Criminal Law

• Criminal Defense
  While this blog's purpose is to help clients, media and the public better understand important legal issues affecting criminal law and injury law in…
• DUI/DWI
  The law of social host liability expands liability for injuries caused by drunk driving accidents and other accidents caused by alcohol, from the person who actually caused your injuries, to the person who served that individual the alcohol in the first place. For example, if "John" hosts a party at his home where he serves alcohol, and "Jim" attends the party, becomes intoxicated, drives home and injures you in a Massachusetts drunk driving accident, the law of social host liability can make the party host, "John," liable for your injuries in addition to "Jim." This body of law does not
• Wrongful Death
  When you consider that over 1.3 million people use some form of public transportation provided by the MBTA every day (in whatever form – streetcar, subway, bus, train or ferry,) it’s no surprise that injuries can and do occur. The phrases “MBTA accident” or “MBTA injury” are general ones, and can apply to a wide variety of injuries that might occur on premises or properties that are either owned or operated by the MBTA. Such injuries usually occur due to unsafe conditions on the property, for which MBTA may be liable. Examples of some types of accidents and injuries can range from Massachusetts slip and fall/trip and fall accidents to Massachusetts wrongful death actions. Injuries occurring on MBTA property can be caused by a variety of reasons, among them...
• Traffic Violations
  A 37-year old woman suffered massive cerebral and internal injuries when she was struck in a crosswalk by a speeding delivery truck.
• Sex Crimes
  These cases are among the saddest that we see. The decision to place an aging or infirmed loved one in a licensed care facility is usually one of the most difficult, heart-wrenching decisions a family can make. However, sometimes it proves unavoidable, and family members have a legal, contractual, and moral right to expect that their loved one will receive appropriate care and treatment from a nursing home. Far too often this does not happen, especially at facilities that are understaffed or that fail to properly supervise their employees. Most nursing homes these days are owned by huge out-of-state corporations - even if the name on the nursing home hasn’t changed in years, and the quality of care at thousands of such care facilities has plummeted, driven by cost-cutting and the relentless drive for profits ahead of patients. Many nursing home residents suffer from bedsores, overmedication, slip and fall accidents, or even egregious misconduct like physical or sexual assault. These cases are often among the worst that we see, and we don’t stand for them - not one iota. These tragic events can often form the basis of a nursing home neglect or abuse action, and we litigate these abuse cases very, very aggressively. We simply won’t stop until we discover every last piece of evidence in favor of our client. In some cases, serious wrongdoing may allow a resident or their family to seek punitive damages in addition to compensatory damages.
• Robbery
  If you have been the victim of any of these types of accidents, the same immediate rules here apply that I advise clients of elsewhere on this website, regarding a motor vehicle accident: Document as much as you can as soon as possible, by taking photos and getting the names and contact information of any witnesses. Other than to report that you were injured on their property, do not make any other statements to the property manager or owner, and do not speak with any of their insurance representatives until you have had the chance to speak with an attorney first.
• Drug Crimes
  Boston Criminal Defense Lawyer - Law Offices of William D. Kickham, Esq. Website - Clerk-Magistrate Hearings, DUI/OUI, Drug Offenses, Sex Offenses, Domestic Violence, Traffic Violations
• Assault
  Defense attorneys and liability insurance companies like to term a variety of brain injuries as “mild.” At the Law Offices of William D. Kickham, we know from years of experience handling these cases, that brain injuries which a defendant or an insurance company considers "mild" are anything but "mild" to the accident victim. Brain injuries considered “mild” can often produce symptoms severe enough to disrupt memory, mood, and basic cognitive functioning. Medical science has come to accept that a person suffering a traumatic brain injury can become a completely “different person" after the injury, than he or she was before the injury – whether or not the skull was fractured or punctured in the process of the injury.
• Identity Theft
  "No one ever figures they'll be the victim of identity theft, and suddenly it happened to me. Beyond the initial shock, the worst result was that the credit card companies and credit reporting agencies were reporting that it was me - not the thief who stole my identity - who had defaulted on all the bogus credit accounts opened in my name. I spent months trying to deal with these banks and credit agencies, trying to convince them that it was not me who opened these accounts and defaulted on them, and begging them to clear my credit reporting record. I must have called at least fifty people, and spent tens of hours on the phone - all to no avail. I was at my wit's end. When my friend suggested I call you, it was the best thing that ever happened to me surrounding this nightmare. Because of the tough stance you took against these banks and credit reporting agencies, I finally got my name and credit history cleared up. I can't thank you enough for all that you did for me."
• Hit and Run
  Uninsured motorist claims: This provision is helpful for those injured in a hit and run accident, or by an uninsured driver, such as a driver from another state in which insurance is not required. Again, in most cases compensation may be sought under your own insurance policy. What if I Sue, and am Awarded Damages - Will I Have to Reimburse My Health Insurer for any Bills They Paid for My Care?

