Personal Injury

Experienced Boston Personal Injury Lawyers

A century of experience helping the injured in Massachusetts

We often take our physical and mental well-being for granted – until something goes wrong. A serious injury can change the entire trajectory of your life. The Boston personal injury lawyers at Breakstone, White & Gluck, P.C. represent individuals and their families who have been seriously injured or killed because of the negligence, carelessness, or recklessness of others.

Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills, and stress placed upon families and loved ones. We are here to ease that stress by taking on the insurance companies and negligent parties, so you can focus on your family and your future. We’re proud to help clients throughout Massachusetts. Call us in Boston today to get started.

What is a serious personal injury?

Every injury is serious to the person who sustained it, and the family who must adapt to it. Luckily, most injuries will heal over time, and the folks affected will eventually get back to the lives they were leading.

When we say “serious personal injury,” we mean the types of injuries that do not ever truly heal. These are injuries that leave people unable to walk, talk, and care for themselves, let alone work to help support a household. They place tremendous financial and emotional burdens on the survivors as well as their loved ones. Breakstone, White & Gluck represents people who have suffered these types of injuries, such as:

Our Boston personal injury lawyers fight for people whose lives have been permanently changed because of an act of negligence or reckless behavior, defective products, and willful misconduct. An unsafe work zone, a negligent doctor, a distracted driver – anyone or any entity whose actions or inactions result in your harm and losses – may be liable. Our job is to show how and why they are.

 

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Why childhood injuries and nursing home negligence can be life-altering

Though anyone can sustain life-altering injuries because of negligence, certain people are more vulnerable than others. Children and the elderly are far more likely to suffer catastrophic injuries from accidents, especially those involving falls. The reasons, however, are totally different.

  • For children, an injury of any kind can have cumulative effects. Trauma to the brain, head trauma, or oxygen deprivation, for example, can lead to long-term cognitive and developmental disabilities. Broken bones can affect their physical growth, and organ damage can leave your child in need of a transplant. Childhood trauma resulting from bicycle accidents is so common that our firm launched Project KidSafe almost a decade ago, to help protect kids in Boston and throughout the state.
  • For the elderly, the risks are twofold: not only do our bodies become more brittle with age, but there are additional risks when it comes to medical treatment, such as surgery requiring anesthesia. This is why nursing home abuse and negligence is so insidious: they very people tasked with caring for our vulnerable family members are the ones who increase their risk of pain, suffering, and even fatal injuries.

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Can you help after a Boston car, truck, or motorcycle accident?

In 2020, a year that had fewer vehicles on the road than almost any other year in recent history, there were a significant number of vehicle accidents in Massachusetts. That year, 336 people died and 2,354 people sustained serious injuries. Another 405 pedestrians and cyclists suffered serious and fatal injuries, too.

If you or your loved one is injured in a motor vehicle accident, you deserve a team who will fight for your future. We represent clients who suffered losses in:

At Breakstone, White & Gluck, we understand that when an accident happens, lives are forever changed. Simple pleasures become chores. Daily routines are disrupted. Economic losses are often devastating. Our Boston vehicle accident lawyers provide effective, aggressive investigation and representation, which allows our injured clients to attend to personal matters in the hopes of moving on.

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Katelyn Ludwig

"I knew that Ron had my best interests at heart, and that I could trust him to help me make the right decision."

Can you help if I was hurt on someone else’s property?

There are some “problem properties” in Boston – enough that the City keeps a running tally of them. While you can certainly be injured on a problem property, you are far more likely to sustain injuries in the places you travel every day – at work, at a business property, and in work zone areas. Our Boston premises liability attorneys can help if you or your loved one sustained injuries and losses because of:

  • Construction site accidents. Every year thousands of people are injured or killed at work at construction sites. Heavy machinery, high voltages, powerful equipment, falls and falling objects can lead to devastating bodily injury and sometimes wrongful death.
  • Dog bites and animal attacks. Dog bites are physically and often emotionally scarring. Fortunately, Massachusetts has the strictest dog bite statute: an owner or keeper of the dog is strictly liable for injuries caused by their dog with very few exceptions.
  • Falls. Falls from heights can lead to catastrophic injuries, but any fall can pose a risk – especially to children and the elderly. A fall can shatter bones, cause traumatic brain injuries, and lead to spine or spinal cord trauma, depending on the circumstances.

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Do you take cases involving defective products?

If you’ve ever purchased a product from an infomercial on television, you probably assumed you were taking a gamble. Would the pasta really cook? Would your storage container tops really stay put? Would that rag really absorb all that water?

But what if you suffered a serious injury from one of those products – or from any other product, device, or machine you used during the course of your day? This is what product liability claims are all about: holding manufacturers, retailers, and designers accountable when you suffer harm because their products are dangerous. Our Boston defective product lawyers represent people who have suffered catastrophic harm because of defective vehicle parts, unsafe power tools, defective appliances, and other dangerous items. Whether you suffered irreparably harm because of a dangerous medical implant or device, were hurt by an exploding battery, or sustained injuries because of a failure to warn about risks, Breakstone, White & Gluck wants to help.

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How does a Boston personal injury lawsuit work?

In Massachusetts, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). The Boston personal injury lawyers of Breakstone, White & Gluck file these types of lawsuits and claims on behalf of injured clients.

