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Attorney
Donald W. Frank
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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. |
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Personal
Injury Law |
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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.
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Need
more information? Please feel free to submit
your inquiry for a complimentary, confidential reply. |
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Employment
Law |
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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
Dominos 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.
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Need
more information? Please feel free to submit
your inquiry for a complimentary, confidential reply. |
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Criminal
Law |
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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
clients 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.
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Need
more information? Please feel free to submit
your inquiry for a complimentary, confidential reply. |
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