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Law Offices of Daniel J Moynihan PC                                                 E-MAIL: moynihanlaw@verizon.net
PHONE: (781) 438-8800

Law Offices of Daniel Moynihan

About

The office is a general litigation firm, with an emphasis on personal injury cases. Attorney Moynihan has tried numerous injury cases to successful verdicts and has negotiated settlements on wrongful death cases in excess of one million dollars in value.

The office also emphasizes criminal defense, including misdemeanors, felonies and juvenile delinquency offenses. Cases include OUI offenses, assault and battery offenses, domestic violence, criminal motor vehicle offenses, drug charges, license loss cases and other misdemeanor and felony cases.

The office also handles general business litigation cases, including breach of contract cases between individuals and businesses and violations of the consumer Protection Act, as well as probate and divorce cases and various other litigation matters. In addition, the office serves as counsel for the State Police Association of Massachusetts (S.P.A.M.), one of the largest unions in Massachusetts, which includes all Troopers and Sergeants in the Massachusetts State Police

Please call to inquire about other areas of practice!

FIRM MEMBERS

Services

Personal Injury

Our office represents individuals and their families who have been wrongfully or accidentally injured or killed as a result of another’s actions. We specialize in helping our injured clients through such difficult and emotionally exhausting times, allowing them to focus on recovery from their loss or injuries, while pursuing their claims to a successful result.

When an injured person retains our office, we communicate with insurance companies on their behalf, coordinate health benefits, coordinate medical billing related to the injury with their insurer, and even obtain lost wages from their insurer, when possible. We then investigate and analyze the claim, negotiate a favorable settlement with insurance companies, and, whenever necessary, advocate for our clients in Court, through litigation and trial.

Injury cases are always emotional. No one should rush to make any decisions, accept any money, or sign any release without first consulting an attorney. Our office has handled thousands of personal injury cases, trying cases to successful verdicts and negotiating settlements in excess of one million dollars. We will make sure you are fairly compensated for your injuries and are satisfied with the result.

We excel at handling:
  • Auto Accidents
  • Work Accidents
  • Pedestrian Accidents
  • Hit and Run Accidents
  • Uninsured cases
  • Underinsured cases
  • Slip and Fall injuries
  • Premises Liability cases
  • Construction injuries
  • Medical Malpractice
  • Wrongful Death cases
  • Social Host Liability cases
  • Defective Products cases
  • Other General Liability cases

Criminal

Our office represents individuals who have been charged with criminal offenses, including felonies, misdemeanors, and juvenile offenses. We will use our decades of criminal trial experience to ensure that you are treated fairly and obtain a just resolution of your case.

Cases we routinely handle include:

  • OUI/Impaired Driving offenses
  • White-collar crimes
  • Criminal motor vehicle offenses and License Loss
  • Motor vehicle homicide charges
  • Drug charges
  • Larceny cases
  • Restraining Orders
  • Domestic Violence cases
  • Assault and Battery offenses

Family Law

Practicing Family Law in Massachusetts requires extensive knowledge of the law and an understanding of the difficulties confronting anyone going through a separation or divorce. Our office can help you through your divorce, child support issues, or restraining order issues, and advocate for you so as to achieve a fair and equitable solution to this extremely emotional process.

We are here to support you through:

  • Divorce
  • Child Support
  • New Orders
  • Modifications
  • Restraining Orders

Probate Litigation

Unfortunately, there are many occasions where disputes arise between family members about the interpretation of a loved one’s will or wishes, or the method of distribution of an estate. If a will has been challenged, if you wish to challenge a will, or if you need assistance in the administration of an estate, our office is experienced in litigating these disputes to a successful resolution.

If your future has not been adequately protected and you find yourself in a dispute over a loved one’s will or estate, our office is experienced atthe critical details of Massachusetts Probate Law to protect your interests.

We can help protect your family and assets with:

  • Drafting or Amending Wills, Powers of Attorney, and Health Care Proxies
  • Probate and Estate Litigation

Labor and Employment

Our Office serves as counsel for the State Police Association of Massachusetts, which constitutes the union for all Troopers and Sergeants employed by the Massachusetts State Police. As such, our office provides representation to all Troopers and Sergeants in connection with employment related issues, including Internal Affairs Investigations, interviews, Trial Boards, and the Civil Service Commission.

Our office also provides representation to Troopers and Sergeants who are involved in emergency, rapid response activities, including shootings and homicides, in the line of duty.

Also, our office provides defense to Troopers and Sergeants who are the subject of civil rights litigation in federal courts. Finally, our office also represents individual law enforcement officials in connection with labor and employment issues in various municipalities.


