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Compensation for a Catastrophic Injury or Wrongful Death – Ross Greenstein
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When a death is attributable to the willful or negligent act of another, family members or beneficiaries of the deceased victim can bring wrongful death lawsuits. The team at Swartz & Swartz P.C. are very experienced in handling these unfortunate cases, but we work hard to get retribution and some form of closure for the families effected by the dead. The circumstances leading to wrongful death are numerous and varied, and can include:
car, aircraft and other transportation accidents;
medical malpractice involving negligent medical care and treatment by doctors and hospitals;
gas and electrical explosions or fires;
construction and workplace accidents;
nursing home abuse;
product liability involving defective consumer or commercial products;
and more…
Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights.
Wrongful death lawyer
A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.
If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
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Top Rated Wrongful Death Lawyers in Boston
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If you’ve lost a loved one due to someone else’s bad behaviour, turn to SwartzLaw Firm for help. Swartz & Swartz, P.C. wrongful death lawyer Boston, with over 40 years of experience we know how to help victims like you recover the compensation you need to move forward.
Contact Detail of Swartz & Swartz, P.C.
Address: 10 Marshall St, Boston, MA 02108 Phone: (617) 742-1900 Fax: (617) 367-7193 Email: [email protected] Website: https://swartzlaw.com/
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Medical malpractice – The breach of standard of care – Laura Daly
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Medical malpractice errors are responsible for thousands of deaths and injuries each year. Although healthcare providers have access to more medical devices, diagnostic tests and drugs than ever before, there remains a high rate of medical malpractice around the country, affecting thousands of unsuspecting patients who place their trust in their doctors, nurses, and hospitals.
Medical malpractice can occur in any environment where a doctor, nurse, or healthcare provider provides treatment to a patient. It can occur in a doctor’s private office or in the operating room at a hospital.
Medical malpractice cases are unique and require a sophisticated team of educated and proven professionals. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to medical malpractice cases. We work closely with some of the most knowledgeable and renowned medical experts in the country, and have a proven track record of successful recoveries on behalf of victims of medical negligence.
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Negligence in personal injury cases – David Faraci
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Negligence can come in to play in a various situations ranging from construction site injury, security litigation, catastrophic injury and even wrongful death. Negligence in construction site cases Many construction injuries are the result of management’s failure to maintain a safe jobsite. Some of these injuries are the result of defective equipment. Other injuries are the result of carelessness or negligence on the part of a general contractor or subcontractor, by failing to properly inspect the jobsite, failing to provide safe machinery or tools, or failing to provide workers with adequate fall protection equipment.
Negligence in catastrophic injury cases A catastrophic injury is one that causes irreparable damage to major areas of the body, such as the spine, spinal cord or brain, as well as other vital parts of the body. Such injuries leave victims with lifetime disabilities, putting stress on family and loved ones who often need to provide financial, physical and emotional assistance to their loved one throughout his or her lifetime.
Negligence in wrongful death cases Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights. Contact a Boston injury lawyer at Swartz & Swartz, P.C. today for more information and advice.
A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.
Personal injury lawyer
It is important to work with an experienced attorney that has experience in dealing with a potential personal injury lawsuit or even an employment litigation case. If you have any questions about what potential punitive damages you can receive in your particular case, we have the team here  to help. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to personal injury and employment litigation cases. We work closely with some of the most knowledgeable and renowned experts in the country, and have a proven track record of successful recoveries on behalf of victims of negligence and discrimination.
If you or a loved one has been the victim of personal injury or wrongful death and would like to speak with an experience attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.
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What does medical malpractice mean?
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Medical professionals such as doctors, nurses, and other clinical staff have a duty of care to serve patients to the best of their ability and within the standards of care for their practice. Medical negligence is one of the leading causes of death in the United States, just behind heart disease and cancer.
Medical malpractice is defined as a violation of a standard of care or negligence, or proof of significant damages because of medical negligence. Actions of negligence or omissions in care that cause death or injury to a patient can include errors in diagnosis, treatment, aftercare, or other health management details. The standard of care for medical providers is defined as what a provider did, or failed to do, that falls below the level of medial care that is expected and required for that specialty in that fatal scenario.
