PRACTICE AREAS
PERSONAL INJURY & PROPERTY DAMAGE
In general, a personal injury claim arises when you suffer some type of injury or damage as a result of the negligent acts of another person or entity. The most common types of personal injury claims arise out of car accidents, trips and falls, slips and falls on ice and/or snow, injury from a defective product, and more. In order to prevail on a personal injury claim in court, you (the “Plaintiff”) need to prove that the wrongdoer (the “Defendant”) was negligent. In order to prove negligence, you must show that the Defendant owed you a duty of care, breached that duty of care in some way, and that breach caused you damages which would not have occurred otherwise. The laws in Massachusetts aim to make a Plaintiff whole again by compensating the Plaintiff for proven and not speculative damages. In some cases, punitive damages may also be allowed under the law as a punishment against the defendant for certain levels of negligence. A Plaintiff can also seek compensation for property damages sustained as a result of the Defendant’s negligence, even if the Plaintiff did not suffer any bodily injury.
EMPLOYMENT & WRONGFUL TERMINATION
In Massachusetts, employment is considered to be at-will unless otherwise protected in an employment contract. Generally that means that an employer can terminate an employee, and an employee can leave an employer, at any time and for any reason. However, an employer can never terminate an employee for a reason that is discriminatory. In some employment relationships, there is a valid contract between the employee and employer that defines the relationship and provides certain rights and duties for both sides. If an employee feels that the employment contract has been breached by the employer in some way, or that he/she/they was wrongfully terminated under the contract, the employee may have a legal claim against the employer for damages.
DISCRIMINATION
& HARASSMENT
Under both Massachusetts and Federal laws, individuals have a right to be free from discrimination and harassment. Discrimination and harassment may occur at a person’s place of employment, in school, or at a place of public accommodation. Harassment may be so severe that it leads to a hostile work environment, occasionally forcing a person to leave their employer in order to escape the harassment. People who are members of certain protected classes under the law have a right to be free of discrimination and harassment based on their membership in that class.
CIVIL RIGHTS VIOLATIONS
Everyone is afforded certain rights under both the United States Constitution and the Massachusetts Civil Rights Act. Your civil rights may have been violated if you have been the victim of threats, intimidation or coercion based upon the following categories: race, color, national origin, religion, age, ancestry, gender, gender identity, sexual orientation, or disability. You also have the right to be free from civil rights violations based upon your participation in a protected activity, such as the right to vote, etc. People are afforded civil rights protections in their employment, housing, education, and areas of public accommodation. Some examples of civil rights violations include but are not limited to the use of excessive force by the police, failure to be hired and/or promoted based on being a member of a protected class, and denial of housing based on being a member of a protected class.
BREACH OF CONTRACT
Someone may also have a legal right to be compensated for damages sustained when another party breaches a legally enforceable, written contract between them. Some examples of contracts include service contracts (such as construction work), contracts for the sale of goods, leases, and employment contracts.