Frank Law Offices
   
 
 
Attorney Donald W. Frank
 
 
 
Personal Injury Law | Employment Law | Criminal Law
 
  Frank Law Offices is equally at home in the civil, criminal, probate and administrative courts. Attorney Frank has conducted hundreds of hearings and tried over one hundred cases...an experienced litigator, he has successfully handled murder, discrimination, child custody, personal injury and business law matters.
 
  Personal Injury Law
 
 

Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are:

  • loss of earnings capacity,
  • pain and suffering, and
  • reasonable medical expenses.

They include both present and future expected losses.

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories:

  • intentional torts (e.g., intentionally hitting a person);
  • negligent torts (causing an accident by failing to obey traffic rules); and
  • strict liability torts (e.g., liability for making and selling defective products).

Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

Frank Law Offices is highly experienced with personal injury and complex litigation and has obtained successful results in every aspect of personal injury from auto accidents to wrongful death. The firm has a solid history of obtaining favorable results in cases against persons, states and cities.

Frank Law Offices takes pride in the ability to provide personal attention in every type of case. Attorney Frank's extensive courtroom experience has garnered the respect of colleagues throughout the legal system. The firm welcomes trying courtroom cases, as excelling in that arena can positively affect a reasonable damage award.

Attorney Frank won an award in academic achievements in torts-personal injury while attending law school and has been practicing in the area since coming into practice in 1986.

   
  Need more information? Please feel free to submit your inquiry for a complimentary, confidential reply.
 
 
  Employment Law
   
 

Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.

Employment has always been a favorite area of law at Frank Law Offices. Attorney Frank has tried many employment cases to successful conclusion. The firm recently represented a Domino’s franchisee where an employee sued for numerous counts in Federal District Court. Attorney Frank was able to get all but one count dismissed prior to trial. The jury found for the employer on the remaining claim (under the Family Medical Leave Act) after five days of trial.

   
  Need more information? Please feel free to submit your inquiry for a complimentary, confidential reply.
 
 
  Criminal Law
   
 

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.

Frank Law Offices has extensive credentials in the field of Criminal Law and has successfully tried hundreds of cases including but not limited to:

  • drug,
  • DWI,
  • rape,
  • murder and
  • other crimes in various courts throughout Massachusetts.

Attorney Frank has successfully obtained "not guilty" verdicts in a range of cases. In fact, many criminal defense attorneys seek his expertise, particularly in the field of "operating under the influence" charges.

Frank Law Offices has represented many clients charged with murder, both as a consultant and as lead counsel, and obtained statewide recognition in a recent murder case where we were able to get our client’s two unrelated confessions suppressed on unrelated grounds.

Attorney Frank has been told by at least one judge, following a trial, that he conducted "the best cross-examination that [she has] ever seen." Furthermore, he has been complimented by judges, clients and opponents alike for excellent court room skills.

Attorney Frank has been selected by the Committee for Public Counsel Services to serve as a panel member with other highly accomplished attorneys in representing indigent clients charged with murder,
is an active member of the Massachusetts Association of Criminal Defense Attorneys and has also been involved with the National Association of Criminal Defense Attorneys.

   
   
 
  Need more information? Please feel free to submit your inquiry for a complimentary, confidential reply.
 
 
   
Frank Law Offices :: 95 State Street :: Springfield :: Massachusetts :: 01103 :: PH: 413.733.2898 :: FX: 413.733.2899 :: E: info@franklawoffices.com
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