convalescent facility. When you need a thoughtful, caring, and well-seasoned personal injury lawyer, the Law Office of Sean J. Cleary is here to serve you.
Construction Site Accidents and Injuries resulting in Disability or Death - Lawsuits in Western Massachusetts
Construction sites are dangerous places, and cause an alarming number of injuries to people every year, far too many of which require hospitalization, cause permanent disability, or result in death.
Massachusetts worker's compensation insurance laws preclude construction workers from filing job-site-related injury lawsuits against their employers in in most cases, but construction site employees may still have personal-injury claims against landowners, vendors, equipment and tool suppliers, crane operators, scaffolding riggers, and other non-employer actors involved in a construction project, on top of any workman's comp payments they may receive.
Construction site hazards created by improper procedures, faulty equipment, untrained crews, insecure storage of materials, failure to secure perimeters (install adequate fencing), poor signage, and overly aggressive construction schedules can all lead to accidents that cause serious injuries. These events can lead to severe consequences for the injured, including pain and suffering, time out of work, lost income, medical bills, rehabilitation expenses, and even permanent disability (which carries with it the ongoing expenses of long-term care).
Construction sites are among the most hazardous workplaces in the country, both to workers and others who must visit or pass through them. According to the US Bureau of Labor Statistics, construction is responsible for the greatest number of deaths of any private work sector – about 1,200 in 2007 and 1,000 in 2008 (along with approximately 500,000 nonfatal injuries). Despite improvements in worker safety programs and equipment over the years, construction can still be a treacherous job. This is true regardless of the specific construction sector considered. No matter if it's residential building construction, heavy industrial plant construction, road, bridge, or other civil engineering construction, or the development of a commercial shopping mall, the specialty trade contractors involved (i.e. carpenters, masons, electricians, roofers, pipefitters, plumbers, welders, etc.) all incur risks inherent in their jobs and also can create situations that cause hazards to other workers and the public.
The dangers are real and numerous. In addition to falls from heights (the primary cause of injury) other incidents include building or scaffolding collapses due to structural failure, injuries caused by improper operation of heavy equipment (like back-hoes, front-end loaders, bulldozers, dump trucks, graders, steamrollers, cranes, Bobcats, cherry pickers and excavators), failure to use protective gear, and unauthorized access to restricted areas.
Accidents commonly involve electrocution, burns from explosions or fires caused by gas-powered welding and brazing equipment, cutting tools, elevators, fork lifts, dumpsters, nailguns, punch presses, and air compressors. Some accidents are due to equipment failure – such as defective tools or machines – and others to operator or supervisor negligence, inaction or inappropriate behavior. Failure to properly maintain equipment is another leading cause of liability in construction site accident cases.
A fall from a ladder, a slip from a roof, being struck by a falling object, or cuts and broken bones from power tools can lay up a worker for an extended period of time, and not all construction jobs provide disability compensation. Furthermore, companies often press their workers to do the impossible – to finish jobs in record time, cut corners, and scrimp on or simply ignore expensive and time-consuming safety measures. Tragically, many- if not most- construction site accidents and injuries could have been prevented with proper safety precautions. While the Occupational Safety and Health Administration (OSHA) is tasked with setting and enforcing workplace safety standards, OSHA cannot inspect everywhere, at all times.
To protect workers and the public against falls, for example, all construction sites should be fenced off and equipped with guardrails, fall arrest systems, safety nets, covers, and travel restriction systems – but many are not, despite State & Federal laws. When a worker, visitor or passerby is injured as a result of such risky conditions, liability is incurred. Whether an injury occurs on residential property, commercial property, or an industrial or road construction site, liability may fall to the owner, contractor, subcontractor, state or municipality, depending on a multitude of factors.
If you, a relative or friend has been injured in a construction site incident, it is critical to consult immediately with a trained, experienced personal injury lawyer who specializes in such matters to determine whether you have a solid case for a lawsuit or insurance settlement. Statute of limitations regulations apply, so it’s critical to speak to a qualified personal injury attorney as soon as possible. Also, location photography, witness interviews, and other evidence-gathering steps must be started without delay for your injury claim to have the best chances for success.
At the Law Offices of Sean J. Cleary, we have over 15 years of experience with construction site accident injury cases in Western Massachusetts. With all personal injury cases, we operate on a “no recovery, no fee” (contingency) basis: i.e. we get paid only if we are successful in recovering money damages for you. If you or a loved one has been injured or killed in a construction site accident, call us today and we’ll set up a free, no-obligation introductory consultation at our offices in Amherst, MA. If you have difficulty coming into our office for any reason, just let us know and we'll be happy to come to you. Construction companies, tradesmen, equipment manufacturers, and landowners all have responsibilities to prevent construction site injuries. When they don't live up to these responsibilities, it's our responsibility to get you the compensation you deserve.
