Personal Injury and Torts

Both partners have significant expertise and success in representing clients and their families who have suffered serious personal injury (death or permanent impairment). While Jim and Bill are tough and demanding on behalf of our clients, they also understand the personal trauma that serious injuries cause. In their work with clients, they strive to minimize the emotional toll that the legal process can exacerbate.

For nearly a decade, Jim represented numerous insured defendants on behalf of their insurers in a variety of claims involving automobiles and such matters as general liability, construction, and product liability. For the past 18 years Jim has represented primarily injured plaintiffs in Superior Court, state District Court, Federal District Court, and in arbitrations and mediations. His cases have included large, complex matters as well as smaller ones. He has represented clients who suffered death and permanent impairment; plaintiffs in malpractice suits against insurance brokers, attorneys, and medical professionals; and he has represented many clients with less severe though often debilitating injuries.

Similarly, Bill Royal has represented numerous injured plaintiffs in the Superior and Federal courts and in arbitrations and mediations. Bill has represented clients with serious personal injury (death and permanent impairment) as well as those who have been injured but less severely. Bill has also represented clients involving tort damage from defamation and intentional interference with advantageous business relations.

Bill and Jim consistently seek to hold responsible parties liable, as appropriate. They review the facts and the law from many angles to present the most effective cases to recover for clients and their families.

Jim’s notable cases include:

$2.1M jury verdict against utility company for electrician’s crushed wrist
In this widely reported case, Jim effectively portrayed the devastating effect of a utility pole that fell on an electrician’s wrist – a job injury that abruptly ended the worker’s career and life passion. As a result, Jim’s client was awarded approximately three times the present value of his estimated lifetime lost earnings plus all medical expenses. Following his celebrated victory in court, after adjusting for pre- and post-judgment interest, the ultimate payout was $2.7M.

$2.6M medical malpractice settlement for failure to diagnose pulmonary emboli
Jim secured this settlement for the family of a husband and father who died following the failure of both an internist and a pulmonologist to properly diagnose and treat him for pulmonary emboli. Jim proved that the two physicians overruled an earlier proper diagnosis, eliminating the opportunity to treat the pulmonary emboli and prevent the man’s death.

$225K legal malpractice settlement for poorly handled sale of domain name
Jim’s clients had agreed to sell the Internet domain name which he and his partner owned for $600K. Unfortunately, the way their lawyer negotiated and finalized the purchase agreement, they had no recourse when the buyer defaulted on making full payment. Before hiring counsel, the clients had negotiated the business terms of the sale: they were to receive $100K at the closing, plus $200K 90 days later, plus 300K shares of the buyer’s stock and an agreement that if the buyer did not “go public” within 18 months, it would pay the sellers $1 per share (equal to $300K). The buyer experienced financial problems shortly after the sale, and paid only the first $100K. Jim sued for $500K, arguing that the clients’ lawyer and law firm had improperly failed to negotiate for security (collateral), a guarantee as to payment of the balance owed, or an automatic reversion of the domain name. Prior to trial, the case went to mediation and settled, resulting in an additional $225K paid to Jim’s clients.

$250K liability insurance settlement for knee injury in which client initially sought only $10K
A partner in a video production company suffered a fracture to his tibial plateau when he was struck – as a pedestrian – by a car when crossing the street en route to a meeting. The minimal driver’s insurance was insufficient to make the client whole. The client came to Jim seeking to recover the $10K limit of “underinsurance” proceeds under the automobile policy of his common-law wife. That claim was unsuccessful because even though he was a “household member,” he was not related to his common-law wife by “blood, marriage, or adoption” under Massachusetts law. Undaunted, Jim discovered another policy covering the video partnership’s van that provided $100K in underinsurance coverage. Jim sued for the policy limit, plus additional amounts for bad faith. After Jim obtained summary judgment in favor of his client, the insurer settled for $250K, far in excess of the client’s medical expenses and lost earnings.

Bill’s notable cases include:

$8.9M settlement for client injured at a hazardous waste site
A pressurized vessel being used at a New Hampshire hazardous waste site to filter effluent exploded, resulting in severe brain injury to plaintiff in the prime of his life. Filing discovery actions in Massachusetts, Bill obtained admission that the subcontractor controlled the filter process. With NH counsel, Bill resolved the case at mediation before trial. The proof supporting large settlement included the subcontractor’s admission of control, that the defendant’s own protocols advised against using vessel in the way it was operated and the quality of plaintiff’s life before and after the tragedy. The settlement was the 2nd largest in the state’s history.

$150K settlement in eye injury to minor
Unsupervised minor was blinded in B-B gun game. Despite significant questions of insurance coverage and liability, recovery was had from homeowner’s policy, approaching policy limits.

$30K settlement for back injury fall in unlit job site
Bill represented a worker injured on the job by a fall at night into unlit pit dug by subcontractor. Bill achieved a favorable settlement despite defendant’s forceful defense and strong denial of liability.