Given there is a wide variety of medical procedures, specialties, and variations from provider to provider, medical malpractice can take on many forms. Common medical malpractice claims include:
Failure to diagnose or a misdiagnosis
Unnecessary surgery
Surgical errors
Improper medication dosages or prescriptions
Early release from a facility
Neglecting relevant aspects of patients’ history
Failure to coordinate care or recognize symptoms
When is some a victim of medical malpractice?
Experiencing a bad medical outcome does not automatically equate to proof of medical negligence. A claim of malpractice exists when a provider’s negligence or a breach in the duty of care results in injury to the patient. Additionally, there must be a doctor-patient relationship or a health care provider-patient relationship, in order for a duty of care to arise for a healthcare provider or hospital.
What is the medical duty of care?
The Medical Duty of Care is essentially a legal metric that is used to measure whether the healthcare provider’s actions are consistent with established, required treatment options in the medical community. This metric assesses the legal culpability of their actions based on what competent and careful providers would have done in a similar scenario. In the legal landscape, medical experts must be consulted to shed light on how care should have been improved. This expert will have the education and specialized knowledge to provide strong support for grievances offered.
What is medical negligence?
Medical negligence is not an intent to harm, but rather an act of carelessness. This negligence must occur after establishing a healthcare provider/patient relationship. Additionally, the negligent breach must be shown to fall below the applicable standard of care. Finally, the negligence has to result in injury or damages. Thus, any failure to meet the medical standard of care that results in harm to the patient could constitute medical negligence.
How does it differ from medical malpractice?
The term “malpractice” is often used interchangeable with ‘negligence’.
An example of medical malpractice might include ignoring a small spot on an X-ray or MRI that later turns into a later-stage form of cancer. The progression of cancer may result in high-cost surgeries or treatments that could have been mitigated with earlier treatment.
To have a medical malpractice case, it must be shown that the provider provided negligent care, resulting in harm to the patient.
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Wrongful Death Attorneys in Boston, MA
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It’s never easy to discuss legal rights when someone close has passed away unexpectedly in serious accident. But, even in the most difficult times, it is my job as your lawyer to provide information that would allow you to make important decisions. This is especially important when the family loses a relative in work or vehicle incident. Wrongful death cases can be filed to provide financial support for certain survivors who depended on the loved one that passed away.If your family has experienced such a tragedy, please contact us.If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
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We can you help with your catastrophic injury case – Ross Greenstein
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Personal injury claims in general involve allegations that the negligence of another person caused an injured party’s injuries, and that as a result, some form of some form of monetary compensation should be paid. When the injuries are so extensive as to be significantly life-altering, they are categorized as catastrophic.
Such compensation is paid to the victim by whoever is at fault, that is, the individual legally responsible for the accident. In many instances – whether a motor vehicle, workplace, or recreational activity accident – the responsible party’s liability insurance company will be directly involved in the legal process, hiring its own investigators and attorneys, with the goal of defending claims brought against its insured.
Before such damages can be sought, an in-depth investigation must be pursued, to answer some critical questions, such as: the nature and cause of the injury; the effect of the injury on a victim’s work, lifestyle, and daily activities; and the effect on physical and emotional well-being. Damages recoverable for personal injuries are typically classified as compensatory.
Some compensatory damages can be specifically quantified based on accrued or expected costs incurred, while others, such as pain and suffering or loss of enjoyment of life, are less easily determined.
Catastrophic Injury Lawyer
Recovery from catastrophic injuries can take significant time, even years, and even then, recovery likely will be incomplete. When a full recovery will not be possible, the injured person will enter into a physical therapy and rehabilitation program to learn how to maximize independence and functioning.
If you or a loved one has suffered a catastrophic injury due to someone else’s negligence such as a serious burn injury, brain injury, spinal cord damage or paralysis, or loss of a limb resulting in permanent disabilities, contact the law office of Swartz & Swartz, P.C. in Boston, Massachusetts.
If you want to speak directly with one of our catastrophic injury attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
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When do I need a personal injury lawyer?
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If you’re wondering if you need a personal injury lawyer, read on. We’ll explain when to seek counsel as well as the benefits of doing so.