General Litigation

We are here to serve all of your litigation needs. Our office has amost three decades of courtroom experience and are here to advocate for your interests. Please contact us to inquire about a type of case not listed

  • Consumer Protection
  • Landlord Tenant
  • Collection
  • Breach of Contract
  • General Business Litigation
  • Insurance Subrogation
  • Insurance Defense

Estate Planning

In planning for your future, it is important to have an attorney who understands how to protect your family and your assets. The new Massachusetts Probate Code changes the way many wills are drafted and interpreted. The Law Office of Daniel Moynihan can draft a will, power of attorney, or health care proxy to protect your wishes and your assets.

We can help protect your wish, you family and your assets by drafting or amending:

  • Wills
  • Powers of Attorney
  • Health Care Proxies

Case Results

PERSONAL INJURY RESULTS:
Motor Vehicle Accident 
Wrongful Death Settlement Obtained Against Drunk Driver
When a college student was killed in an accident with a drunk driver, The Law Office of Daniel J. Moynihan obtained a $150,000 settlement for her Estate, from multiple insurers, despite limited insurance availability on the part of the primary party
Social Host Liability
$135,000 Settlement for Memorial Day Party Injury
A guest in attendance at a backyard party sustained severe burns when an inebriated guest knocked a vat of hot frying-oil onto him. The client’s injuries caused him a permanent loss of function in his burned foot, substantial medical bills, and the loss of his income. The Law Office of Daniel J. Moynihan brought a claim against the party host’s homeowners insurance, obtaining a $135,000 settlement.


MOTOR VEHICLE ACCIDENT/UNDERINSURED MOTORIST 
Motor Vehicle Accident and Underinsured Motorist Benefit
$225,000 Combined Direct and Underinsured Settlement for Injured Driver
A motorist sustained severe shoulder and neck injuries in a rear-end accident. The maximum available insurance, of $100,000, was obtained from the responsible party. The Law Office of Daniel J. Moynihan then filed a claim for UnderInsured Benefits with the motorist’s own insurance, obtaining an addition $125,000, for a combined settlement for the motorist of $225,000.
CONSTRUCTION SITE INJURY 
General Liability/Construction Site
$750,000 Settlement Obtained for Work Injury
A municipal employee was caused to fall in accumulated water on the top floor of a school, as a result of the negligently maintained roof, which was being renovated by a general contractor. The employee suffered serious injuries necessitating a spinal fusion surgery, lost wages, and sustained a permanent loss of function. The Law Office of Daniel J. Moynihan filed suit and obtained a $750,000 settlement for the employee


MOTOR VEHICLE ACCIDENT/WRONGFUL DEATH 
Wrongful Death Settlement Obtained Against Reckless Truck Driver
The Plaintiff, a wife and mother of three children, was employed as a gas station clerk. As Plaintiff was checking the level of the station’s underground tanks, she was struck and killed by a truck, driving through the station at an accelerated rate of speed. The Law Office of Daniel J. Moynihan filed suit against the truck’s owner, and after discovery, obtained a settlement for the Plaintiff’s family in the amount of $250,000.

GENERAL LIABILITY/SPORTING EVENT 
Office Pursues Claim for Injured Fan
When a local Patriots fan was attacked and injured by rival fans while visiting that rival’s stadium, The Law Office of Daniel Moynihan pursued a claim against that rival team for negligently failing to provide adequate security in the lot outside its stadium, and obtained a settlement prior to trial in the Federal District Court.


 General Liability/Home Health Care Negligence 
Office obtains $180,000 Settlement for Negligent Care of Elderly Woman
An 84 year old woman was under the care of a home health aide, who failed to follow the family’s instructions for the woman’s care and transport. As a result, the elderly woman was caused to fall from a wheelchair in her home, and sustain serious injuries, leading to her death. The Law Office of Daniel J. Moynihan brought suit on behalf of her surviving husband and children, and on the day of closing arguments during the trial, obtained a $180,000 settlement for her surviving heirs.
 Medical Malpractice 
Medical Malpractice Results in $300,000 Settlement
When a client suffered injuries in an unsuccessful bladder surgery, The Law Office of Daniel J. Moynihan filed suit against the negligent surgeon. When the physician denied that he was negligent, Attorney Moynihan obtained another physician’s opinion who argued the surgeon was negligent. In addition, during discovery, Attorney Moynihan investigated the surgeon’s background, finding numerous incidents of unprofessional behavior. As a result of the potential admissibility of the surgeon’s history, the surgeon’s insurer sought to settle before the trial.

BUSINESS LITIGATION
Office Successfully Defends Local Business Against Insurer’s Deceptive Practices CONSUMER PROTECTION AWARD
A worker’s compensation insurer filed suit against a Lynnfield, Massachusetts business, defended by The Law Office of Daniel Moynihan, seeking insurance premiums. Our office filed a counterclaim alleging breach of contract and violations of the Massachusetts Consumer Protection statute, as the insurer had failed to properly handle claims or mitigate the damages and costs. After a two week jury trial in Newburyport Superior Court, the jury returned a verdict in our client’s favor and against the insurer, and the judge awarded $158,000 in statutory damages to our client, to be paid by the insurer who brought suit.
Discrimination Allegations Against Local Business Dismissed 
When our client, a Stoneham, Massachusetts construction firm, was sued before the Massachusetts Commission Against Discrimination, The Law Office of Daniel J. Moynihan thoroughly investigated the allegations and obtained a dismissal of the allegations in only a matter of weeks.

