New York Father Suing Franklin Toy Manufacturer After Shattered Bat Scars Son’s Face.

Posted on September 16, 2014 by gil hoy

The Law Offices of Gilbert R. Hoy, Jr. and Affiliates is an expert team of exceptional personal injury attorneys.  Our Boston product liability lawyers have a well-deserved national reputation for achieving outstanding results.  We are proud to have recovered millions of dollars in money damages for our injured clients to help both them and their families.  We will work with skill and expertise to ensure that you and your family receive just monetary compensation for your injuries.  No one should be in this fight alone.  Please call 617-787-3700, 24/7, or email info@gilhoylaw.com to discuss your potential claim in a free, no-stress, confidential consultation.  Your needs are our top priority!

In the average MLB baseball game, anywhere from three to ten wooden bats are broken, simply on account of wear and tear.  These bats are expected to break, and for good reason.  The balls being used are hard, and the velocity with which they are being thrown can sometimes reach over 100 miles per hour.  On the other hand, toys that are created to replicate America’s favorite pastime are usually made of soft materials such as plastic or foam, and are thus not expected to be broken with the same frequency.  Toy bats and balls, which are owned by millions of American families, are designed to help teach kids how to play the game and to foster a love of baseball from a tender age.  Most of these products are made of flimsy plastic, and are therefore assumed to be safe for children.

According to one Staten Island, New York man, this is not always the case.  Mitchell Ducalo has recently filed a $4.5 million lawsuit against Franklin Sports, Inc., a Massachusetts based company, after his son was horribly scarred by one of their toy bat products.  In his lawsuit, Mr. Ducalo alleges that his two sons were playing with an Adjust-A-Hit T-Ball set in the living room of their Staten Island home when his youngest son suffered a major injury.

The bat that came with the set was telescopic, meaning that it could change lengths depending on the user.  On May 24, 2014, Mr. Ducalo’s older son swung the bat and made contact with the ball.  Somehow, the plastic bat allegedly shattered.  A jagged piece of the bat flew off and hit 5-year-old Daniel in the face.  Amazingly, the sharp plastic caused major damage to Daniel’s face beneath his eyebrows and on his nose.  He required more than 300 stitches to repair the damage.  According to the lawsuit, the boy will have the facial scars for the rest of his life.

For young Daniel, and all other victims and family members affected by these accidents, lives are forever changed.  The blame in these accidents should be laid at the feet of the manufacturers who, often in an effort to save money, have left their consumers vulnerable to brutal, life-altering damages.  If you or a family member have been injured or killed by a malfunctioning or defective product, contact our Boston, MA product liability lawyers. We will work hard to make sure that you receive the compensation that you truly deserve.  Your needs are our top priority!

Posted in Boston Negligence Lawyer, Boston Product Liability Lawyer | Leave a comment

Making A Wise Investment: Retaining a Massachusetts Personal Injury Attorney.

Posted on July 21, 2014 by gil hoy

Before choosing to represent yourself in a personal injury lawsuit in Massachusetts, ask yourself three simple questions:

  1. From whom would you rather receive a hip replacement surgery?
    1. the average person, or an
    2. experienced surgeon
  2. Who would you rather build your house?
    1. an average person, or
    2. a skilled contractor
  3. Who would you choose to fly you from Boston to Orlando?
    1. The average person, or
    2. a licensed commercial pilot

Your answer to each of the above questions should be “b.”  If those were your answers, give yourself an “A”!

The lesson to be learned from taking this quiz is: professionals are hired to do a job because they have received the training and experience to get the job done properly.  It would be unwise, for example, to have a friend, untrained in the medical field, attempt to perform your hip replacement surgery.  The same is true for having your house built or taking a 2000 mile flight.  Trusting someone without the required skill set, education and experience would be ill-advised, to say the least.

So, what then, makes the legal profession any different?  The simple answer is that, aside from the skill set required to be an effective lawyer, it isn’t.  Like a doctor, a builder or a pilot, a lawyer has received nuanced training in his/her field, and knows how to skillfully navigate the many problems that may arise.  Your lawyer should be a highly intelligent person who is specially equipped to deal with your legal needs, varied and complex as they may be.