Massachusetts worker's compensation insurance laws preclude construction workers from filing job-site-related injury lawsuits against their employers in in most cases, but construction site employees may still have personal-injury claims against landowners, vendors, equipment and tool suppliers, crane operators, scaffolding riggers, and other non-employer actors involved in a construction project, on top of any workman's comp payments they may receive.
Construction site hazards created by improper procedures, faulty equipment, untrained crews, insecure storage of materials, failure to secure perimeters (install adequate fencing), poor signage, and overly aggressive construction schedules can all lead to accidents that cause serious injuries. These events can lead to severe consequences for the injured, including pain and suffering, time out of work, lost income, medical bills, rehabilitation expenses, and even permanent disability (which carries with it the ongoing expenses of long-term care).
Construction sites are among the most hazardous workplaces in the country, both to workers and others who must visit or pass through them. According to the US Bureau of Labor Statistics, construction is responsible for the greatest number of deaths of any private work sector – about 1,200 in 2007 and 1,000 in 2008 (along with approximately 500,000 nonfatal injuries). Despite improvements in worker safety programs and equipment over the years, construction can still be a treacherous job. This is true regardless of the specific construction sector considered. No matter if it's residential building construction, heavy industrial plant construction, road, bridge, or other civil engineering construction, or the development of a commercial shopping mall, the specialty trade contractors involved (i.e. carpenters, masons, electricians, roofers, pipefitters, plumbers, welders, etc.) all incur risks inherent in their jobs and also can create situations that cause hazards to other workers and the public.
The dangers are real and numerous. In addition to falls from heights (the primary cause of injury) other incidents include building or scaffolding collapses due to structural failure, injuries caused by improper operation of heavy equipment (like back-hoes, front-end loaders, bulldozers, dump trucks, graders, steamrollers, cranes, Bobcats, cherry pickers and excavators), failure to use protective gear, and unauthorized access to restricted areas.
Accidents commonly involve electrocution, burns from explosions or fires caused by gas-powered welding and brazing equipment, cutting tools, elevators, fork lifts, dumpsters, nailguns, punch presses, and air compressors. Some accidents are due to equipment failure – such as defective tools or machines – and others to operator or supervisor negligence, inaction or inappropriate behavior. Failure to properly maintain equipment is another leading cause of liability in construction site accident cases.
A fall from a ladder, a slip from a roof, being struck by a falling object, or cuts and broken bones from power tools can lay up a worker for an extended period of time, and not all construction jobs provide disability compensation. Furthermore, companies often press their workers to do the impossible – to finish jobs in record time, cut corners, and scrimp on or simply ignore expensive and time-consuming safety measures. Tragically, many- if not most- construction site accidents and injuries could have been prevented with proper safety precautions. While the Occupational Safety and Health Administration (OSHA) is tasked with setting and enforcing workplace safety standards, OSHA cannot inspect everywhere, at all times.
To protect workers and the public against falls, for example, all construction sites should be fenced off and equipped with guardrails, fall arrest systems, safety nets, covers, and travel restriction systems – but many are not, despite State & Federal laws. When a worker, visitor or passerby is injured as a result of such risky conditions, liability is incurred. Whether an injury occurs on residential property, commercial property, or an industrial or road construction site, liability may fall to the owner, contractor, subcontractor, state or municipality, depending on a multitude of factors.
If you, a relative or friend has been injured in a construction site incident, it is critical to consult immediately with a trained, experienced personal injury lawyer who specializes in such matters to determine whether you have a solid case for a lawsuit or insurance settlement. Statute of limitations regulations apply, so it’s critical to speak to a qualified personal injury attorney as soon as possible. Also, location photography, witness interviews, and other evidence-gathering steps must be started without delay for your injury claim to have the best chances for success.
At the Law Offices of Sean J. Cleary, we have over 15 years of experience with construction site accident injury cases in Western Massachusetts. With all personal injury cases, we operate on a “no recovery, no fee” (contingency) basis: i.e. we get paid only if we are successful in recovering money damages for you. If you or a loved one has been injured or killed in a construction site accident, call us today and we’ll set up a free, no-obligation introductory consultation at our offices in Amherst, MA. If you have difficulty coming into our office for any reason, just let us know and we'll be happy to come to you. Construction companies, tradesmen, equipment manufacturers, and landowners all have responsibilities to prevent construction site injuries. When they don't live up to these responsibilities, it's our responsibility to get you the compensation you deserve.
