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Litigation

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.