The skill set for a lawyer is also unique.  He/she must be able to think creatively, speak eloquently and write persuasively.  Very few professions require the same degree of dedication and work ethic that arises in the legal field.  In order to become a practicing attorney, a person must endure years of rigorous education and testing before becoming practice-ready.  An expert lawyer must also have tried many cases and settled many cases out of court.

In spite of the years of preparation and experience that lawyers accrue, many people who are in need of their services choose other ways to satisfy their own legal needs.  In personal injury claims, some people choose to represent themselves, rather than take advantage of the valuable resources at their disposal, namely an expert Massachusetts personal injury attorney.  The decision to pursue a legal action pro se, namely without an attorney, is a person’s right.  This is an individual’s choice, but it is a reckless one.  It is like choosing to fly a commercial jet yourself, instead of hiring a licensed pilot—the results can be disastrous.

Many people, in choosing to represent themselves, do not realize the serious consequences that could come as a result of their decision.  Not only do attorneys know the law better than the average person, but they are acutely aware of the subtleties of pursuing a personal injury claim.  To begin with, people mistakenly believe that the time it takes to settle a claim or reach a verdict at trial is very short.  In truth, it could take years to reach the end of a personal injury lawsuit.  Such a prolonged legal “battle” requires endurance, experience and resources.  Needless to say, pro se litigants rarely have any of these talents at their disposal.  Personal injury lawyer specialists, on the other hand, are specifically equipped to handle such obstacles.

In many personal injury lawsuits, insurance companies become a key part of the settlement negotiation on behalf of the defendant.  These are particularly difficult scenarios to successfully handle if you are unaided by a knowledgeable and confident attorney.  Insurance companies, in most cases, are large corporations that are driven primarily by the profit motive.  As a result, some insurance companies will try to pay the absolute bare minimum in settlements and other payments to injured persons, especially to pro se litigants who are likely unaware of what their cases are actually worth.  Those who choose not to retain a competent lawyer thereby run the risk of settling their cases for only a fraction of their actual worth.

Sadly, in the worst personal injury cases, such as the wrongful death of a family member, fair value of the case will usually far outweigh the meager settlement award made by an insurance company to an unrepresented claimant.

With an expert personal injury attorney, however, the intimidation factor is eliminated from the settlement equation.  Lawyers know how damages are calculated, and will fight tooth and nail to see that his/her client receives every penny that they are entitled to.

In the end, the apprehension regarding hiring a lawyer may be a fear that paying him/her will be extremely costly.  But that is not the case.  The truth is that the best attorneys generally work on a contingent fee basis.  In other words, a lawyer is not paid for the work performed until the case reaches a positive result for his/her client.  Until a settlement is reached, or a damage award is issued by a civil court, the attorney receives nothing.  This system is transparent, and allows for the greatest possible profit for personal injury plaintiffs.  Lawyers typically receive a 1/3 share of the settlement or damage award, which means that retaining a legal professional is actually cheaper than representing yourself.

If you believe you have a legitimate personal injury claim, and you are seeking justice, please do not hesitate to contact our highly experienced team of Massachusetts attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates.  We have been representing the people of the Commonwealth for over two decades and will work strenuously to see that all your legal needs are provided for.  Please call us, 24/7, at 617-787-3700, or email us at info@gilhoylaw.com.  Your needs are our top priority!

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Wrongful Death Lawyer | Leave a comment

What Makes a Great Lawyer?

Posted on July 9, 2014 by gil hoy

Without lawyers, there can be no enforcement of the law.  Without law, there can be no justice.

If you are ever given the opportunity, take a trip to 1 First Street, Washington D.C.  Your GPS should direct you to a location right across the street from the U.S. Capitol Building.  There, you’ll find what appears to be a massive temple—with marble steps and towering pillars guarding the entrance.  You have arrived at the United States Supreme Court.

