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
- Nursing Home Abuse
- Personal Injury
- Products Liability
- Wrongful Death
- Free Consultation
Free initial consultation - Contingent Fees
- Massachusetts
- U.S. District Court District of Massachusetts
- U.S.Court of Appeals 1st Circuit
- Attorney
- Swartz & Swartz, P.C.
- Current
- Georgetown University Law Center
- J.D.
- Activities: Law Review: Executive Editor, The Tax Lawyer, 1989 - 1990
- Tufts University
- B.A.
- Honors: Cum Laude
- 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
- American Association for Justice (AAJ)
- Member
- Current
- Public Justice Foundation
- Member
- Current
- Massachusetts Academy of Trial Attorneys (MATA)
- Member
- Current
- Boston Bar Association
- Member
- Current
- Massachusetts Bar Association
- Member
- Current
- American Bar Association
- Member
- Current
- 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
- “Hazardous Playthings Causing Injury To Children”, Children and Injuries
- Lawyers & Judges Publishing Co., Inc.
- Holding The Electronic Game Industry Accountable For The Deleterious Effects Violent Video Games Can Have On Our Children
- Products Liability Advisory
- The Common Law In The New Millenium—Protecting Our Children
- Lawyers & Judges Publishing Co., Inc.
- Keeping Our Children Safe
- Facts & Findings
- Warning! Injury Prevention Mandates Safer Design and Adequate Warnings
- 125 Products Liability Advisory 12
- Protecting Our Children
- 116 Products Liability Advisory
- Supreme Court Rejects Medical Device Preemption
- Massachusetts Bar Association Lawyers Journal
- The Controversy Surrounding the Adjustment of Earnings and Profits for Accrued Tax by Cash Method Taxpayer
- 42 Tax Lawyer 821
- 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.
- Q. Can we file a claim even if the other person was not found directly at fault?
- A: I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged wrongful death. There may be more than one legal cause of such an incident, however the particular facts would need to be known in order to assess potential claims.
- Q. If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
- A: In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing to the tragedy. There may also be other factual scenarios requiring investigation of other possible civil claims.
- Q. How soon after the death can the survivors bring a wrongful death case?
- A: The Estate of the decedent may bring a claim at any time after the death, until the statute of limitation expires.
- Q. Are punitive damages recoverable in wrongful death actions?
- A: Punitive damages are recoverable only in certain circumstances, as specified by the wrongful death statute. Thus, when there is evidence that a death was caused by malicious, willful, wanton or reckless conduct, or by "gross" negligence, there may be such a recovery. The standard of proof for such conduct, which is more egregious than ordinary negligence, is more difficult to meet.
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