Stanzler Levine

Whistleblower Suit of Government Employee

Richard Levine — Sat, 15 Jun 2013 18:42:25 +0000

After making several written and verbal complaints to her supervisors about important safety concerns, the City’s school department terminated a special needs school bus driver. She had complained about the lack of training and staffing on special needs vans, which ultimately led to City personnel and students suffering injuries. The City claimed she was terminated for violating the City’s confidentiality policy. Her complaints were ignored and she was fired. We brought suit under the Massachusetts Whistleblower Statute, Mass. Gen. Law ch.149, § 185. That statute protects government employees who voice concerns about public safety issues.

Result: The case was tried to a jury in Superior Court and after a week long trial, the bus driver was awarded back pay and over $35,000.00 attorneys fees.

Will Dispute – Probate Litigation

Richard Levine — Sat, 15 Jun 2013 14:55:48 +0000

Represented the personal representative, who was the daughter of the decedent in defending against numerous claims and complaints brought by other family member seeking larger portion of the estate. The other family member engaged in various litigation tactics including bringing claims of fraud and embezzlement against the daughter. We litigated these matters in the Bristol County Probate and Family Court and all the claims were settled favorably for our client.

Fiduciary Embezzlement – Probate Litigation

Richard Levine — Thu, 06 Jun 2013 14:55:43 +0000

A duly appointed personal representative of an estate, who was the decedent’s daughter, failed to account for the bulk of her mother’s estate to her siblings who where entitled heirs. Suit was brought in the Suffolk County Probate and Family Court where we were able to force the personal representative to provide a full accounting. A sizable judgment against the personal representative was obtained for the full amount of the money that was stolen plus attorney’s fees was obtained. Through aggressive collection efforts, we were able to seize a substantial part of the stolen funds for the heirs.

Discrimination Disability – Post Traumatic Stress Disorder

Richard Levine — Thu, 30 May 2013 18:39:18 +0000

Emergency Medical Technician was terminated after his employer learned that he suffered from Post Traumatic Stress Disorder from his military service. We brought a complaint before the Massachusetts Commission Against Discrimination (“MCAD”) for discrimination based upon his disability. The employer claimed that the EMT was fired for violation of their patient handling policies. We were able to show that the employer’s reasons for termination were pre-textual, as the alleged wrongdoing by the EMT occurred more than six weeks prior to the termination, and the EMT was fired two days after the employer learned of the PTSD.

Race Discrimination

Richard Levine — Wed, 15 May 2013 18:38:15 +0000

A cable services salesman was harassed by his supervisor after the supervisor learned that the salesman, who is white, was dating an African American woman. The salesman was subjected to humiliating emails and racial slurs from his supervisor. Ultimately the salesman resigned due to the hostile work environment. We brought a complaint before the Federal Equal Employment Opportunity Commission (EEOC). The employer alleged that the salesman quit to get new job. The EEOC supplied a neutral mediator to hear and determine the case.

Result: The matter was settled with the salesman obtaining approximately one years pay.

What You Need to Know About Filing Personal Injury Claims in Massachusetts

Richard Levine — Wed, 27 Mar 2013 13:30:17 +0000

When you are injured in an accident, the pain and stress of dealing with your injury can be overwhelming. But you do not have to go it alone. A personal injury claim can help you receive compensation for medical bills, lost wages, and emotional trauma.

What is a personal injury claim?

A personal injury claim is a civil lawsuit which alleges that your injury was caused by the negligence of another. It is not used for damaged property, or in cases when the defendant had the intent to injure. Most personal injury claims are the result of car accidents, work related accidents, trips and falls, and product malfunction accidents.

What do I need to do?

If you would like to file a personal injury claim, it is highly recommended that you first engage the services of an attorney. An attorney will be well-versed in state law and will research all the pertinent facts of your case. When you are injured it can be difficult to keep track of the legal process, and having an attorney will ease your mind. Note: In Massachusetts you have 3 years from the date of the injury to file a personal injury claim. If you do not file within this time you will lose your right to do so at any time in the future.

How is my personal injury claim decided?

Your attorney must prove the following: duty, negligence, proximate cause, and damages. This means they must use evidence to show that the defendant was obligated to maintain a certain level of conduct towards you (duty), that they failed to maintain that level (negligence), that your injuries were a direct result of that breach of duty (proximate care), and that you suffered real and demonstratable injury (damages). Massachusetts has a comparative negligence law, which means that the defendant can claim that you were also being negligent, and that your negligence caused or contributed to your injuries.

What can I hope to gain?