In the event you suffer injury, you may need to hire a lawyer to represent you for a claim. Injury to a person can include a wide variety of injuries, including bodily, mental, and emotional injuries. A personal injury claim is a legal action that an injured person brings against the person or persons who are believed to have caused some form of harm. By legal definition, “personal injury” is an injury that happens to a person as opposed to property.
These claims are often filed after a civil wrong unfairly leads to loss or harm to an individual. Pursuant to these laws, called “tort” laws, the injured person can claim compensation for past and anticipated costs, such as medical bills, medical disability, and otherwise diminished quality of life, among many other things. By definition, personal injury claims cannot include a claim for harm to personal or commercial property.
Examples of personal injury
Vehicular accidents
Injury involving motor vehicles often means the driver or passenger is entitled to compensation from the responsible person or entity, particularly for injuries that result in expenses such as medical and therapy bills or loss of income from the accident. Personal injury claims can also include pedestrians, cyclists, and other non-motorized vehicles.
Workplace accidents
Accidents that occur during work hours that result in physical harm often result in the employer paying medical expenses. Consulting a legal professional is critical to help ensure that your rights will be protected and you will receive compensation.
Medical malpractice
In instances where a medical practitioner has been negligent or careless, resulting in injury to a patient, their actions may give rise to a medical malpractice personal injury claim. There are different types of medical malpractice, including misdiagnosis, improper treatment, errors during surgery, and mistakes with medication.
Do I need a personal injury lawyer?
With the complexity of personal injury claims in mind, it is extremely important to have legal guidance from a personal injury lawyer. It is not uncommon to need expert assistance, especially if your life has been altered significantly due to personal injury. A personal injury lawyer will represent your interests as they relate to settlement decisions with the at-fault individual and/or their insurance company.
Furthermore, it is important to initiate a personal injury claim sooner rather than later as there may be statutory requirements and deadlines associated with giving notice to the at-fault parties, and filing a claim in court. Seeking legal counsel as soon as possible also ensures your lawyer will have enough lead time to properly investigate and research the plaintiff case.
If you are still unsure whether you should consult a personal injury lawyer, the following considerations may help answer whether you should seek their counsel.
You experience severe injury and injuries
Insurance companies often consider the severity of your injury, the cost of medical bills, and the overall length of recovery to assess the amount of compensation you are entitled to. Thus, the amount of compensation you receive will depend in large part on the severity of your injury or injuries, and the length of recovery.
The insurance company will be limited in the amount of compensation it can offer, based on the applicable policy limits. Hiring a personal injury lawyer can help in the pursuit of adequate compensation that is proportional to the impact of the injury. Click Here To Read The Full Post 
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Swartz & Swartz - Wrongful Death Lawyers in Boston, Massachusetts
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Nothing can prepare a family for the loss of a loved one, especially when that loss was caused by another’s negligence and could have been prevented.The wrongful death attorney in Boston  at Swartz & Swartz, P.C. are dedicated to helping families through the grieving process while pursuing the financial security you need to move forward. If a family member died due to the carelessness of another, you may be able to recover compensation through a wrongful death lawsuit. Please call us at 617-742-1900 or contact us online to arrange your free consultation.
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Swartz & Swartz,P.C. - Why Hire a Personal Injury Lawyer
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After an accident, you need to concentrate on getting better. However, you’ll also need to work on getting compensation. This means filling the necessary claims paperwork and following up with your insurance company or that of the party responsible for your personal injuries. When you hire a lawyer to work on your case, you’ll have time to focus on your recovery and loved ones.  As the case progresses, you may want to file a lawsuit if the other person or party does not seem keen on offering a fair compensation. Filing a lawsuit involves visiting different offices to fill out some paperwork. When you are injured, doing all the legwork of filing a lawsuit can be quite daunting. For this reason, you may want to hire a lawyer to help you. Your Personal Injury Lawyers Boston can do the legwork of getting the paperwork, meeting with the attorneys of the party responsible for your injuries, and filing a legal lawsuit on your behalf. Contact us at: 617-742-1900 today Now!!
