Litigation

Sometimes communication breaks down between two parties, disagreements occur, and stronger measures are called for. When it comes time to bring your matter to litigation, we have an experienced team of qualified legal professionals who can take you through the process as efficiently and cost-effectively as possible.

Representing businesses and individuals throughout Hampden, Hampshire, and Franklin counties, Bacon Wilson can handle most types of civil litigation that you encounter in federal and state courts, including:

Automobile accidents

If you've been in an auto accident, you probably need help settling and paying your medical bills, dealing with insurers, and bringing litigation for your injuries. Our legal team can help.

Brownfields Redevelopment Counseling

A Brownfield site is real property in which the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Brownfield sites are often abandoned industrial or commercial sites.

Previously, both developers and their lenders steered far clear of these sites for fear that the substantial environmental cleanup costs involved would reduce the anticipated project profit margin. Commercial lenders also feared that, in the event of a foreclosure, the bank would be burdened with a contaminated property and substantial attendant cleanup costs.

New federal and state legislation (the Small Business Liability Relief and Brownsfields Revitalization Act, and the Brownsfields Act: Chapter 206 of the Acts of 1998, respectively) now provide financial incentives that can allay these concerns and have reinvented the business model regarding these sites. Our attorneys can help guide you through the process of purchasing and developing a Brownsfields site.

Consumer protection claims

If you need assistance with bringing actions and defense relating to consumer claims, our lawyers can help you represent your interests.

Contract disputes

In the event that you find yourself involved in a dispute relating to a breach of contract claim, our attorneys can help you work toward a favorable resolution. We can also review any contracts before you sign them to avoid potential disputes in the future.

Discrimination

Everyone knows that the law prohibits discrimination based on sex, age, religion, or ethnicity, but there are many other areas that can be troublesome for an employer. Before you make a decision about such things as who can and cannot take leave to care for a sick or disabled loved one, or what is or is not a reasonable accommodation, it's a good idea to consult with an employment law attorney.

General civil litigation

In the event that you need representation to resolve legal disputes through the courts, mediation, or arbitration, Bacon Wilson can help.

Harassment

Massachusetts law may hold employers liable for harassment or retaliation, be it sexual harassment or for other reasons, even if it was not a supervisor who engaged in prohibited activity. If a supervisor or a managerial employee learns that a worker is being harassed by another employee, it is imperative that immediate remedial steps are taken to avoid liability. It is a good idea to consult with an employment law attorney to avoid problems.

Injury claims

If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.

Medical malpractice

When medical treatment mistakes are made that cause serious harm to you or a family member, we can help you obtain restitution for your pain and suffering.

Negligent hiring prevention/defense

An employer may be held liable for an intentional or illegal act committed by his employee. The employer's knowledge of past acts of impropriety, violence, or disorder by an employee may be sufficient to forewarn the employer that the employee may engage in future wrongful conduct. Bacon Wilson can help counsel you in hiring responsibly and what to do if you find yourself the target of a negligent hiring suit.

Personal injury claims

If you've been injured in an auto accident, a slip-and-fall situation, or at work, or if you're the victim of negligent medical treatment, you probably just want life to get back to normal. Our legal team can handle the coordination of medical expense payments and deal with insurers so you can concentrate on recovering.

Probate

Probate is a court proceeding in which the following events take place:

  • The validity of your will is determined or your intestate (without a will) estate is settled
  • An executor or administrator is appointed
  • The executor or administrator inventories all of your assets that you held individually at your death
  • All your debts, taxes, and probate administration fees are paid
  • Distributions are made in accordance with the terms of your will or according the laws of intestacy in the that event you die without a will

This process does not occur overnight, and requires significant expertise to administer it properly in order to avoid prolonged lawsuits. Probating an estate can be very expensive and can take years to complete. It is not a private process, meaning that anyone can see what assets you have and where the assets are transferred. If these are areas of concerns for you, it's important to understand how to avoid the probate process. Bacon Wilson attorneys possess extensive experience in this area.

Product liability

If you or a family member are injured by a defective product and need assistance in your recovery against the manufacturer of the product, our legal team can guide you through the process.

Severance agreements

There are two primary goals of employers in offering severance packages to employees: first, extending fairness and compensation to longer-term employees and second, reducing the employer's exposure to potential liability in a lawsuit or administrative claim. Severance packages are complicated and best offered under the direction of an employment law attorney.

Slip and fall cases

If you suffer from injuries caused by a fall on a property such as a store, parking lot, or another area not properly maintained in safe condition, the Bacon Wilson attorneys can help.

Wage and Hour

The way employers compensate their employees and account for their time has become a crucial issue for companies. With an increase in the penalties that courts are awarding, in addition to unpaid wages, interest, and attorneys' fees, complete compliance is essential, as penalties could be exponential. Our employment law practice group has significant experience in representing employers and employees in wage and hour claims to help you, including:

  • Defending employers in individual and class action litigation brought by private plaintiffs
  • Representing employers in disputes with governmental agencies
  • Auditing pay policies to ensure compliance with state and federal regulations
  • Advising employers in the administration of day-to-day payroll processing disputes
  • Representing Plaintiffs in actions against employers for failure to properly pay wages.

Our unique position of being capable of representing both employers and employees provides you with invaluable experience in the field of wage and hour law.


What People Are Saying...

  • “When I had my first will done several years ago, it was one page and no fine details. Then I met attorney Gina Barry, and a dozen pages later I have a perfect will. Gina’s knowledge and attention to detail is outstanding. I highly recommend using her for any type of estate planning.” -Debbie

    “I have had nothing but great results when Mike Katz has been doing work on my behalf. Mike is an excellent negotiator is a great communicator with the best interest of his clients as the top priority.” July 13, 2011

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  • “Hyman Darling and I have had mutual clients over the years. I continually network with attorneys, financial planners and CPAs as we each handle different aspects of clients' needs. I cannot count the number of times Hyman has been highly spoken of, and considered the "go-to-guy" for elder law planning. He is carries himself with utmost grace, and his expertise in the field is second to none. He is in high demand amongst attorneys who need the highest level of knowledge and understanding with particular cases. Hyman’s record speaks for itself.” December 6, 2010

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  • “I have known Gina Barry since 2003 when we met at a professional group BNI. Since then, I have hired her to work with my mother's estate as well as prepare my own will. I have found her integrity and expertise in her field second to none. Gina has the ability to carefully plan your life estate so you can rest assured, live your life without doubt!” December 21, 2008

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  • “From the first time I met Kevin he listened to my situation and discussed the possible scenarios that could take place. I decided, with his advice, and direction, a course of action that was comfortable for me. Kevin implemented the plan and informed me of changes through phone and email. Kevin was open to resolving the situation and was always looking out for my best interest. I would highly recommend Kevin as a litigation attorney.” January 7, 2009

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  • “Jeff provides our non-profit corporation with outstanding legal advice relating to the operation of a fiber optic network, cable TV PEG matters, community outreach, government relations, and non-profit regulations. He combines his comprehensive legal knowledge with experience-based advice on telecommunications and non-profit business operations to provide a 'one stop shop' for our company.” January 25, 2011

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  • Dear Gina (Barry),

    Thank you once again to you and your superb team for assisting me with the MassHealth situation. You truly continue to be a life saver for me… You keep me steady by responding with terrific legal and general health solutions, which are really very appreciated.

  • Stan

    Julie (Dialessi-Lafley,) thank you for everything yesterday. You are truly the best attorney ever

    Valerie