
James A. Swartz
Swartz & Swartz, P.C.
James A. Swartz is a nationally known and respected trial attorney and consumer advocate. Mr. Swartz’ law practice is headquartered in the historic John and Ebenezer Hancock House on the Freedom Trail in Boston, Massachusetts. Mr. Swartz graduated cum laude from Tufts University and earned his J.D. at Georgetown University Law Center. Mr. Swartz is a member of Public Justice Foundation (Public Justice’s Massachusetts State Coordinator since 1995); American Association For Justice (Co-Chair of AAJ’s Toys and Recreational Equipment Litigation Group since 2002-2010); The American Trial Lawyers Association (Top 100 Trial Lawyers in Massachusetts since 2008); The Massachusetts Bar Association (member of the Lawyer Referral Service Committee from 1995-1998); The Massachusetts Academy of Trial Attorneys; The American Bar Association; and The Boston Bar Association, among other associations.
James Swartz is a dedicated consumer advocate. For many years, Mr. Swartz and World Against Toys Causing Harm, Inc. (W.A.T.C.H.), has issued an annual “10 Worst Toys” list to alert parents and other consumers to the dangers of unsafe toys. James Swartz has, in recent years, been responsible for an annual press conference to alert the media and public to unsafe toy hazards. Articles about James Swartz and the W.A.T.C.H. press conference have appeared in newspapers and other print media throughout the country. He is a director and founding member of W.A.T.C.H., a non-profit organization dedicated to children’s causes and committed to the creation of multidimensional education programs, including “TOYS, YOU and the REAL WORLD”, a bilingual educational curriculum which has been taught in public schools in several states.
Mr. Swartz has authored and co-authored numerous articles and book chapters relating to child, medical and product safety.
- Medical Malpractice
- Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
- Nursing Home Abuse
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Products Liability
- Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
- Wrongful Death
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Free Consultation
Free initial consultation - Contingent Fees
- Massachusetts
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- U.S. District Court District of Massachusetts
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- U.S.Court of Appeals 1st Circuit
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- Attorney
- Swartz & Swartz, P.C.
- Current
- Georgetown University Law Center
- J.D.
- Activities: Law Review: Executive Editor, The Tax Lawyer, 1989 - 1990
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- Tufts University
- B.A.
- Honors: Cum Laude
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- Super Lawyer
- Boston Magazine
- since 2004
- Martindale Hubbell AV Peer Review Rated
- Martindale Hubbell
- ATLA Top 100 MA Lawyer
- ATLA
- American Trial Lawyers Association
- Member
- Current
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- American Association for Justice (AAJ)
- Member
- Current
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- Public Justice Foundation
- Member
- Current
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- Massachusetts Academy of Trial Attorneys (MATA)
- Member
- Current
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- Boston Bar Association
- Member
- Current
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- James Publishing
- Trial Preparation Tools
- Med Mal and Products Liability: A Dangerous Intersection
- Massachusetts Academy of Trial Attorneys Journal , Vol. 1, No. 4
- Medical Instruments And Devices”, Medical Errors And Litigation
- Lawyers & Judges Publishing Co., Inc.
- Danger At Play
- TRIAL
- Fighting Mandatory Arbitration
- Massachusetts Academy of Trial Attorneys Journal
- Q. Is a deposition necessary when a party is accepting liability in a car accident?
- A: Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage, arguably have a bearing on the extent of injuries claimed.
- Q. Is proving wrongful death occurred different than proving regular car accident negligence?
- A: The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance, depending on the facts of the potential claims.
- Q. I heard there's a time limit on filing a suit, but what if i get add'l complications as time goes by?
- A: Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over time does not usually present a scenario whereby the time for filing suit may be enlarged, however the particular factual circumstances would need to be examined.
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