Attorney James Martin Esquire's Legal Cases

Car accident

Motor Vehicle Accidents

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OUTCOME: Jim has successfully completed a tremendous amount of motor vehicle collision cases.

Motor vehicle accidents often result in bodily injury, emotional injury and economic damage. A significant portion of Jim’s practice is devoted to those who have suffered bodily injury, emotional injur ... y and economic losses as a result of motor vehicle accidents. These cases involve clients suffering from the full spectrum of bodily injuries, including but not limited to: herniated discs; bulging discs; torn ligaments and muscles; broken bones; closed head injuries; nerve damage with and without paraplegia, and soft tissue injuries.

Wrongful death

Wrongful Death

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OUTCOME: Jim has successfully completed a significant and substantial amount of wrongful death cases.

Wrongful deaths result from wrongfully caused motor vehicle collisions, as well as other wrongful acts and omissions. As an example, Jim successfully completed a wrong death claim for the Estate of an ... 18 year old young man and his Parents. At that time, Jim challenged the plain language of a relevant statute that allowed the next of kin, (in this case the Parents), a recovery for loss of love and compassion for the wrongful death of a minor child. That matter stayed in litigation until the Vermont Supreme Court construed the statute to allow the next of kin to recover for loss of love and compassion for the wrongful death of an adult child, as well as a minor child. Jim successfully obtained all available proceeds for the Estate and the young man’s Parents.

Car accident

Harm Caused By Intoxicated Persons/drunk driver

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OUTCOME: Jim's objective is to obtain the highest damage settlement or award

These cases often involve liquor establishments, and fall under Vermont’s dram shop law. A child or adult who is injured in person, property or means of support by an intoxicated person may bring a cla ... im or cause of action against any liquor establishment that wrongfully caused in whole or part the person’s intoxication. Wrongfully caused intoxication occurs when the servers knew or should have known that its patron was or would become intoxicated and continued to furnish the patron with intoxicating liquor. Wrongfully caused intoxication also occurs when the servers furnish intoxicating liquor to a minor, and when the servers furnish intoxicating liquor to anyone after hours. Moreover, a social host may be found liable where the social host served a minor, and otherwise the social host may be found liable pursuant to common law principles of negligence. Jim has successfully completed cases against liquor establishments where the burden was to show that the servers of the liquor establishment should have known that the patron was or would become intoxicated and continued to furnish the patron with intoxicating liquor.

Defective and dangerous products

Defective and Dangerous Products

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OUTCOME: Confidential Settlements

There are several legal theories that often apply to a defective product claim, including strict liability, negligence, breach of implied and express warranty, and possibly consumer fraud. Jim includes ... each of the legal theories, that are applicable, to not only provide liability through the use of one or more, but also to pursue the highest damage settlement or award for his client. For example, pursuant to Vermont’s consumer fraud statute, a would be defendant or actual defendant, as the case may be, that has violated Vermont’s consumer fraud statute is liable not only for compensatory damages, but also reasonable attorney’s fees and possibly punitive damages. Jim has successfully completed a significant and substantial amount of defective product cases ranging from a defective home document (paper) shredder finger injuries, a defective dog leash that struck and permanently disfigured a woman, to defective hunting equipment that ripped a finger off of a hunter’s hand, to a defective automobile that permanently injured a mechanic.

James Martin Esquire's Legal Cases (4)

Motor Vehicle Accidents

Wrongful Death

Harm Caused By Intoxicated Persons/drunk driver

Defective and Dangerous Products