Our clients come from all backgrounds and demographics and need a criminal defense attorney for various reasons.  We have helped fathers, mothers, sons, daughters, wives, husbands and minor children.

We have helped professionals whose jobs were at stake and high school students who were trying to get into college.

Our clients and their reasons for hiring us are all unique, but they do have one thing common — all our clients’ matter to us and so does their future.

Attorney Gerald J. Noonan founded The Noonan Defense Firm after serving the Commonwealth of Massachusetts for many years as an Assistant District Attorney. Throughout his prosecutorial career, Attorney Noonan argued and tried hundreds of criminal cases including homicide, attempted murder, arson, rape, armed robbery, drug crimes, driving under the influence and cases involving many other serious criminal offenses.

As a criminal defense attorney, Gerald J. Noonan has over 340 successful criminal trials. Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you.

Our law firm represents and defends individuals arrested and charged with felonies and misdemeanors, federal crimes, juvenile crimes, and can assist with expungement of criminal records (record sealing.)  To learn more about how we have helped others, we invite you to browse or case results below, and read our CLIENT REVIEWS.

The following are case results for some of the many clients we have helped throughout our criminal defense career.

Online Privacy: Three Tips to Protect Yourself

Online privacy is a hot topic in today’s world—and it’s for good reason. Most of us rely on the web to do almost everything. We hop on the computer to pay rent, talk to our friends, relax after a long day, and manage our work emails. It’s almost impossible to avoid full immersion on the web… but how can you keep yourself safe while you’re online?

There are a lot of steps that Internet users can take to improve their online privacy. Some of them are simple—changing passwords, getting creative with second email addresses, and holding personal information close to your belt can all help. Those who want to delve further into their online safety can find plenty of resources and tips from the federal government and industry experts.

Spotting a Scam or Event That Could Compromise Your Online Privacy

You’ve probably heard people say that the first step to solving a problem is admitting you have one. Think of scammers the same way. The first way to avoid a scammer is to detect one. Many scams regularly crop, taking on the same form. A lot of scams and schemes have their own names.

Understanding that these exist (and knowing how to identify the hallmarks of them) could serve you well in the future:

  • Phishing scams | Phishing scams involve scammers who use text messages or emails to communicate with their victims. They trick people into sharing personal information like passwords and Social Security numbers. This often grants them access to a wealth of personal information. Scammers can enter email accounts, bank accounts, and a range of other personal databases
  • Identity theft | Identity theft may begin in one of several ways. Sometimes, innocent victims lose their personal information to data breaches or other third-party scenarios. Some scammers use phishing scams to achieve the eventual goal of identity theft. No matter how a scammer attempts to go about it, identity theft allows them almost unparalleled access to your personal information
  • Data breaches | Data breaches expose victims’ personal information. Targets oftentimes include large corporations (like Target) or financial entities (like Equifax).
  • Email hacksEmail hackers gain access to their victims’ email accounts and use them to send out “random” links or requests for cash. Most victims don’t even realize that this has happened until somebody who receives one of these emails asks about it. You can also check your Sent Messages folder to see if there are messages that you didn’t send. Some email hackers cause social media accounts to make posts or end up blocking access to them
  • Romance scamsRomance scammers tend to target people who are especially vulnerable to emotional manipulation. Those who are in abusive or difficult situations, who are lonely or struggling with mental health, who may have suffered the loss of a spouse or something similar, can all be tricked into sharing money and personal data. These scammers are especially popular on dating sites and apps, but can communicate through any means

Three Quick Tips to Improve Your Online Privacy

Check Your Social Media Privacy Settings

Most of us love social media—and with the advent of smartphones, a lot of people easily maintain a wealth of social media accounts on the go. That means that social media privacy settings are an especially easy place to start if you want to up your online privacy.

Social media networks hold onto a lot of information about you. Take a look using your favorite search engine and see how much of it is visible to anybody on the Internet who might want to see it. Privacy settings can easily be altered so that only your friends have access to your content.

Keep Your Personal and Primary Phone Number (and Email Address) Private

It’s good practice to create a disposable email address for use on social media, shopping, gaming, and any other sites. That means that a data breach won’t leak your passwords and your real email. You should use separate passwords for every account you have on every website—but, if you don’t, you’re in for even more trouble if a hacker also knows your primary email account.

Creating and maintaining a separate phone number isn’t always so easy. If possible, though, you should opt to do it. Phone and text scams are increasingly common, and your phone number is just one more piece of information a scammer could use to pose as you.

Use Secure Passwords

That means that your passwords should match certain standards and vary by account. Using the same password for every account you maintain is never a good idea. Nobody wants a hacker to get into their Twitter—but what if that hacker also had your bank account password?

Most experts recommend a handful of steps to strengthen your password:

  • Use a long password (twelve characters or more)
  • Use a mixture of characters (upper- and lower-case letters, numbers, and symbols)
  • Do not use common substitutions (i.e. 00 instead of OO in the word “door”)
  • Do not rely on an easily-memorized keyboard path (like QWERTY)

Can an Attorney Help Me if My Online Privacy Is Compromised?

Yes! Lawyers assist their clients with a range of cases—many do involve compromises of online privacy. Whether you’re the victim of a scam or a data breach, a law firm that focuses on representation for cases involving online privacy can help you.

Remember: Find an empathetic and knowledgeable attorney. Victims of breaches of online privacy should feel empowered and emboldened as they work with their lawyers in the pursuit of justice. Never partner with an attorney that you don’t trust—and consider taking advantage of free initial consultations to find the lawyer that’s the right fit for your case.

Baby Proofing Your House to Keep Your Little Ones Safe

According to the National Safety Council, over one-third of child injuries and deaths occur at home. While this subject was once a sort of taboo, many child deaths that occurred in the home have been the subject of closer scrutiny in previous years. Recent movements within the parenting sphere, however, have changed families’ openness to discussing this difficult subject. Many parents now know that their kids face risks at home—but what can they do about it?

The good news is that proactive parenting can prevent a sizable percentage of these accidents from happening. Parents can take a multitude of steps to make their homes safer for their children—and for anybody who visits, too. Experts estimate that a range of injuries that occur to children in the home could be prevented through safety awareness.

Fortunately, a wealth of CPSC-endorsed childproofing devices are available to parents. Every parent should conduct their own research to select the specific brands and products that are right for their family (and adhere to federal regulations).

Most, however, will be purchasing some form of one of these:

Safety latches and locks

  • Used on cabinets and doors

Safety gates

  • Used at the top and bottom of stairs (only use gates that screw to the wall for the top of stairs)
  • Also for use blocking access to child-restricted areas
  • Older safety gates (with “V” shapes large enough to trap a child by the head or neck) should be replaced

Doorknob covers and door locks

  • Used to keep children out of rooms and other areas that could pose danger
  • Doorknob covers should allow doors to be opened quickly by adults in case of emergency

Smoke alarms

  • Should be present on every level of the home
  • Place one in each bedroom, bathroom, and outside every sleeping area
  • Check alarms once a month
  • Change alarm batteries at least once a year

Corner and edge bumpers

  • Help protect children in the event of falls

Outlet covers and plates

  • Prevent electrocution
  • Should not be easily removable by children

Baby Proofing and Child Proofing Your Home

Baby and child proofing your home is essential to your family’s safety. It also helps ensure that your friends, family, and other visitors can feel safe visiting with their young ones.

A few simple steps can make all the difference in keeping the youngest of us safe while we spend time with the ones we love.

  • In the bathroom | Install handle covers on faucets and safety latches on cabinets. Lock down toilets and set water heaters no higher than 120 degrees. If water reaches a temperature higher than 140 degrees, it can burn a child in less than six seconds. Keep medicines locked away and out of sight.
  • In the kitchen | Place guards over stove controls, safety latches on cabinet doors, and a switch lock over the garbage disposal. Anything that seems like a risk probably is—and it probably warrants a lock. Lock your oven, dryer, dishwasher, and any other appliance or area children should be kept away from. Never leave buckets of water out or sinks full of water accessible; they are a drowning risk.
  • Around the home | Socket covers and soft corners are a must. Protect every socket and every corner. Door alarms are optional for parents who need a signal when a door opens. Anchor heavy furniture like cabinets and dressers to the wall—make sure mounted art and televisions are extremely secure. Children like to climb and grab things—they can tip over or fall onto a child with fatal results.

Managing Risk by Age

Many parents find that managing the risks around their child based on his or her age can simplify safety. Newborns, for example, are at risk for different injuries than most ten-year-olds. The two could also both break a bone—or a newborn could be crushed by an object that would not impact a larger child the same way.

If you understand the unique risks your child faces at each stage of growth, you can better manage the risks around them.

  • Zero to one-year-olds | If you’ve chosen or were gifted a crib made before 1986, it may not measure up to modern safety standards. The gaps between the bars should not be any wider than 6cm. This way, your baby cannot fit his or her head between them. Unrestrained and unsupervised babies can easily fall from high surfaces. Electric outlets at floor level must be covered and adequate baby gates should always be present at the tops and bottoms of stairs.
  • One- to two-year-olds | These children are adventurous—you need to be several steps ahead of them to keep them safe. They love to begin trying to climb and run. Both are a lot of fun, but both also open up a whole new world of risk. New falling risks begin to present themselves at this age; furniture should be attached to walls to keep little ones safe when they begin to explore. Medication can begin to look especially interesting. Lock it away and out of sight.
  • Three- to five-year-olds | With their superior motor skills and strengths, three- to five-year-olds can get into a lot of trouble without much time. Injuries like burns—that come from more adult behavior—tend to increase at this age. That’s because children begin modeling the behavior of the adults around them once they enter this stage. Hot liquids, cords, and other dangerous objects should be kept out of reach.

Who to Contact if Your Child is Injured

Unfortunately, some accidents happen regardless of our best efforts. If an unintentional accident in the home harms your child—or a child you love—seek medical attention immediately.

Many families eventually elect to pursue the counsel of a seasoned personal injury attorney. These lawyers assist families who have suffered such circumstances; in many cases, this partnership allows parents to receive compensation for:

  • Medical bills
  • Pain and suffering and mental anguish
  • Disfigurement or disability

Baby proofing is an important step of welcoming any child into your home. Nobody can promise you that an accident won’t happen—but you can better-protect your child with just a few changes around the home.

How Long Does a Personal Injury Lawsuit Take?

Your bills continue mounting. You have medical expenses increasing rapidly. You plan to file a personal injury lawsuit, or perhaps have already filed one, but wonder how long it will take before you have the funds you need in your hands. How long does a personal injury lawsuit take?

Little happens quickly when you must deal with a personal injury claim. Several factors can influence how long it takes to get the compensation you deserve for your injuries.

1. Who caused your injuries?

Before you can file a personal injury claim, you must know who caused your injuries. In some cases, including car accidents, slip and falls, or construction accidents, you may find that multiple parties share liability for your injuries. In others, you may clearly establish that only a single entity caused your injuries.

In most personal injury claims, the entity who caused your injuries will turn to an insurance policy to pay for your injuries. That insurance company will determine how fast your claim gets paid: some insurance companies will negotiate extensively and even require you to take your claim to court before paying, while others may try to pay your claim more quickly to help avoid expensive legal costs.

2. How severe are your injuries?

The damages you seek for your personal injuries typically include three key elements: medical expenses, lost wages from missed time at work, and pain and suffering. As a general matter, the worse your injuries, the greater the compensation you typically may seek.

For example, while treating a broken bone without surgical intervention costs only around $2,500, the cost of treating a severe burn can rise to more than $1.5 million. You have the right to ask for compensation that encompasses all of your medical expenses and lost wages, as well as compensation for your pain and suffering, and may receive compensation up to the maximum amount of the insurance policy that covers your injuries, plus any additional ability the legally-liable party has to pay you out-of-pocket.

Another general rule: The more money you demand, the longer it can take to get compensation for your injuries. Many insurance companies will fight to decrease their financial liability as much as possible, even dragging out the investigation or attempting to prove that someone else caused your accident. If, on the other hand, the cost of your injuries clearly exceeds the maximum coverage of the policy—Massachusetts law requires minimum bodily injury coverage of just $20,000 per individual, for example—you may receive compensation more quickly, at least from the insurance company.

3. How much do you want to negotiate?

A serious accident can leave you with substantial medical costs and plenty of life complications to worry about. Not only do you have to consider your medical costs, you may need assistance paying your bills when your injuries prevent you from working. As a result, you may decide to fight as hard as you can, for as long as you can, to get as much compensation as possible. In other cases, you may need whatever funds you can get immediately, even if that means decreasing the funds you ultimately receive for your injuries.

Most personal injury matters involve some amount of negotiation over a potential settlement. At each stage of the negotiation, you may have the chance to accept a settlement offer from the liable party (and/or its insurance company). If you accept that offer, then it ends the negotiation process and you can expect to receive financial compensation shortly. But there’s a catch. After you accept an offer, you cannot go back and seek more compensation if it turns out that your injuries cost more than you originally thought. An experienced personal injury lawyer can help you calculate all of your losses so you don’t end up paying out of pocket for what another person or company did to you.

Settlement Offers Immediately After the Accident

Some insurance companies may offer a settlement for personal injuries as soon as they can after the accident. These settlement packages may, in fact, arrive before you even have a chance to talk with a lawyer or determine the full extent of your injuries and their costs. Often, however, these settlement packages contain a low offer that does not reflect the full funds you deserve for your injury. Proceed with extreme caution and speak with a lawyer before signing or agreeing to anything.

Settlement Offers After You Submit Your Demand

After you submit a demand for payment to a party with legal liability, the insurance company or liable party has an opportunity to respond. It is rare for an opposing party to simply pay you every cent you demand, though that can happen, particularly when the only source of payment is an insurance policy and your demand vastly exceeds the policy’s limits. In most cases, however, the legally-liable party will respond, which kicks off a round of negotiation between your attorney and those for the legally-liable party.

Some cases go through several rounds of negotiation as you and the liable entity move closer to an agreement. In other cases, their offer and your demand do not have a high likelihood of meeting in the middle, so you may choose to forego further negotiation and move on to mediation.

Mediation

During mediation, you and the liable entity, including a representative or representatives from the insurance company if needed, will sit down with a mediator to discuss your claim. This mediator, often a judge or former judge, will hear both sides of the case and see if you can reach a settlement agreement without taking your case to court. The mediator cannot force you to settle your case, however. It is your decision.

In Court

If you have to take your personal injury case to court, it can take much longer to reach a resolution than if you accept a settlement offer. Taking a case to court means putting scheduling in the hands of the court, more or less. If at the end of the court process you prevail and receive a favorable jury verdict, then your attorney may also need to take steps to “enforce” the verdict and collect payment on your behalf.

If you suffered injuries due to another party’s negligence and need to file a personal injury lawsuit, having an attorney on your side reduces a great deal of the stress associated with the process and helps your claim move forward as efficiently as possible. Contact a personal injury lawyer as soon after your injury as possible to learn more about your legal rights.

How to Find a Personal Injury Lawyer

Unintentional injuries are the leading cause of death for people ages one to 44. The CDC reports that nearly 40 million people visit the doctor every year because of accidental injuries. While some of these injuries are unavoidable, thousands of accidents every day leave victims injured because of someone else’s negligence.

When you or someone you love suffers an injury in an accident caused by someone else, you deserve compensation for your injuries. In Massachusetts, the law allows you to take legal action to recover money damages from the person who harmed you. An experienced personal injury attorney can help maximize your recovery. Knowing who to hire can make all the difference.

Experience is Key

Injured victims of someone else’s wrongful conduct need a legal advocate who will fight for their rights. An experienced personal injury attorney guides clients through the legal process of seeking justice, accountability, and compensation from those who did them harm.

It is not difficult to find a personal injury lawyer. However, that does not mean it is easy to find the right personal injury lawyer for your case. Believe it or not, personal injury law covers a broad range of specialties and areas of focus.

These include:

  • Car accidents: In one recent year, 142,113 motor vehicle accidents took place in Massachusetts. Nearly a quarter of these accidents involved injury and 332 resulted in a fatality. If you are in a car accident, a personal injury attorney will help you prove fault, talk to the insurance company, and negotiate a fair and reasonable settlement.
  • Workplace accidents: Workers’ compensation attorneys help injured workers recover compensation through an at-times complicated and highly regulated legal process. Workers’ comp cases often require following specific procedures carefully, so an attorney with connections in this area is essential.
  • Medical malpractice: Medical malpractice occurs when a healthcare provider’s mistake leads to a patient sustaining a personal injury. Medical malpractice cases involve complicated facts and legal processes. They often require expert witnesses and extensive medical reviews. It is always best to hire an attorney with extensive malpractice experience.
  • Premises liability: Premises liability laws hold property owners responsible for keeping visitors to their properties safe from injuries caused by slip and fall accidents, swimming pool tragedies, dog bites, and similar incidents.

It is always a safe bet to seek out an attorney with experience in the specific type of accident or incident that led to your injuries. Many lawyers or law firms focus on specific areas of personal injury practice.

Narrow Down by Location

In most cases, victims of personal injury should search for an attorney locally, and only widen their search if they cannot find a lawyer nearby who has the relevant experience. There are two reasons for this—familiarity and convenience. In regards to familiarity, every local court has its own particular rules, personalities, and rhythms.

A local attorney knows these “inside baseball” aspects of taking a personal injury case to your local courts. This kind of familiarity can prove essential to reaching a favorable settlement with other local lawyers and winning arguments in front of local judges. Plus, an out-of-town attorney is less likely to know doctors and care providers in your area and can’t give you referrals or get the doctors to accept deferred payment.

As for convenience, hiring an attorney who practices nearby comes with obvious benefits. It makes it for your attorney to meet with you, to collect evidence from you, and to coordinate various aspects of your case.

Don’t Undervalue the Importance of Trust

When you choose a personal injury attorney, it’s important to work with someone you can trust to have your best interests in mind. No one wants to question whether their attorney is fully invested in pursuing compensation. A lack of trust can lead to communication problems and make it more difficult for you to recover the damages you deserve. How do you find someone you can trust?

Start with personal referrals: Referrals are a great way to find a personal injury attorney. If someone you trust had a good experience with a personal injury lawyer in a case similar to yours, then consider meeting with that lawyer to talk about your case, too.

Do your research: Whether you get a name from a friend or find an attorney on the web, there are many resources available that can tell you more about the attorney. AVVO is a great resource to find out what past clients have to say about an attorney. To see whether your attorney has a disciplinary history, visit the Massachusetts Board of Bar Overseers.

Meet with more than one attorney: You do not have to hire the first attorney you find or meet with. Many attorneys offer free consultations. This may be over the phone or in person. Take advantage of that offer to find an attorney who seems like a good “fit.” Make a list of attorneys that meet the qualifications you are looking for and then sit down with a few. If you don’t feel comfortable or just don’t “mesh,” move on.

Ask questions: When you sit down with an attorney, ask about the attorney’s experience and expertise in cases like yours. It is always a good idea to make a list of questions, so that you do not forget to ask something important. Questions to consider include:

  • Do you have experience handling my type of case?
  • How long have you been practicing law?
  • What kind of team/resources to you have available to you?
  • What’s the best way to get ahold of you? How accessible is your team (i.e. hours, cell phone contact)?
  • Are you comfortable taking my case to court?
  • How do you handle payment? What are your fees?

After an accident involving injuries, begin your search for a personal injury attorney right away. Finding the right attorney can make all the difference in your case.

Injured at Work Entitled to PIP?

Were you injured at work and entitled to personal injury protection (PIP) insurance benefits?

The legislature has exempted injured persons entitled to worker’s compensation benefits from the provisions of “no-fault” or personal injury protection benefits.

An insured under a motor vehicle liability policy entitled to recover workmen’s compensation benefits in accordance with M.G.L. c. 152, as a result of injuries received while operating the vehicle within and during the course of his employment, is precluded from collecting personal injury protection benefits and, therefore, cannot reimbursement for lost wages up to seventy-five per cent of his average weekly wage as.

Our Lawyers Can Help.

There may be other ways to help you get all the compensation you deserve. Being injured at work doesn’t mean you don’t have the right to compensation, but it is in your best interest to hire an attorney who has the knowledge and experience to aggressively represent your case.

Attorney Gerald J. Noonan founded the Law Offices of Gerald J. Noonan after serving the Commonwealth of Massachusetts for many years as an Assistant District Attorney. A seasoned trial lawyer, Attorney Noonan represents plaintiffs in personal injury cases, wrongful death actions, and serious accidents. He will aggressively seek to obtain a fair settlement for you for your injuries, but when insurance companies won’t settle, his law office has the experience and resources to take your case to trial.

For a free initial consultation, use our online contact form, or call us at (508) 588-0422.

What Should I Do After a Car Accident?

What You Should and Should Not Do If You Have Been Injured In A Car Accident

 

  • First, and most important, seek medical attention immediately. Medical symptoms can surface days after the accident so it is important to seek medical treatment even if you feel you haven’t suffered serious injuries. Make sure you provide the medical staff with a complete account of the accident. Thoroughly detail the extent of any pain you are suffering and indicate where that pain is coming from.
  • Get as much information from all the other vehicles involved in the accident. You are entitled to the driver’s name, insurance carrier, license number and home address. If there are any witnesses inquire as to what they had seen and ask if you could have their name and address.
  • Write out a detailed account of everything that transpired up to and after the accident. Detail who came from what direction, whether there were any traffic signs or lights, the weather conditions, the time of day and lighting conditions.
  • Do not make any statements or sign anything. Your attorney, doctor and any medical treatment personnel are the only ones you should talk about the accident with. Under no circumstances should you talk to another driver’s insurance company. With regards to you own insurance company, simply report the time and place of the accident. Any other communication or details regarding the accident and your injuries should be communicated to your insurance company by your lawyer.

Brockton, Massachusetts Car Accident Insurance Claim Attorneys on Your Side

Insurance companies are not your friends or legal advocates for accident victims — they are businesses. Insurance companies will almost always try to offer you the least amount possible to settle an accident claim to their own advantage. Their hope is that you accept the amount without talking to an attorney to see what you may really be entitled to.

If you have been in a car accident, contact our law office today to discuss your case for free. Only a lawyer is qualified to offer you legal advice — insurance claims adjusters are not attorneys.

How Does PIP, Medpay and Health Insurance Work?

If You Have Private Health Insurance but Don’t Have Medpay

PIP will automatically cover the first $2,000 in medical expenses and any medical expenses in excess of that amount will be submitted to your private health insurance to determine if medical coverage exists. If your insurance provider denies payment for a claim then you must submit that claim to the motor vehicle insurer that provided the PIP coverage. Since Massachusetts statute mandates that claimants utilize existing health insurance for medical expenses exceeding the $ 2,000 limit on an automobile insurer’s PIP liability, the PIP carrier will deny a claim that was denied by the private insurance for failure to comply with the health insurance policy.

The most frequent denial of a claim by a private health insurance provider for failure to comply with the policy occurs when the claimant seeks medical treatment from a doctor outside the private insurer’s network. If the private insurer denies a claim because the claimant sought services that weren’t provided under the insurance coverage like chiropractic or dental treatments then the PIP carrier must pay for these costs.

If You Have Medpay but Don’t Have Private Health Insurance

PIP will cover the first $8,000.00 in medical expenses and MedPay will take on any expenses in excess of $8,000.00 up to the MedPay policy limits.

If You Don’t Have Private Health Insurance or Medpay

The Massachusetts Auto Policy explains that PIP (Personal Injury Protection) will pay up to $8,000 in medical expenses and/or lost wages.

If You Have Private Health Insurance and Medpay

PIP will cover the first $2,000 in medical expenses and anything above that amount will be submitted to your private health insurance carrier for their review. If the policy you have with your insurance provider contains deferral language then your insurance provider may, and likely will, deny the claim on the bases that you have MedPay and MedPay swill pay for the expenses in excess of $2,000.00.

There is statutory language in Mass. Gen. Laws ch. 90, 34A, Mass. Gen. Laws ch. 175, 111C or 113C, or any other statute prohibited such deferral. Therefore, the health insurer’s practice of denying coverage because of the existence of MedPay is permissible. (Metropolitan Pro. and Causality Co. v. Blue Cross) If your medicals then exceed your MedPay policy limits PIP will assume these expenses up to an additional $6,000.

If your policy doesn’t contain deferral language than your private health insurance company will be on the hook for any medicals exceeding $2,000. But as mentioned above, they will not be required to pay for expenses for services that weren’t permitted under the insurance policy. As is the case in number “2,” PIP may then deny the claim that was denied by the private health insurance provider (usually for treatment outside the private insurer’s network) at which time MedPay will kick in and assume the expenses.

Initial Consultations Are Always Free

A seasoned trial lawyer, Attorney Noonan represents plaintiffs in personal injury cases, wrongful death actions, and serious accidents. He will aggressively seek to obtain a fair settlement for you for your injuries, but when insurance companies won’t settle, his law office has the experience and resources to take your case to trial.

Our knowledgeable and experienced Boston Personal Injury Attorneys at the Law Offices of Gerald J. Noonan are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Hingham, Quincy, Plymouth, Marshfield, Attleboro, Braintree, Rockland, Hanover, Duxbury, Whitman, Middleborough, Raynham, Mansfield, Avon, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk, Bristol, Massachusetts.

No matter where you are located, we are just a phone call away. Call the Boston Car Accident Lawyer to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.

Types Of Medications Prescribed After An Accident

Several types of medications are prescribed after a motor vehicle or slip and fall accident. Some are as follows:

Benzodiazepines

Names: Alprazolam (Xanax), Clonazepam (Klonopin), Deazepam (Valium), Lorazepam (Ativan), Triazolam (Halcion)

Characteristics: sedative, anti-anxiety

Purpose: reduce myofascial pain, muscle spams, anxiety/tension, seizures, insomnia

Cons: these types of drugs can cause psychological and physical dependencies. Withdrawals starts occurring within twelve to forty-eight hours after last dosage.

Side Effects: dry mouth, drowsiness, lethargy, fatigue, loss of coordination, constipation, sexual dysfunction.

Muscle Relaxants

Names: cyclobenzaprine (Flexeril), paraflex (Chlorzoxazone), soma (Carisoprodol), metaxalone (Skelaxin), methocarbamol (Delaxin), diazepam (Valium)

Characteristics: Muscle relaxants decreasing involuntary movement, muscle spasms and muscle tone.

Purpose: Reduce muscle spasms, cervicogenic and tension headaches, inflammation

Cons: Should not be taken with MAOI or certain types of antidepressants. To reduce withdrawal symptoms must taper down off drug gradually

Side Effects: paraesthesia, insomnia, weaknesses, dizziness, drowsiness, blurred vision.

Non-Sterodial Anti-inflammatory Drugs

Names: ibuprofen (Advil; Motrin), naproxen (Naprosyn), indomethacin (Indocid), diclofenac (Voltaren)

Characteristics: Reduce swelling/inflammation

Purpose: Inflammation, pain, arthritis

Cons: Should not be taken while pregnant, overdosing can lead to gastrointestinal complications

Side Effects: anxiety, headaches, vertigo, nausea, heartburn, indigestion, stomach cramps, drowsiness

Narcotic Analgesics

Names: Meperidine (Demero), codeine (Codeine Contin), morphine, oxycodone (Oxycontin; Supeudol), oxycodone & ASA (Percodan), oxycodone & acetaminophen (Percocet),

Characteristics: Pain medication

Purpose: decrease severe and acute traumatic induced pain, reduce myofascial pain.

Cons: Can be very addictive. Not for prolonged use. Use caution when taxing using alcohol, antidepressants, muscle relaxants

Side Effects: dizziness, lethargy, sedation, respiratory complications, headache, nausea, vomiting.

Experienced Accident Attorneys On Your Side

Attorney Gerald J. Noonan has obtained many favorable settlements and verdicts for automobile accident victims, injuries from slip and fall accidents, and other negligence-related cases.

Our Massachusetts wrongful death, personal injury, and accident trial lawyers are dedicated to the efficient and effective handling and management of the firm’s personal injury cases. Our clients have unfettered access to the paralegal responsible for managing his or her case and can be confident that their case is being handled efficiently and competently.

Contact us today, for a free initial consultation to learn more about how we can help you.

A Lien on Underinsured Benefits?

The word “damages” in MGL 111 s70A does not include underinsurance benefits within the scope of the lien. Underinsurance benefits aren’t considered damages because they are not legal liabilities, but are contractual liabilities for which the insured paid premiums.

Damages are the monies payable by a tortfeasor (wrongdoer) who is liable for injuries caused by his tortious act (wrongdoings) and do not include benefits resulting from underinsurance policies. As a result, benefits received from an underinsurance policy are not subject to a lien pursuant to Massachusetts General Law 111 s70A. (Meyers v. Bay State Health)

Teen Age Driver Car Accident Statistics in Massachusetts – 2005

The statistics available on teen motorists are both eye opening and sobering. Motor vehicle crashes are the number one killer of teens in the nation. New drivers are four times more likely to be killed and 14 times more likely to be injured than any other group. By a 2-to-1 margin, teens are more likely to kill someone with them than themselves.

The main causes of crashes amongst publicized teen fatalities were speed and inexperience. Alcohol, failure to wear a seat belt, and emotional distractions such as peer pressure and lack of sleep also often play parts in both fatal and non-fatal crashes. Passenger and time restrictions are in place to decrease the likelihood of youth being involved in vehicle crashes. This is why enforcement of these rules starts at home. You cannot rely on the police to be the sole protectors of children on the roadways. Parents and guardians must set and enforce the rules of the road.

Driver training starts much younger than 16. Children observe the driving habits of those around them early on and often put these practices into place when it is his or her turn to get behind the wheel. Set a strong example by being a responsible driver and reinforce good driving habits.

Parents/Guardians need to ensure that their teens are ready to meet this challenge through preparation and an open line of communication. No child under 18 can obtain a driver’s license without their parents approval, so a parent should feel free to set a higher driving age if appropriate to the maturity and experience of each child.

In 2005, the following number of original licenses were issued to Massachusetts teens:

Driver’s Age# of Original Licenses Issued
1644,378
1715,411
189,857

 

2005 Statistics on violations by Massachusetts’s junior operators by violation:

Type of ViolationNumber of Citations% Found Responsible% Found Not Responsible
Passenger Restriction1,39874%25%
Time Restriction796%94%

 

Massachusetts Junior Operator Crash Data for the year 2004

AgeNumber of Licensed DriversNumber of CrashesNumber of Fatalities% of Drivers Involved in Crashes
1502582
1611,8194,018833.9%
1750,8969,3871918.4%
1862,2728,7461914%

 

National Car Accident Statistics:

  • Two out of five deaths among U.S. teens are the result of a motor vehicle crash (CDC 2004).
  • In 2002, more than 5,000 teens ages 16 to 19 died of injuries caused by motor vehicle crashes (CDC 2004).
  • The risk of motor vehicle crashes is higher among 16 to 19 year olds than among any other age group. Per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash (IIHS 2005).
  • In 2003, teenagers accounted for 10% of the U.S. population and 13% of motor vehicle crash deaths (IIHS 2005).
  • In 2002, the estimated economic cost of police-reported crashes (both fatal and nonfatal – involving drivers ages 15 to 20 was $40.8 billion (NHTSA 2003).

Source: Massachusetts Registry of Motor Vehicles

Motor Vehicle Accident – $100,000

Client was a front seat passenger in T-bone collision in 2014.

Case Results: Attorney Brendan J. Noonan settled the claim for policy max of $100,000.

Slip and Fall in a Parking Lot – $130,000

Elderly client slipped and fell in a parking lot. The client broke her right shoulder. Attorney Gerald J. Noonan settled the case for $130,000.

Motor Vehicle Incident – $112,000

On May 30, 2014 Husband was operating his vehicle with his wife in the front passenger seat and they were stopped at a stop sign when they were rear-ended by a driver suspected to be under the influence of alcohol. The husband, an MBTA contractor, sustained some soft tissue injuries to his back for which he received physical therapy treatment, and the symptoms resolved and he returned to work.

Case Results: Attorney Patrick J. Noonan settled his claim for $12,000.

The wife sustained a tear to the left rotator cuff, which required surgery and three cortisone injections. The wife also sustained post-traumatic stress disorder because her son was killed in a motor vehicle accident years ago by a drunk driver and this incident re-triggered that underlying condition.

Case Results: Attorney Patrick J. Noonan settled her claim for the policy maximum of $100,000.

Motor Vehicle Accident resulting in Low Back Injury/Insurance Bad Faith – $149,000

67 year old client was rear-ended by another automobile. Prior to the accident the client was treating with an orthopedic surgeon for mild bilateral foraminal narrowing at L4-5 due to disc bulge and grade 1 anterolisthesis. The client underwent 3 epidural steroid injections prior to the accident and the orthopedic surgeon had discussed back surgery as an option. The back surgery consisted of L4-L5 decompression and transforaminal lumbar interbody fusion. After the accident the client’s pain and symptoms worsened and he underwent the L4-L5 decompression and transforaminal lumbar interbody fusion surgery. The insurance company argued that the problems with the client’s back and the need for surgery existed prior to the accident. Attorney Brendan J. Noonan retained an expert neurologist and an expert orthopedic surgeon. They looked over all the medical records and they argued that the MRI that was performed 7 days prior to the accident was different than the MRI that was performed 3 days after the accident. They were able secure a quick settlement with the other driver’s insurance carrier for the $20,000 policy limits. The underinsurance carrier however, dragged their feet for several years.

Case Results: One week before arbitration the client’s insurance company settled the claim with Attorney Brendan J. Noonan for $115,000.00. After settling the underinsured claim Attorney Brendan J. Noonan then brought an insurance bad faith claim against the client’s insurance company for unfair settlement practices under G.L. c. 176D. He settled that bad faith insurance claim for an additional $14,000 for a total recovery of $149,000.

Assault and Battery / Negligence – $160,000

On June 23, 2012, Clients attended a banquet at the Waterclub in North Quincy, MA. A bouncer assaulted Client 1 by placing him in a guillotine-style chokehold causing him to lose consciousness temporarily. The bouncer then kicked Client 1 in the right side of the face with his shod foot. Bouncers dragged Client 1 outside onto the boardwalk where they proceeded to assault him, kick him, and punch, as he remained defenseless on the ground. Meanwhile, Client 2 came to his brother’s assistance and he was assaulted in the process by the bouncers as well in a similar fashion, forcibly taken him to the ground and kicking him repeatedly, as he was curled in a fetal position. Client 1 sustained a laceration to the right eyebrow, which required ten sutures, and a second laceration to the right upper eyelid, which required two sutures. In addition, Client 1 sustained a concussion and post-concussive headaches, which required follow-up neurological treatment, which affected his performance at work. Client 2 sustained a broken nose and a concussion. After presenting the insurance company with evidence on liability, the first adjuster represented to Attorney Noonan that the insurance company was conceding liability. Unbeknownst to Attorney Noonan, the first adjuster left the insurance company. The second adjuster assigned to the claim denied liability and Attorney Noonan sent a 93A/176D demand letter to the insurance company alleging bad faith and misrepresentation. As a result, the claim was assigned to a third adjuster, a litigation specialist. In response to the 91A demand, the insurance company extended a preliminary settlement offer of $65,000 to settle both claims. Attorney Noonan obtained four witness statements from independent witnesses witnessing the bouncer assaults on both clients.

Case Results: Through extensive and hard-fought negotiations, the Law Office of Gerald J. Noonan was able to increase the settlement to a final figure of $160,000 to settle both claims.

Accident Caused by Defective Tire – Ruptured Breast Implant Injury – $175,000

In 2014 our Client was driving South on Route 24 in the high-speed lane when the front driver’s side tire from Jane Doe’s vehicle, which was traveling in the northbound lane, bounced over the jersey barrier and smashed into the client’s vehicle. The loose tire rolled over the hood and into and over the windshield. The tire effectively peeled back the vehicle’s roof. The Client was able to safely bring her vehicle to a stop in the high speed lane.

The Client was transported to Boston Medical Center. CT Scans were administered to clear the patient of fractures and soft tissue injuries. Tests were negative for both fractures and soft tissue injuries. No acute findings on head/neck/chest/abdomen/pelvis CT. Despite some subjective complaints of minor neck and pain, the client appeared to be fine.

However, the CT Scan revealed a discontinuous membrane of a the right silicone breast implant “which may represent rupture.” This wasn’t a serious finding so the client was scheduled a follow-up with a plastic surgeon and then discharged.

The Client presented to a plastic surgeon who ordered an MRI of the right breast implant. The MRI revealed a rupture. The MRI could not determine if the rupture was old/new, trauma-related or causally related to the accident.

According to the Institute of Cancer Epidemiology, Danish Cancer Society, Copenhagen, Denmark, a minimum of 15% of modern silicone implants can be expected to rupture between the third and tenth year after implantation. Furthermore, the risk of implant rupture increases with implant age. The Client’s breast implants were over 25 years old at the time of the accident. To make matters worse, ruptures of silicone breast implants are often “silent,” meaning patients and doctors may not notice them because most occur without symptoms. They can only be detected by MRI. For this reason, the FDA recommends that women with silicone implants get an MRI three years after implantation and once every two years after that. Given all this, the insurance companies were in a good position to refute and deny a causal link between the accident and the rupture.

Based on the CT scan, MRI and physical exam he could not tell if the rupture was old/new, trauma-related or causally related to the accident. Attorney Brendan J. Noonan learned these questions could be answered during the course of silicone breast implant removal and replacement surgery. Attorney Brendan J. Noonan  inquired with the plastic surgeon about this and he informed him that he might be able to make these determinations during the course of the surgery.

Attorney Brendan J. Noonan then arranged for the plastic surgeon to take steps to ensure the surgery was documented completely and accurately. The plastic surgeon had an assistant take several intraoperative photographs throughout the course of the surgery. After the surgery Attorney Noonan spoke with the plastic surgeon. The surgeon informed him that the rupture was indeed trauma related and that he could opine, to a reasonable degree of medical certainty, that the accident caused the rupture.

Attorney Brendan J. Noonan then took the medical record and information the plastic surgeon relayed to me over the course of our two conversations and wrote medical narrative. He then sent it to the plastic surgeon and he reviewed it, made some changes and signed it. Causation was not refuted by any of the insurance companies upon receipt of this information.

Liability/Damages/Settlement

  1. Settlement 1 (Insurance Company 1)
    The third-party liability carrier for the at-fault driver tendered their policy limits of $20,000 upon receipt of our demand.
  2. Settlement 2 (Insurance Company 2)
    The first-party underinsurance carrier tendered their policy limits of $30,000 upon receipt of our demand.
  3. Settlement 3 (Insurance Company 3)

Case Results: Attorney Brendan J. Noonan was able to work with the insurance companies to settled all claims for $175,000.00.

Premise Liability/Vehicle Backover Accident – $215,000

On the June 24, 2014, Client went to test drive a used truck at an auto dealership. However, the truck’s battery was dead. The sales agent pulled an SUV around and attached jumper cables to the truck’s battery and SUV’s battery in order to jump-start the truck. The sales agent did not connect the jumper cables to the vehicles’ batteries the correct way which resulted in a huge electrical spark. At that time the client, who had worked over 25 years as a mechanic, assisted by connecting the jumper cables the correct way. The sales agent then got in the truck to see if he could start it. When the truck failed to start he asked the client to go over to the SUV, which was still on/running, and give it some gas. The client went over to the SUV and reached his right leg into the SUV to apply his foot to the gas pedal. The client’s left foot was still on the pavement and most of his body was still outside the SUV when he pressed the gas pedal with his right foot. When he hit the gas the SUV leapt backwards and started driving in reverse. The client was knocked to the ground and then the front driver’s side tire rolled over his left foot and ankle. The client sustained an open fracture (aka compound fracture) of the left medial malleolus and an associated closed fracture of the lateral malleolus. Client underwent an open reduction and internal fixation of the medial malleolus fracture. The client also sustained a flesh wound as the medial malleolus bone fracture penetrated his skin exposing the actual bone, tendon and other interior aspects of his ankle. The surgeon was unable to close the wound during surgery. The client treated the wound with Negative-pressure wound therapy which is therapeutic technique using a vacuum dressing to promote healing in acute or chronic wounds. The wound later was infected by MRSA. A Methicillin-resistant Staphylococcus aureus (MRSA) infection is caused by a type of staph bacteria that’s become resistant to many of the antibiotics used to treat ordinary staph infections. The client had to be quarantined in the hospital for 5 days because of the MRSA infection.

The client died a year and a half after the accident due to causes unrelated to his injuries. The sales agent contested our version of events. He claimed he never asked the client to help him jump-start the truck and he never told the client to give the SUV gas and that the client did all this on his own. The insurance company argued that the client had years of experience as a mechanic and that he was negligent for applying one foot on the gas while the rest of his body remained outside the truck. They argued that he should have seen the truck was in reverse if it was in fact in reverse. Attorney Brendan J. Noonan was able to obtain surveillance video footage of the accident prior to filing suite. The footage showed the sales agent incorrectly arranging the jumper cables causing a huge spark and the client immediately rearranging the cables in the correct position after. The fact that the client died a year and a half after the accident complicated matters.

Case Results: Attorney Brendan J. Noonan was able to work with the insurance company to settle the claim for $215,000.00.

Slip and Fall in Parking Lot – $225,000

On January 27, 2007, Client tripped over a concrete parking bumper / car stop when exiting a pharmacy and sustained a fracture to the right hip, which required surgery. The insurance company made an initial offer of $100,000.00.

Case Results: Attorney Gerald J. Noonan and Attorney Patrick J. Noonan filed suit and the case was brought to Arbitration where the Plaintiff was awarded $225,000.00.

Motor Vehicle Accident – $225,000

Client was involved in a motor vehicle accident and sustained full thickness tears to the left and right rotator cuff, which required surgery. The insurance company made an initial offer of $99,000.00.

Case Results: Suit was filed and Attorney Brendan J. Noonan ultimately settled for $225,000.

Slip and Fall in a Parking Lot – $279,000

Client slipped and fell in a parking lot. She sustained an avulsion fracture of the right fibula which required surgical repair. She also suffered an anterior talo-fibular ligament tear which required surgical repair. Client also sustained serious nerve damage in ankle. Client underwent many rounds of many types of injections for pain management. Client underwent extensive therapy.

Case Results: The Law Offices of Gerald J. Noonan settled the claim for $279,000.

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Massachusetts Criminal Defense Trial Lawyers

The Law Offices of Gerald J. Noonan has been representing defendants against criminal charges throughout southeastern Massachusetts for more than three decades.