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Sexual Harassment in the Workplace – Laura Daly
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Sexual harassment of any kind is never acceptable in the workplace and it is also unlawful. Sexual harassment can be physical but can also included unwanted sexual advances, verbal comments as well as requests for sexual favors. The statute of limitations for a sexual harassment in Massachusetts is 3 years. This means that a personal filing suit in federal or state court must file suit within 3 years of the incident.
All claims must be brought be brought before the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the last alleged incident. These are important deadlines to remember and the team at Swartz and Swartz can guide you every step of the way.
Sexual Harassment Lawyer
If you have been adversely affected due to an incident involving sexual harassment, please contact us. We are here to answer your questions and discuss how you can protect your legal rights. To arrange a confidential appointment with one of the sexual harassment litigators in our Boston office please call us at (617) 742-1900.
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What You Should Know About Wrongful Death Cases – Ross Greenstein
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When a death is attributable to the willful or negligent act of another, family members or beneficiaries of the deceased victim can bring wrongful death lawsuits. The team at Swartz & Swartz P.C. are very experienced in handling these unfortunate cases, but we work hard to get retribution and some form of closure for the families effected by the dead. The circumstances leading to wrongful death are numerous and varied, and can include:
car, aircraft and other transportation accidents;
medical malpractice involving negligent medical care and treatment by doctors and hospitals;
gas and electrical explosions or fires;
construction and workplace accidents;
nursing home abuse;
product liability involving defective consumer or commercial products;
and more…
Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights.
Wrongful Death Lawyer
A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.
If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
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Questions You Should Always Ask Before Hiring a Personal Injury Lawyer
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Are you interviewing various personal injury attorneys? Here are some questions you should always ask before hiring a personal injury lawyer. In the event you suffer a form of injury, you should hire a lawyer to represent you for a personal injury claim. A personal injury claim is a legal action that an injured person brings against the person or persons who are believed to have caused some form of harm.
There is a wide variety of injuries and subsequently, a variety of specializations in the world of litigation. Due to the complexity of personal injury law, securing compensation for injury and other losses after a serious accident can be difficult without legal assistance. Fortunately, personal injury lawyers are trained in and experienced with the various forms of personal injury litigation and can be critical to achieving a just result. In order to find the right personal injury lawyer, there are important questions you should ask.
Are they a good fit?
Your lawyer is someone you will be working closely with. Therefore, it is important that you feel comfortable with them and feel that you can trust their advice. Interviewing more than one attorney before your decision can help you decide who is best for the job.
Who is handling my case?
Depending on the firm, the partner handling the case may vary from the initial point of contact. Finding out who is responsible for your case is helpful to understand their level of experience and also gives you a point of contact to ask questions about your case.
What is the cost of doing business?
Oftentimes, personal injury lawyers work on a contingency basis, meaning there will be no fee unless you recover money through your personal injury claim. Typically if you recover money damages, the lawyers’ fee ranges between 25 and 40 percent of the gross award.
Asking about their fees before engaging in an attorney-client relationship is important, as is ensuring that the fee agreement is explain, and is in writing. Additionally, make sure you know the quality and the qualifications of the lawyer handling the lawsuit.
What about case-related expenses?
Lawyers charge for case-related costs prior to the settlement. Make sure to ask your prospective lawyer who will be responsible for “out-of-pocket” expenses if your lawsuit does not result in a favorable outcome.
What is my case worth?
Your lawyer should have knowledge of how different factors may impact a settlement, such as preexisting medical issues or strength of liability. An experienced and thoughtful lawyer will have a good idea of case value, while also explaining how facts learned during the lawsuit will impact the ultimate outcome.
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Boston Wrongful Death Attorneys For Wrongful Death Cases
The circumstances leading to wrongful death are numerous and varied, and can include:
Car, aircraft and other transportation accidents;
Medical malpractice involving negligent medical care and treatment by doctors and hospitals;
Gas and electrical explosions or fires;
Construction and workplace accidents;
Nursing home abuse;
Product liability involving defective consumer or commercial products;
and more…
Wrongful death causes are often complex and result in significant damages. If a loved one in your family has been killed as a result of third-party negligence or wrongful acts, you need to get legal help to manage your case and understand your rights.