The most important detail of this impressive structure, however, is not its homage to Greco-Roman architecture.   Just above the top of the pillars, an inscription is etched into the white stone, reinforcing the fundamental principle of American law: “EQUAL JUSTICE UNDER LAW.”

Over thousands of years of recorded history, the profession of law has developed and evolved.  From Hammurabi’s Code to the ratification of the U.S. Constitution, the law has been regarded as a nearly sacred part of every civilization.  Laws provide structure, equity, and harmony in society.

As a result, those who endeavor to study and practice the law have been both respected and revered.  Leaders of great nations, including many of our own American presidents and legislators, have been educated in the field of law, and have developed their skills in leadership, negotiation and compassion, often from exploring the law.  Regardless of wealth or social status, people throughout history have deemed lawyers to be symbols of equality and justice.

Sadly, that perception is no longer true for many people.  If one were to ask a group of random strangers what they picture when they hear the word “lawyer” or “attorney,” you aren’t likely to receive a flattering response.  Cynics of the profession would not envision honorable men defending the poor and sick from an undeserved fate.  Where people once envisioned Atticus Finch, they now see a shady figure in an expensive suit.   Greed, deception and corruption now blacken a profession that was once distinguished for being one of justice, equality and compassion.

The source of this distrust and dislike for lawyers is astonishing, considering the history and prominence of legal professionals.  Yet the disdain for lawyers is not completely without merit.  Like any other profession, the law is susceptible to the flaws and imperfections of human nature.  In today’s profit-driven society, however, the notion that all lawyers are self-interested and unscrupulous is a misconception. In truth, there are many lawyers who do not fit this unsavory description.

So what, then, sets these truly great lawyers apart?  In order to adequately answer this question, one must understand the purpose of a lawyer.

Regardless of the type of law, criminal or civil, a lawyer should be a trusted representative, confidant, and resource.  A lawyer, therefore, must not only have a firm grasp on the law and its subtleties, but also a passion for helping those in need.  He/she must not only understand their client’s rights, but their wants and needs as well.

Open lines of communication, especially in today’s tech-driven society, are supremely important.  The advent of email has changed things significantly, yet the value of face-to-face interaction cannot be overstated.  Good lawyers must provide timely information and wise counsel to their clients, with whom the decisions ultimately rest.

The law is not merely a service provided by the highly educated—it is a responsibility to uphold and enforce principles of justice.  A good lawyer stands confidently beside his/her client, regardless of innocence, guilt, right or wrong.  He/she understands that despite any possible reservations, there is something greater at stake.  A practiced lawyer knows that there is no such thing as black and white, only shades of gray.  He/she will work late into the night to ensure that every resource has been tapped and every line has been practiced.

He/she does all of this because the law, in all its formality, is imperfect.  Laws, made by flawed individuals, can be unsound themselves, and, therefore, difficult to interpret.  Good lawyers, in understanding the flexibility and fluidity of the law, use this quality to their advantage.  An attorney believes in the client’s best interests and will work tirelessly to see that they are represented and fought for.  For those who cannot defend themselves because of a lack of knowledge, skill, or ability, the help of a personable, confident and passionate lawyer is paramount.

These are the inherent qualities of a good lawyer.  Without them, the relationship between an attorney and a client can never reach the ideal level of trust.  It is true:  not all attorneys are as admirable as we would hope them to be.  All too often, people may become lawyers for the wrong reasons or are eventually consumed by the ruthlessness of profit.

Here, at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates, we like to believe that we know what makes a good lawyer.  After spending more than two decades in practice, we understand that people deserve only the best legal representation, and we have strived to honor that goal by welcoming aboard some of the finest personal attorneys Massachusetts has ever seen.

If you or a loved one has been affected by a personal injury accident, please contact our team of expert personal injury attorneys, who will pursue your claim with unwavering dedication.  Call us at 617-787-3700 or email us at info@gilhoylaw.com for your free and confidential consultation.  Like our forefathers, we believe in equal justice under the law, and we will stop at nothing to make sure that you receive it. Your needs are our top priority!

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment