James A. Swartz

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

Since 1990

U.S. District Court District of Massachusetts

Since 1991

U.S.Court of Appeals 1st Circuit

Since 1992

Attorney

Swartz & Swartz, P.C.

Current

Georgetown University Law Center

J.D.

1990

Activities: Law Review: Executive Editor, The Tax Lawyer, 1989 - 1990

Tufts University

B.A.

1987

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

James Publishing

Trial Preparation Tools

2009

Med Mal and Products Liability: A Dangerous Intersection

Massachusetts Academy of Trial Attorneys Journal , Vol. 1, No. 4

2007

Medical Instruments And Devices”, Medical Errors And Litigation

Lawyers & Judges Publishing Co., Inc.

2004

Danger At Play

TRIAL

November, 2003

Fighting Mandatory Arbitration

Massachusetts Academy of Trial Attorneys Journal

2002

Q. Is proving wrongful death occurred different than proving regular car accident negligence?

18 December 2018

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?

15 November 2018

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?

26 September 2018

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.