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A Massachusetts lawyer at Swartz & Swartz, P.C. will ensure that your family’s rights are protected if you have lost a loved one due to the negligence of others. If your family has experienced such a tragedy, please contact us.If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.
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Punitive Damages in a Personal Injury Case – David Faraci
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Often times personal injury cases have settlements or awards that are given to the plaintiff, after there have been findings of wrongdoing by the defendant. However, there can additional punishments that are handed down towards the defendant if they plaintiff can provide convincing and clear evidence of neglect or malice by the defendant.
Punitive damages are rare in the state of Massachusetts but can still be applied if the plaintiff has strong evidence.The plaintiff would need to prove “malicious, willful, wanton or reckless conduct… or gross negligence” by the defendant in the case of a personal injury or a wrongful death.
Punitive damages can also be applied in employment discrimination cases as well.  If an employer is found to be discriminatory towards their employee, the court can award punitive damages to punish the  employer for their discrimination.
Personal Injury Lawyer
It is important to work with an experienced attorney that has experience in dealing with a potential personal injury lawsuit or even an employment litigation case. If you have any questions about what potential punitive damages you can receive in your particular case, we have the team here  to help. At Swartz & Swartz, P.C., we have a team of attorneys and professionals dedicated to personal injury and employment litigation cases. We work closely with some of the most knowledgeable and renowned experts in the country, and have a proven track record of successful recoveries on behalf of victims of negligence and discrimination. Click Here To Read The Full Post
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What is a wrongful death claim?
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When someone dies due to the fault of another person or entity, survivors may have the option of bringing a wrongful death lawsuit. This legal action seeks damages, otherwise known as compensation, for the survivors’ loss.
This may include but is not limited to lost wages that would have been earned by the deceased, lost companionship, and the cost of funeral expenses. Of course, there is no way of adequately replacing the victim, but providing compensation for the victim’s loved ones can offset some of the challenges associated with their absence.
While the right to file a claim for wrongful death is relatively new, every state in the United States now has some form of wrongful death law. Wrongful death claims arise from a wide variety of fatal accidents. This may range from an unexpected car accident or a more complicated case of medical malpractice. Other cases include issues like product liability, where a defect or malfunction resulted in death. Under wrongful death law, persons, companies, and government entities can be at fault for negligence or intentional harm done.
A wrongful death claim differs from a criminal case in that it involves civil matters and disputes over rights relating to duties of individuals or entities. Criminal cases are pursued when the government seeks to hold an individual responsible for an act that is deemed a crime. The burden of proof is more stringent in a criminal case, and the penalty results in a consequence like incarceration. With civil matters, the result is more often financial compensation based on a monetary judgment entered against the individual or entity.
Elements of a wrongful death suit
Death of an individual caused by negligence or an intent to inflict harm
Survival of an individual or multiple family member(s) who are experiencing hardship because of the death
Appointment of an estate representative on behalf of the deceased person
Who can sue for wrongful death?
Along with actions for personal injury, conscious pain and suffering, or expenses incurred before the deceased’s passing, a suit for wrongful death can only be brought by a personal representative or estate administrator of the deceased.
Life partners & dependents
In some states, a partner has a right to recovery for the death of their loved one. This includes cases where the survivor was financially dependent on the person who died.
Immediate family
In all states, immediate family like spouses and children can recover under wrongful death statutes. This includes adopted children and parents of deceased unmarried children.
Distant family
Some states also allow more distal family members like siblings or grandparents to file a wrongful death lawsuit. One example of this might include a grandmother who was raising her granddaughter.
Those with substantial financial need
Select states allow persons suffering financial consequences from death to bring a case for lost care or support. Individuals in these instances do not need to be a blood relative or married to the person who has passed away.
Parents of a deceased fetus
In some states, the death of a fetus can be grounds for pursuing a right to recovery. In those states, parents are only able to file a suit in the event the child was born alive and passed away thereafter, or if it can be shown that the fetus was viable pre-birth.
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Boston Railroad Accidents Lawyers  - Swartz & Swartz, P.C
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If you or a family member have suffered significant personal injuries as the result of a railroad company’s negligence, and would like to speak with an experienced attorney at Swartz & Swartz, P.C., please contact us; you can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights. 
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