If a court finds in your favor, there are many factors which affect how much compensation you receive. First the court will consider any measureable costs you incurred as a result of your injury, such as medical bills and lost wages. They will also take into account less concrete aspects of the injury, like emotional pain and suffering. Another factor is loss of amenity, defined as the lifetime detrimental effects of the injuries. For example, if you are an avid tennis player and your injury will prevent you from ever playing again, your attorney will seek compensation for this loss.

While no one hopes to be injured, if you do suffer an accident the most important thing is to seek help. A personal injury attorney will fight for your best interests to ensure you get the compensation you deserve.

Can I make a claim against the homeowner’s insurance?

Richard Levine — Tue, 22 Jan 2013 13:26:48 +0000

Additional Information: I work for a moving company and slipped and fell from the truck while at a customer’s home in North Andover. I suffered injuries to my shoulder and arm. The company doesn’t have worker’s compensation insurance. In fact, I’m not even sure they are registered as an official company in MA, they pay me by the job in cash. What can I do? Can I make a claim against the homeowner’s insurance?

It is possible to make a claim against the homeowner’s insurance, but first you must exhaust your rights against your employer. The fact that they do not have the insurance does not mean that they are not liable. You can still bring a claim before the Department of Industrial Accidents. They will award a judgment and enforce it against the company. Further, under Mass. Gen. Laws ch. 152 sec.66, you can sue the company for pain and suffering in addition. Finding and identifying the employer will be the main challenge. If the employer is not an official “company” then the owner of the company is personally liable for all of your injuries and he can be sued individually.

Do I have a premises liability case?

Richard Levine — Fri, 11 Jan 2013 13:25:45 +0000

Additional Information: I live in an apartment building in Salem. I slipped and fell on the shared back porch and broke my right wrist. One of our neighbors’ trash bags leaked and I slipped on some grease. Medical expenses exceed $5000 which includes my deductible and co-pays and I’ve lost wages at work. Do I have a premises liability case against the landlord or personal injury case against the other tenant?

Your best course of action would be an action against the landlord as he is most likely to have insurance that would cover the claim. The issue is how long was the grease on the porch? Did the landlord have sufficient time to take any action to clean the grease? If the grease appeared the same day that you had your accident, it would be difficult to hold the landlord liable.

Was involved in a auto accident, daughter and I suffer from injuries.

Richard Levine — Tue, 28 Aug 2012 15:37:47 +0000

Additional Information:

My daughter and I were involved in an auto accident with a delivery truck. As a result of the accident, my daughter had a concussion, broke her arm, 6 ribs, and is now having post traumatic stress. I suffered a concussion and am having debilitating migraines and am being monitored by a neurologist. I’ve had to take an unpaid leave from my job. We make 3-5 trips per week to Boston to follow up with doctors and therapists from our home in Haverill. It’s been emotional and financially a burden. What should I think about when I choose a personal injury attorney to hire for this auto accident?

ATTORNEY ANSWER:

When choosing a personal injury attorney to hire for this auto accident you should ensure that your attorney has the experience to get you the compensation you deserve for your troubles. In addition to securing funds to pay for your medical bills, your attorney should have the experience necessary to argue successfully for your right to just compensation for both your physical, emotional and financial burdens sustained in this accident. In a case as complex as this there really is no substitute for an experienced lawyer.

Our Haverill Auto Accident Lawyers at our firm handle auto accident claims to victims in Haverill and throughout the Boston Metrowest area including the communities of Braintree, Brighton, Brookline, Burlington, Cambridge, Dedham, Dorchester, Everett, Framingham, Mattapan, Medford, Melrose, Methuen, Milton, Quincy, Waltham, Weymouth, and Woburn.

Was rear ended in an auto accident and have a resulting long term injury.

Richard Levine — Tue, 21 Aug 2012 15:33:04 +0000

Additional Information:

I was driving home from work on Route 93 in Methuen and was rear-ended. As a result of the accident my doctor has said I have 25% permanent partial loss of function of lumbar spine. What can I expect when I hire a personal injury or car accident lawyer?

ATTORNEY ANSWER:

Upon hiring a personal injury lawyer you can be certain that they will work to achieve reasonable compensation for you for your injuries. Specifically, the lawyer will work with both your insurer and the other driver’s insurer to pay your medical bills and also to compensate you for your permanent damage. Most of the work will be handled directly by your lawyer with only minimal input required from you.

The Metheun Auto Accident Attorneys at our firm provide legal representation to victims of auto and car accidents in Metheun and throughout the Greater Boston area including the communities of Braintree, Brighton, Brookline, Burlington, Cambridge, Dedham, Dorchester, Everett, Framingham, Mattapan, Medford, Melrose, Milton, Quincy, Waltham, Weymouth, and Woburn.