Attorney Rosenthal has more than 40 years of experience practicing law in the greater Boston area. His areas of expertise include:

PERSONAL INJURY

Personal injury (or “tort”) law is based upon the premise that, in many types of human relationships, we owe a duty to act as any reasonable person would act to avoid harming someone else. A driver who runs a stop sign, resulting in a collision between two cars, is responsible for the personal injuries suffered by others as a result of his negligence. A property owner who knowingly fails to take reasonable steps to keep the premises safe may be liable to someone (a tenant, a guest, or a delivery person) who is injured by a defect, whether it is a broken stair, snow and ice, or uncovered lead paint. A professional (such as a doctor, lawyer, or accountant) who fails to adhere to accepted standards of care in his/her field, and who causes physical or financial harm as a result, may be liable for malpractice.

In Massachusetts, a claimant may recover damages even if s/he is partly at fault for an accident; however, this doctrine of “comparative negligence” bars recovery if the claimant’s negligence is equal to or greater than that of the other party. If your car is rear-ended by another car, the odds are good that there is no comparative negligence. In an intersection accident, however, an attorney’s advice is needed to determine the likelihood of success of your claim, and to advocate zealously on your behalf.

If you are involved in an auto accident, do not give a written or tape-recorded statement to a representative from ANY insurance company (either your own or the other driver’s) until you have consulted an attorney.

Ready to talk to a lawyer? Call Steven B. Rosenthal at the Rosenthal Law Firm today.

SOCIAL SECURITY DISABILITY CLAIMS

The Social Security Administration (hereafter “SSA”) will pay you monthly benefits if you become disabled. In order to be considered disabled, you must show by “substantial evidence” (much less than “beyond a reasonable doubt”) that you have been or are likely to be unable to engage in substantial gainful employment for at least one year.

There are two types of disability benefits. If you have a work history prior to becoming disabled, your disability benefits will be based on your earning capacity over the previous ten years. If you have never worked, or have worked less than ten out of the last forty quarters, then you are still entitled to “supplemental security income” disability benefits.

How do you prove that you are disabled? SSA publishes detailed categories. If you meet one of the published criteria, you will automatically be considered disabled. If you don’t meet one of the published criteria, but have physical or mental impairments, you may still be entitled to benefits if you show that you lack the “residual functional capacity” to do substantial work.

The process for obtaining disability benefits begins the day you apply for them. There are three stages: (a) Your application will be reviewed by your local SSA office. Most of these applications are denied. (b) You must then ask for “reconsideration” of your claim. A different SSA department will review your application. Many if not most of these applications are denied as well. (c) You must then request a hearing before an “administrative law judge.” You should definitely hire an attorney to represent you at this hearing. An experienced attorney will gather the evidence to show that you meet a published criterion for disability, or that you lack the residual functional capacity to do substantial work.

At each stage of this process, you must request the next stage – reconsideration or a hearing – within the time limit stated when your claim is rejected. In other words, DON’T GIVE UP! If you ultimately prevail, you are entitled to benefits retroactive to the date of your original application. If you miss the deadlines for reconsideration or a hearing, then you must start the whole process over again.

An attorney may charge you for his/her time in representing you in your claim for benefits. Any attorney who charges by the hour must have his/her fee approved by the administrative law judge. The fee will be paid from your retroactive award, and will be capped by law. In the alternative, an attorney may charge a fee of no more than 25% of your retroactive award, again capped by law. In the latter case, if your claim is unsuccessful, you do not have to pay the attorney.

If you are looking for expert representation, contact The Rosenthal Law Firm today.

REAL ESTATE PURCHASES AND SALES

 If you are selling your home, you need counsel to negotiate the terms of the sale with the buyers or their attorney and to draft the appropriate documents. As the seller, you must be sure that you are conveying “good, clear, marketable title” to the property to the buyer. Assuming the buyer borrows part of the purchase price, you need your own attorney to explain the pile of documents the buyer’s lender’s attorney will expect you to sign.

If you are buying a home, you should consult an attorney to review and make any necessary changes to the “purchase and sale agreement” (or “P&S”) drafted by the buyer’s broker or attorney. Although a standard form P&S is available, an attorney will review it with you and add or delete language necessary to protect your interests. Do not rely on your lender’s attorney to protect you; while a lender’s interests are similar to yours, they differ in important ways. You need your own attorney when the sale is finalized to explain the pile of documents your lender’s attorney will expect you to sign – many of which favor the lender, not you.

Don’t delay — contact Steven B. Rosenthal of The Rosenthal Law Firm today.

WILLS AND ESTATES

Even if you have a relatively small estate, or if you and your spouse own all of your assets jointly, each of you still needs three documents: a will, a power of attorney, and a health care proxy. The first spouse to die has no estate to probate if all assets are jointly owned. The problem is, who plans to die first? Or suppose both of you die in the same accident? Wills for BOTH spouses allow you to control the distribution of your assets.

Other important issues can be anticipated in a will. For example, someone must be nominated as the “personal representative” of your estate if your spouse predeceases you, or if s/he is unable to serve in that capacity due to age or infirmity. If both spouses have died leaving minor children, who will be the guardian(s) of those children? Who will manage money for these minors until they are old enough to manage it themselves? Do you want your child to obtain total control over the estate assets when s/he turns 18, or do you want to ensure that money is available for his/her education rather than a convertible? A will can dictate the management and use of the money in your estate several years after your death.

Without a will, a probate court will have to decide who shall serve as the representative of your estate. You don’t want your children bickering in court, saying, “Mom always like you best.” In addition, without a will, the division of your estate is determined by law, which may not coincide with your wishes.

You also need a power of attorney, nominating someone to make financial decisions on your behalf if you become incapacitated. In most cases the spouse is nominated, but if no spouse is available, then who will make deposits in your bank account, deal with Social Security or your employer, or make insurance claims? Without a power of attorney, a fight may break out among your children or relatives over who should be in charge.

You also need a health care proxy, nominating someone to make health care and end-of-life decisions if you become incapacitated. Once again, if no spouse is available, someone must assume that responsibility. Obviously this is a serious matter to be discussed with your family before such decisions have to be made in an emergency.

Contact Steven B. Rosenthal today for expert advice and representation.

APPEALS

After a judge’s decision or a jury verdict in a trial, one party or sometimes both parties are unhappy. Any party who is “aggrieved” by a trial decision has the right to seek review by an “appellate court.” The purpose of the appeal is not to re-try the case, but to argue that the trial court judge made an error of law that affected the outcome of the case. Perhaps the judge admitted improper evidence, or gave confusing instructions to the jury.

In this state, the first level of appeal is in the Massachusetts Appeals Court. Your attorney will draft written legal arguments or “briefs” outlining the reasons the trial court decision should be reconsidered. You need experienced counsel to draft the most convincing arguments and to argue on your behalf in court. If your appeal is unsuccessful, you need counsel to decide whether to seek “further appellate review” by the Supreme Judicial Court of Massachusetts.

Attorney Rosenthal has years of experience in Massachusetts and federal appellate courts. Other lawyers hire him to write briefs for their clients, or to take over the appeals entirely. Individuals hire him as well. He is also on a panel of attorneys who represent indigent parties in cases involving the care and protection of children. He has taught courses in legal research and writing at Lasell University for more than 14 years. Many of his students have gone on to successful careers as attorneys.

Don’t gamble with your appeal — call The Rosenthal Law Firm today for expert representation.

 

Contact us now for a free consultation with The Rosenthal Law Firm