LANDLORD – TENANT
 Office Obtains Successful Verdict for Landlord 
Our client, a Reading, Massachusetts landlord and small business owner, was sued by a former tenant for alleged violations related to her tenancy, seeking $75,000 in damages. Following a three day trial, the jury returned a verdict in favor of our client.

CRIMINAL DEFENSE/MOTOR VEHICLE HOMICIDE
Office Obtains Verdict for Motorist 
The client, an 18 year old high school senior, was involved in a motor vehicle accident at a dangerous intersection in Dracut, Massachusetts. The other driver, who was operating a motorcycle, was killed in the collision and the client was charged with Motor Vehicle Homicide. The Law Office of Daniel J. Moynihan thoroughly investigated the case and retained an accident reconstruction expert. After a four-day trial in the Lowell district court, the jury returned a verdict in favor of our client.


DIVORCE
Court Denies Cruel and Abusive Allegations 
Upon their separation, our Woburn, Massachusetts client’s immigrant husband sought for their marriage to be dissolved on the grounds of cruel and abusive treatment in an effort to assist his immigration status. The presiding judge rejected the frivolous allegations of abusive treatment, ruling in our client’s favor and awarding $5,000 in attorneys’ fees, pursuant to a post-judgment motion.

PROBATE
Office Protects Client’s Inheritance 
When a Burlington, Massachusetts business owner was left property under a dear friend’s will, The Law Office of Daniel Moynihan defended her against the allegations of a jealous relative to ensure she received her fair share of the deceased’s Estate. After two years of litigation, the case was settled.


LABOR AND EMPLOYMENT
Civil Rights Defense 
State Troopers Successfully Defended Against Frivolous Abuse Allegations
Three State Troopers were sued for alleged constitutional and civil rights violations in the United States District Court of Massachusetts, after an encounter with an irate motorist. The Law Office of Daniel J. Moynihan defended the Troopers against the driver’s allegations. The case proceeded to a jury trial, and after three days of testimony, a favorable verdict was obtained and the Judge dismissed the remaining allegations. This decision allowed these dedicated Troopers to continue to perform their duties unencumbered by frivolous lawsuits

LABOR AND EMPLOYMENT
 State Police Internal Affairs 
Exonerated Trooper Returned to Work
An off-duty State Trooper intervened when his friends were attacked by a knife-wielding assailant, but became the subject of a criminal complaint as a result of the ensuing fracas. The Law Office of Daniel J. Moynihan defended the Trooper, advocating for the frivolous charges to be dropped, which allowed the Trooper to return to work.


Testimonials

 

Dan,

I just wanted to thank you again for representing me at the Trial Board hearing. You did a great job, and saved mine”

Trooper Bill G.

Dear Mr. Moynihan,

I wanted to thank you again for all of your help withy my case. I couldn’t have expected a better result. Thank you for your advice and your effort on my behalf”.

Sincerely,
Jud y F.


Dan,

Thanks for being Elaine’s lawyer. I was so relived that John had your cell phone # and was able to call you in the early a.m. hours.  I don’t know how we would have survived this “ordeal” without you

Sincerely,
Leslie M.

Dan,

Thank You ! Especially for Conor-many thanks for all of your hard work.

Sincerely,
Paul, Chris, Conor


Dan,
Thanks again for helping me and George through this difficult situation.

Gratefully,
Ada & George M.

Attorney Moynihan,

I just want to thank you and your team for everything you did for me and Nancy. You’re the greatest !  God Bless you and your family 

Eddie and Nancy D.


Dan,

Just a short note to let you know how happy we are with the outcome of Kenny’s Trial. We are acutely aware that this is a direct result of your dedication to his case. We appreciate everything you’ve done for us, especially Kenny. A great big heartfelt thank you! Your effort in this case in a huge impact in our lives and we appreciate it.”

Signed, Priscilla, Ken and Kenny G.
June 27, 2008

Attorney Moynihan,

Our son has just returned from a nice vacation, instead of attending a trial…and thanks to your fine work he’s got his life back without a conviction. It is very nice not to have worry about my son’s situation anymore.

We have been most impressed by your legal acumen when handling his case and I’m so grateful he switched to you after experiencing the fatalistic, judgemental approach and attitude of his bail lawyer. My wife and I know that thanks to your congenial personality and reassuring words to our son he was able to handle the great stress of his situation. In addition you were always available to take a phone call or email from our son, or myself.

Regards,
Satisfied Client

 

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