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James A.  Swartz

James A. Swartz

Swartz & Swartz, P.C.
  • Medical Malpractice, Nursing Home Abuse, Personal Injury ...
  • Massachusetts
Claimed Lawyer ProfileQ&ASocial Media

James A. Swartz is a nationally known and respected trial attorney and consumer advocate. Mr. Swartz’ law practice is headquartered in the historic John and Ebenezer Hancock House on the Freedom Trail in Boston, Massachusetts. Mr. Swartz graduated cum laude from Tufts University and earned his J.D. at Georgetown University Law Center. Mr. Swartz is a member of Public Justice Foundation (Public Justice’s Massachusetts State Coordinator since 1995); American Association For Justice (Co-Chair of AAJ’s Toys and Recreational Equipment Litigation Group since 2002-2010); The American Trial Lawyers Association (Top 100 Trial Lawyers in Massachusetts since 2008); The Massachusetts Bar Association (member of the Lawyer Referral Service Committee from 1995-1998); The Massachusetts Academy of Trial Attorneys; The American Bar Association; and The Boston Bar Association, among other associations.

James Swartz is a dedicated consumer advocate. For many years, Mr. Swartz and World Against Toys Causing Harm, Inc. (W.A.T.C.H.), has issued an annual “10 Worst Toys” list to alert parents and other consumers to the dangers of unsafe toys. James Swartz has, in recent years, been responsible for an annual press conference to alert the media and public to unsafe toy hazards. Articles about James Swartz and the W.A.T.C.H. press conference have appeared in newspapers and other print media throughout the country. He is a director and founding member of W.A.T.C.H., a non-profit organization dedicated to children’s causes and committed to the creation of multidimensional education programs, including “TOYS, YOU and the REAL WORLD”, a bilingual educational curriculum which has been taught in public schools in several states.

Mr. Swartz has authored and co-authored numerous articles and book chapters relating to child, medical and product safety.

Georgetown University Law Center
Activities: Law Review: Executive Editor, The Tax Lawyer, 1989 - 1990
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Tufts University
Honors: Cum Laude
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Professional Experience
Swartz & Swartz, P.C.
Articles & Publications
James Publishing
Trial Preparation Tools
Med Mal and Products Liability: A Dangerous Intersection
Massachusetts Academy of Trial Attorneys Journal , Vol. 1, No. 4
Medical Instruments And Devices”, Medical Errors And Litigation
Lawyers & Judges Publishing Co., Inc.
Danger At Play
Fighting Mandatory Arbitration
Massachusetts Academy of Trial Attorneys Journal
“Hazardous Playthings Causing Injury To Children”, Children and Injuries
Lawyers & Judges Publishing Co., Inc.
Holding The Electronic Game Industry Accountable For The Deleterious Effects Violent Video Games Can Have On Our Children
Products Liability Advisory
The Common Law In The New Millenium—Protecting Our Children
Lawyers & Judges Publishing Co., Inc.
Keeping Our Children Safe
Facts & Findings
Warning! Injury Prevention Mandates Safer Design and Adequate Warnings
125 Products Liability Advisory 12
Protecting Our Children
116 Products Liability Advisory
Supreme Court Rejects Medical Device Preemption
Massachusetts Bar Association Lawyers Journal
The Controversy Surrounding the Adjustment of Earnings and Profits for Accrued Tax by Cash Method Taxpayer
42 Tax Lawyer 821
Super Lawyer
Boston Magazine
since 2004
Martindale Hubbell AV Peer Review Rated
Martindale Hubbell
ATLA Top 100 MA Lawyer
Professional Associations
Boston Bar Association
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Massachusetts Bar Association
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American Bar Association
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American Trial Lawyers Association
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American Association for Justice (AAJ)
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Public Justice Foundation
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Massachusetts Academy of Trial Attorneys (MATA)
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Jurisdictions Admitted to Practice
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U.S. District Court District of Massachusetts
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U.S.Court of Appeals 1st Circuit
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  • Free Consultation
    Free initial consultation
  • Contingent Fees
Practice Areas
Medical Malpractice
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Nursing Home Abuse
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Products Liability
Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
Additional Practice Area
  • Wrongful Death
Legal Answers
Q. Do I have a case for a malpractice suit?
A: A med mal attorney will investigate, starting with the medical records. Your dad's presentations at each visit prior to the diagnosis will be important, as questions will arise regarding the what the standard of care required in terms of further examinations, testing or referrals.
Q. Is a deposition necessary when a party is accepting liability in a car accident?
A: Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage, arguably have a bearing on the extent of injuries claimed.
Q. Is proving wrongful death occurred different than proving regular car accident negligence?
A: The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance, depending on the facts of the potential claims.
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Websites & Blogs
Swartz & Swartz, P.C. Website
Contact & Map
10 Marshall St
Boston, MA 02108
Toll-Free: (800) 545-3732
Telephone: (617) 742-1900
Fax: (617) 367-7193