In most personal injury cases, there are four basic elements that must be proven for the plaintiff to win:

  1. The element of negligence, which generally means the failure of a person to use reasonable care.
  2. A breach of that duty, such as the failure to use reasonable care.
  3. The element of causation, meaning the negligent act or omission must cause some sort of injury.
  4. The sustaining of damages, or the losses you suffer because of the negligence of a defendant

Some of the key principles of personal injury law are as follows:

Negligence is the failure to use reasonable care. Negligence is present when an individual’s careless act or failure to act has caused injury. While the act may be unintentional, the defendant may still be liable for damages. There is often liability insurance for acts of negligence, provided by the auto insurance, the homeowner's insurance, or another general liability insurance policy.

Strict liability generally applies to product liability, which are claims filed against manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. Liability insurance is often available to compensate victims who suffer personal injury as a result of the strict liability of the responsible party.

Intentional or reckless misconduct is the malicious or intentional infliction of harm that results in an injury or death. If the misconduct results in death, the family of the victim may recover punitive damages under some circumstances.

Comparative negligence may arise when the actions of the injured person have contributed to his or her own harm. If the plaintiff is comparatively negligent, that will reduce the amount of the award. The negligence is divided between the injured party and the defendant, and the damages are reduced accordingly.

Damages are awarded to victims who have suffered personal injuries or wrongful death because of the misconduct of another individual or business. In Massachusetts, damages are awarded for special damages, including medical bills and lost earnings, for scarring and disability, for loss of enjoyment of life, for loss of consortium, and for pain and suffering. Punitive damages may be awarded in some wrongful death cases.

Personal injury and wrongful death cases are technical and can be complex. The lawyers at Breakstone, White & Gluck have experience before administrative boards, trial courts and appellate courts, and have prevailed on claims for the most serious personal injuries.

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Do I have to go to trial?

This is a complicated question, because “going to trial” doesn’t always work the way it does on TV. The short answer is “No, you don’t have to go to trial.” We are skilled and zealous negotiators who have successfully obtained substantial settlements on behalf of our Boston injury clients. If a trial is not in your best interest, we won’t push you toward one.

However, there may be times when litigation is your best possible option. Maybe the insurance company is playing hardball and they won’t offer a fair settlement. Maybe there are multiple liable parties involved, and determining fault is proving a challenge. Maybe the injuries you suffered were caused by such an egregious act of negligence or recklessness that you want to ensure NO ONE ever suffers like this again. In these cases, going to trial may be the best option for you.

We will say this: personal injury and wrongful death cases are always emotional. While you are upset or grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter any settlement, sign any release, or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.

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Who will handle my personal injury case?

When you choose Breakstone, White & Gluck, you always work with a named partner in our firm. We are incredibly selective about the cases we take because it is important to us that we have the time and resources to devote to our clients. You get the “partner treatment” here, and there may be times when all of us consult on your case. Each one our attorneys brings a different perspective to the practice of law, and we believe that our clients benefit from our experiences.

How much compensation can I get from a Boston personal injury lawsuit?

Again, it depends. You can seek certain types of damages when you file a personal injury lawsuit in Boston. There are economic damages (monetary losses associated with your claim) and non-economic damages (losses for which there are no receipts, so to speak). These damages may include:

  • All medical expenses, including costs of care, medications, therapies, transportation costs, and more
  • Lost wages (for the injury victim and/or caretakers) and loss of future earning potential
  • Property damage (like a totaled car) and costs for home remodeling (like outing in wheelchair ramps)
  • Emotional and mental trauma, including anxiety and depression stemming from the incident of the injury
  • Physical pain and suffering
  • Loss of Consortium (a spouse’s or child’s loss of the companionship, help, and affection of a person who has died)

In some cases, you may be entitled to punitive damages, which are designed to punish a wrongdoer.

Physical and emotional injuries in these cases may come in all varieties. Breakstone, White & Gluck can help you decide your best course of action and can develop the best legal strategy for demonstrating your claim.

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Can I afford a Boston personal injury lawyer?

Yes, you can. All of our Boston personal injury lawyers work on contingency, which means you pay nothing out of pocket for our services. Even the initial consultation is free. It is only after we obtain a successful verdict or settlement that we collect our fees and costs from your total award. We can do this for our clients because we have the resources to take on your case, and the experience to know how your case is likely to proceed.

And in case you were wondering, personal injury awards are tax-free at the federal AND state level. Our Case Reports page describes many of the cases we have successfully handled on behalf of our clients.

How long do I have to file a personal injury lawsuit in Boston?

Because there is a Statute of Limitations for personal injury cases, you only have a limited time frame in which to file your case. Generally, that time frame is three years – but you may not have that long, depending on the circumstances of your injuries. If you feel you have a personal injury or wrongful death case, it is vital that you act immediately to protect your rights.

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Do you have a personal injury lawyer near me?

Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Pemberton Square, within walking distance of the John Adams Courthouse and Suffolk County Superior Court. There’s a parking garage nearby, and a bus stop almost directly in front of our office. If your injuries leave you unable to travel, we can arrange a phone or video conference, or visit you in a hospital or rehabilitation center.

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Center Plaza

Boston personal injury attorneys on your side

Living with the effects of a serious injury can lead to a lot of challenges. Choosing the right lawyer for your needs shouldn’t be one of them. If you’re ready to get started on a better path forward, Breakstone, White & Gluck is ready to fight for your future. Please call us or use our contact form. Get your free legal consultation today with Breakstone, White & Gluck.

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