Friday, April 23, 2010
Personal Injury Law: Medical Malpractice resulting in Disability or Death - Lawsuits and Out-of-Court Settlements in Western Massachusetts
Over the past century, modern medicine has made many dramatic advances in the curing of illness, treatment of injuries, and management of chronic conditions. Hospitals today are staffed with highly-trained, experienced doctors, nurses and specialists who regularly perform what would in the old days be considered miracles.
Sadly, even with the best of training, facilities and equipment, medical malpractice in the form of errors, omissions, misdiagnoses, failure to interpret tests properly or order medically necessary tests when required can result in wrongful death or injury to patients. Parents, children, brothers, sisters, and all other relatives, friends, and co-workers suffer along with the patient and can be deprived of income, companionship, services, and other benefits they used to receive from their relationship when the damage done by malpractice results in the wrongful death, disability or serious injury to a person. This is of course in addition to the damage suffered by the patient themselves, should they manage to live through the experience.
When this happens to you or a loved one, you need the services of a highly trained and experienced Personal Injury Lawyer who can investigate the circumstances of the events in question, advise you of your rights under the law given the facts of the case, and navigate through the treacherous waters of settlement negotiation and if required, litigation. The law is strict and unforgiving with regards to documentation and statutes of limitations requirements, so if you think you may have a medical malpractice claim for yourself or a family member, it's very important to contact a competent attorney as soon as possible so you don't forfeit your rights.
At the Law Offices of Sean J. Cleary, we work tirelessly for our clients to get them the justice they deserve. Attorney Cleary personally handles or supervises every case. If you want personal service from a local lawyer who has handled Medical Malpractice cases from lawsuits to out-of-court settlements for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation. If you are in the hospital or of limited mobility, we can easily come right to you anywhere in Western Massachusetts.
With all Personal Injury legal cases, there are no costs to you unless we are successful. We only get paid if we provide you with the compensation you deserve, and our contingency rates are modest and customary.
With all the noise now about "Tort Reform" (limiting patients rights when they suffer from medical errors and negligence) as a theoretical way to reduce medical costs to society, remember why they COUNT medical instruments now whenever surgery is performed. It's because once upon a time, they didn't, and one time a medical instrument was left INSIDE a patient after the surgery was done, causing them much suffering. They SUED, and won a substantial settlement. Now, the practice of counting surgical instruments is established as part of the surgeon's canon. The law works the way it does for good reason. In the high-stakes world of medicine, indifference or incompetence can have deadly or permanently debilitating consequences, so the system is set up to both compensate people who suffer from these things and penalize those who engage in them.
At the Law Offices of Sean J. Cleary, we think that this is the law working the way it was fairly designed to. We work with victims of medical malpractice get them the help they need with medical bills, funeral costs, long-term care, and basic living expenses when they can no longer work. We also help widows, orphans, and others left behind recover from the devastating preventable loss of a provider. We seek justice, and work diligently on our clients' behalf to achieve it.
Sadly, even with the best of training, facilities and equipment, medical malpractice in the form of errors, omissions, misdiagnoses, failure to interpret tests properly or order medically necessary tests when required can result in wrongful death or injury to patients. Parents, children, brothers, sisters, and all other relatives, friends, and co-workers suffer along with the patient and can be deprived of income, companionship, services, and other benefits they used to receive from their relationship when the damage done by malpractice results in the wrongful death, disability or serious injury to a person. This is of course in addition to the damage suffered by the patient themselves, should they manage to live through the experience.
When this happens to you or a loved one, you need the services of a highly trained and experienced Personal Injury Lawyer who can investigate the circumstances of the events in question, advise you of your rights under the law given the facts of the case, and navigate through the treacherous waters of settlement negotiation and if required, litigation. The law is strict and unforgiving with regards to documentation and statutes of limitations requirements, so if you think you may have a medical malpractice claim for yourself or a family member, it's very important to contact a competent attorney as soon as possible so you don't forfeit your rights.
At the Law Offices of Sean J. Cleary, we work tirelessly for our clients to get them the justice they deserve. Attorney Cleary personally handles or supervises every case. If you want personal service from a local lawyer who has handled Medical Malpractice cases from lawsuits to out-of-court settlements for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation. If you are in the hospital or of limited mobility, we can easily come right to you anywhere in Western Massachusetts.
With all Personal Injury legal cases, there are no costs to you unless we are successful. We only get paid if we provide you with the compensation you deserve, and our contingency rates are modest and customary.
