Boston Injury Lawyer Blog

In a Massachusetts legal malpractice post verdict ruling that was decided by Superior Court Judge John C. Cratsley of the Suffolk Superior Court held that a verdict of $81,250 against Attorney Dane M. Shulman would not be reduced by the one third contingent fee notwithstanding the fact that had Attorney Shulman won the underlying case, the client would have had the reduction because of the fee agreement.

In this case, Rodrigo Cintra, a pedestrian at work, was injured when he was struck by a vehicle driven by someone on his cell phone, not paying attention. Mr. Cintra was seriously injured. He hired attorney Shulman who filed suit but neglected to serve the defendant. He neglected to rectify the failure to serve, and Mr. Cintra lost his rights to a trial. Wherefore, he retained a Massachusetts legal malpractice lawyer.

Continue reading "Massachusetts Legal Malpractice Contingent Fee Offset" »

When Boston attorneyThomas Kiley decided he was no longer interested in representing a plaintiff in a medical malpractice case he left the client, an alleged victim of medical malpractice and unskilled in the law, without a lawyer, facing the opposing aggressive malpractice attorney. The client could not find another lawyer and made several critical mistakes while trying to navigate his civil case through the courts. The case before the Supreme Judicial Court centered on who had the obligation to keep the client; the attorney or his former law firm. The trial court ruled that Attorney Thomas Kiley had to keep the case. This might seem fair to the client, however, the issue effects small law firms which takes a big case on contingent fee, and then the lawyer with the knowledge, time and skill for that case leaves. That firm may not have the ability, capacity or financing to continue with the case. The named partner certainly should not be ordered to represent the plaintiff. On the other hand, the Supreme Judicial Court said, the firm entered into the agreement with the client, so the firm, not a particular attorney, must continue to represent the client .

Continue reading "Massachusetts Lawyer Cannot Withdraw From Case" »

Car seats save lives, according to the National Highway Transportation Safety Administration. In a Raynham collision between a sedan and a pick up truck that killed the driver of the sedan, a two year old passenger survived because she was in a car seat, according to the Raynham Fire Department. The accident, which happened on South Main Street in Raynham, resulted in the wrongful death of the child's mother.

Motor vehicle crashes are the leading cause of death for children. Thus, the NHTSA implores parents and car providers to use car seats for children; selecting ones that are appropriate for the size, height and weight of the child; to use them for as long as possible; and to keep all children in the back until at least age 13. In Massachusetts, the law is that all children under seven must be in a car seat; and all children 8 to 12, or until they are taller than 57 inches, must wear a safety belt. Those 13 or over are adults, and must also wear a safety belt.

Continue reading "Child Safety Seats Saves Lives in Massachusetts" »