Business and Corporate Law

• Intellectual Property
  All of the Intellectual Property, including, without limitation, all content, text, graphics, video and sounds on the Firm Website, and all computer code associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Firm has expended substantial time and effort to create the Firm Website, and the Content and Services provided through the Firm Website, and that the Firm exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.

Employment Law

• Workers Compensation
  Injuries that are suffered at the workplace or on the job fall under a separate area of law known as "Workers' Compensation." Most states, including Massachusetts, have statutes that separate out how injury claims that are incurred at the workplace are treated legally, vs. injuries that occur completely unrelated to the workplace. In Massachusetts, the Workers' Compensation Act is governed by Massachusetts General Laws. C. 152.

Property Law

• Premises Liability
  The "liability" stems from the fact that both business owners and homeowners have the responsibility under Massachusetts law to maintain their premises in a safe condition, for all persons who might reasonably be expected to enter onto the premises. When premises owners fail to maintain their premises in a safe manner as the law requires, they may be liable to you for your injuries. Compensation you may be entitled to includes (but is not necessarily limited to) medical bills, rehabilitation expenses, lost income, and pain and suffering. It’s also important to note that while most cases that fall under “Premises Liability” involve slip and falls, they also include other types of incidents and injuries, such as when a person is attacked on someone else’s property (usually a business or commercial property) due to the owner taking inadequate security measures to prevent crime.

Health Law

• Personal Injury
  People who have been struck by a careless driver in Massachusetts have important legal rights that they can assert. They may be facing substantial medical bills as well as loss of income, and their injuries may cause significant pain and suffering. Victims can recover these damages and more by proving that a driver was negligent in causing the car accident that resulted in their injuries. This involves showing that the driver failed to act safely behind the wheel. They might have been texting on a cell phone, have run a red light, or have failed to take changing road or weather conditions into account, among other examples. Following an accident in Boston or beyond, personal injury attorney William D. Kickham can uncover the right evidence to prove that the other driver acted negligently and that this negligence caused his client’s injuries. A strict statute of limitations governs most of these claims, so it is critical to take action without delay.
• Medical Malpractice
  Although most people would be stunned to learn the true level of medical malpractice (or “medical negligence”) that occurs in this country, as an experienced medical malpractice attorney serving the greater Boston area, the truth is, nearly 100,000 patients die each year from medical errors. And consider: That figure reflects only the actually reported cases – many times that amount are never even reported at all, due to patients and their families either not possessing enough information to proceed ahead with a legal action, or by just being intimidated by the overall, complex healthcare industry in the United States. Research has indicated that the number of medical negligence cases officially reported, represents only about 15 to 20 per cent of the amount actually occurring.
• Auto Accidents
• Dog Bites
  Not surprisingly, a person's face is most likely where a dog will bite, causing trauma, infection, and scars. Wounds can vary, depending on many factors including size and breed of dog. Hands and ankles are also common targets. More serious dog bites and other animal attacks can cause bones to break and/or leave extensive scarring. Often there is also emotional and psychological trauma associated with dog bites and attacks to both the victim and the person witnessing such an attack. These psychological injuries can often be permanent. Medical treatment can be very expensive and may involve visits to a hospital, treatment by psychotherapists, and plastic surgery. You may be entitled to medical expenses compensation, as well as damages for lost income, pain and suffering, and, at times, punitive damages.
• Slip and Fall Injury

Trusts and Estates

• Estate Planning
  The client, a successful businessman, wished to execute a will and related estate planning documents leaving his 30 year-old daughter substantial assets, but was concerned about his daughter's excessive purchasing habits and poor money management ability.