With all the noise now about "Tort Reform" (limiting patients rights when they suffer from medical errors and negligence) as a theoretical way to reduce medical costs to society, remember why they COUNT medical instruments now whenever surgery is performed. It's because once upon a time, they didn't, and one time a medical instrument was left INSIDE a patient after the surgery was done, causing them much suffering. They SUED, and won a substantial settlement. Now, the practice of counting surgical instruments is established as part of the surgeon's canon. The law works the way it does for good reason. In the high-stakes world of medicine, indifference or incompetence can have deadly or permanently debilitating consequences, so the system is set up to both compensate people who suffer from these things and penalize those who engage in them.
At the Law Offices of Sean J. Cleary, we think that this is the law working the way it was fairly designed to. We work with victims of medical malpractice get them the help they need with medical bills, funeral costs, long-term care, and basic living expenses when they can no longer work. We also help widows, orphans, and others left behind recover from the devastating preventable loss of a provider. We seek justice, and work diligently on our clients' behalf to achieve it.
Thursday, April 22, 2010
Facing Civil Lawsuits as Plaintiff or Defendant in Western Massachusetts
All legal actions except criminal cases are civil actions of some kind. The range of civil cases is vast and includes matters such as disputes between businesses, disputes between homeowners and home improvement contractors, divorces, breach of contract, bankruptcy and all types of personal injury claims
Restraining orders, injunctions to get someone to do something or to stop doing something, consumer protection actions, boundary line disputes between neighbors, and many other conflicts between parties result in lawsuits when the parties cannot work things out on their own and come to an out-of-court settlement.
Civil suits differ widely depending on the issue, but as a rule, with the exception of small-claims court cases, it is critical to have a qualified civil litigation lawyer represent you and to help you prepare your case or defense.
In a civil suit, one party files a written complaint against another party seeking redress, usually in the form of money or for a court order to recover a right or force another party to do something or stop doing something. The parties might be individuals, partnerships, businesses, or nonprofits, and the issues covered are usually matters of "private law" but sometimes can also (or alternately) involve "public law". After a complaint is filed the defendant is given a period of time to file an "answer" which contains their plea in response to the complaint. Once this occurs the "discovery" process begins, which includes witness depositions, document exchange, and written questions called “interrogatories”. Following discovery, the next stages are generally pre-trial motions and conferences, settlement negotiations, and if required, trial and judgment, and then appeals.
The vast majority of civil suits are settled out of court, and some courts require mediation before a case is allowed to go to trial. Despite this, anyone involved in a lawsuit needs to be prepared to face a trial. Settlements are cost-effective and provide for a certain remedy and known costs, so they usually have significant benefits for both parties.
Civil suits are often highly complex, which is why you'll need an experienced attorney’s assistance with your case. Civil cases differ significantly from criminal cases in many ways, yet the same type of legal skills are called for, including the ability to see holes in a witnesses' story, draw connections between relevant facts, and formulate a persuasive argument and present it convincingly to the judge or jury deciding the case.
Two important aspects of civil trials concern “burden of proof” and self-incrimination. Whereas criminal convictions require proof “beyond a reasonable doubt,” the burden of proof for civil cases is merely: “more probable than not”. This obviously is a much less rigorous standard. The scales of justice are an eloquent and evocative example of the meaning of “more probable than not.” In a civil case all the party with the burden of proof is required to do is demonstrate that the scales of justice have tipped ever so slightly in their favor.
There is a third burden of proof that is used in certain specific situations. This burden of proof is known as "clear and convincing evidence". Clear and convincing evidence requires a party to show that it is substantially more probable than not that their version of events is true. The "clear and convincing" standard is rarely applied, but when it is, it's most often used in habeus corpus actions, when a person that is being held in jail claims their rights are being violated.
With regard to self-incrimination, a defendant cannot refuse to testify based on Fifth Amendment protections in civil cases. This can make it easier for a plaintiff to prove his case, as the defendant is subject to criminal perjury charges if he lies under oath, and he won’t be granted the "presumption of innocence" if he refuses to answer the plaintiff’s questions. In a criminal trial, the jury cannot take such a refusal into consideration, but in a civil case they can – and most likely will.
Another important aspect of civil lawsuits is enforcement because just because you win your case, it does not always follow that you will collect what you are due. It's critical that your lawyer has the knowledge and resources to enforce your judgment and take the legal actions necessary to compel its implementation.
If you are involved in a civil lawsuit, either as a plaintiff or a defendant, you want thoughtful, experienced legal representation. At the Law Offices of Sean J. Cleary, we have over 15 years of experience trying civil cases representing both plaintiffs and defendants throughout Western Massachusetts (Hampden, Hampshire, and Franklin Counties). We will strive to ensure that you receive the result you desire, no matter if it's compensation you're due, an action you want taken, or protection from unwarranted demands. We also have experience enforcing judgments and making sure the court's orders are carried out and are tenacious about this aspect of process.
At our local office in downtown Amherst, MA, you will get personal attention to your case, as I will directly handles or closely supervises every case. Call me to arrange a free, no-obligation introductory consultation and evaluation of your case. I will honestly appraise your situation based on the facts presented and tell you how your case might play out, including best-case and worst-case scenarios, chances for success, and legal fees, court costs, and other charges you might incur.
Restraining orders, injunctions to get someone to do something or to stop doing something, consumer protection actions, boundary line disputes between neighbors, and many other conflicts between parties result in lawsuits when the parties cannot work things out on their own and come to an out-of-court settlement.
Civil suits differ widely depending on the issue, but as a rule, with the exception of small-claims court cases, it is critical to have a qualified civil litigation lawyer represent you and to help you prepare your case or defense.
In a civil suit, one party files a written complaint against another party seeking redress, usually in the form of money or for a court order to recover a right or force another party to do something or stop doing something. The parties might be individuals, partnerships, businesses, or nonprofits, and the issues covered are usually matters of "private law" but sometimes can also (or alternately) involve "public law". After a complaint is filed the defendant is given a period of time to file an "answer" which contains their plea in response to the complaint. Once this occurs the "discovery" process begins, which includes witness depositions, document exchange, and written questions called “interrogatories”. Following discovery, the next stages are generally pre-trial motions and conferences, settlement negotiations, and if required, trial and judgment, and then appeals.
The vast majority of civil suits are settled out of court, and some courts require mediation before a case is allowed to go to trial. Despite this, anyone involved in a lawsuit needs to be prepared to face a trial. Settlements are cost-effective and provide for a certain remedy and known costs, so they usually have significant benefits for both parties.
Civil suits are often highly complex, which is why you'll need an experienced attorney’s assistance with your case. Civil cases differ significantly from criminal cases in many ways, yet the same type of legal skills are called for, including the ability to see holes in a witnesses' story, draw connections between relevant facts, and formulate a persuasive argument and present it convincingly to the judge or jury deciding the case.
Two important aspects of civil trials concern “burden of proof” and self-incrimination. Whereas criminal convictions require proof “beyond a reasonable doubt,” the burden of proof for civil cases is merely: “more probable than not”. This obviously is a much less rigorous standard. The scales of justice are an eloquent and evocative example of the meaning of “more probable than not.” In a civil case all the party with the burden of proof is required to do is demonstrate that the scales of justice have tipped ever so slightly in their favor.
There is a third burden of proof that is used in certain specific situations. This burden of proof is known as "clear and convincing evidence". Clear and convincing evidence requires a party to show that it is substantially more probable than not that their version of events is true. The "clear and convincing" standard is rarely applied, but when it is, it's most often used in habeus corpus actions, when a person that is being held in jail claims their rights are being violated.
With regard to self-incrimination, a defendant cannot refuse to testify based on Fifth Amendment protections in civil cases. This can make it easier for a plaintiff to prove his case, as the defendant is subject to criminal perjury charges if he lies under oath, and he won’t be granted the "presumption of innocence" if he refuses to answer the plaintiff’s questions. In a criminal trial, the jury cannot take such a refusal into consideration, but in a civil case they can – and most likely will.
Another important aspect of civil lawsuits is enforcement because just because you win your case, it does not always follow that you will collect what you are due. It's critical that your lawyer has the knowledge and resources to enforce your judgment and take the legal actions necessary to compel its implementation.
If you are involved in a civil lawsuit, either as a plaintiff or a defendant, you want thoughtful, experienced legal representation. At the Law Offices of Sean J. Cleary, we have over 15 years of experience trying civil cases representing both plaintiffs and defendants throughout Western Massachusetts (Hampden, Hampshire, and Franklin Counties). We will strive to ensure that you receive the result you desire, no matter if it's compensation you're due, an action you want taken, or protection from unwarranted demands. We also have experience enforcing judgments and making sure the court's orders are carried out and are tenacious about this aspect of process.
At our local office in downtown Amherst, MA, you will get personal attention to your case, as I will directly handles or closely supervises every case. Call me to arrange a free, no-obligation introductory consultation and evaluation of your case. I will honestly appraise your situation based on the facts presented and tell you how your case might play out, including best-case and worst-case scenarios, chances for success, and legal fees, court costs, and other charges you might incur.
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