Attorney James Finn Gavagan represents injured Massachusetts residents in all types of personal injury matters against insurance companies, negligent drivers, negligent property owners, and negligent medical professionals. Whether it’s a car accident, motorcycle accident, truck accident, bicycle accident, pedestrian accident, slip and fall, premises liability, nursing home abuse and neglect, dog bites, construction accident, wrongful death, or medical malpractice claim, Attorney J. Finn Gavagan is dedicated to obtaining the maximum compensation for his clients.
As the founder of Gavagan Law, LLC, a Massachusetts-based firm, Finn is a talented civil litigation attorney specializing in personal injury matters. Practicing law in Massachusetts since 2014, Finn has a proven track record of securing substantial settlements and judgments for his clients throughout Massachusetts, including Boston, Dorchester, Cambridge, Milton, Quincy, Taunton, New Bedford, and Cape Cod. His notable achievements include:
- $450,000 settlement in a construction site accident
- $250,000 settlement in a motorcycle accident case
- $200,000 settlement for nursing home negligence/wrongful death
- $195,000 settlement for a slip and fall on ice
- $135,000 settlement in an auto accident case
- $125,000 judgment in a trip and fall accident
- $100,000 dog bite settlement
- $100,000 nursing home negligence settlement
Finn's dedication and commitment have earned him accolades such as:
- Massachusetts Super Lawyers Rising Stars List for 2020, 2021, 2022, 2023, and 2024
- Recognized by The Best Lawyers in America®: Ones to Watch® 2024
- Featured in Boston Magazine’s 2021 Top Lawyers List
- “Superb” AVVO rating
Before founding Gavagan Law, LLC, Finn worked for nearly nine years at a boutique personal injury law firm in Boston, where he represented hundreds of injured individuals. He successfully resolved cases through litigation, mediation, and negotiations both in and out of the courtroom.
Finn graduated from the University of New Hampshire School of Law and is a member of the Massachusetts Academy of Trial Attorneys. Before law school, he served as an AmeriCorps Legal Assistant at the New Center for Legal Advocacy, Inc., in New Bedford, MA.
Finn is known for his integrity and commitment to obtaining maximum compensation for his clients. He combines a dynamic approach with strong attention to detail, ensuring that each client receives the highest level of representation. If you’re looking for a personal injury attorney in Boston, MA or the surrounding area, contact Attorney J. Finn Gavagan for a free consultation. When you reach out to Gavagan Law, you’ll receive a personalized approach to understanding your unique case as we delve into the specifics of your potential claim.
Practice areas
Personal Injury - General: Plaintiff, Personal Injury - Medical Malpractice: Plaintiff
Focus areas
Animal Bites, Brain Injury, Construction Accident, Dental Malpractice, Dram Shop Laws, Medical Malpractice, Motor Vehicle Accidents, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Slip and Fall, Trucking Accidents, Wrongful Death
- 80% Personal Injury - General: Plaintiff
- 20% Personal Injury - Medical Malpractice: Plaintiff
First Admitted: 2014, Massachusetts
Professional Webpage: https://gavaganlaw.com/about/
Bar/Professional Activity: - Massachusetts, 2014
- Massachusetts Academy of Trial Attorneys
- U.S. District Court Of Massachusetts, 2017
Verdicts/Settlements (Case Results): - $250,000.00 motorcycle accident settlement, 2021
- $450,000.00 construction site accident settlement (Maintenance worker severely injured while replacing window pane in downtown Boston office building due to poorly maintained window replacement rig), 2019
- $200,000.00 nursing home negligence/wrongful death settlement (88 year old nursing home resident fell at facility due to lack of adequate fall precautions while ambulating), 2017
- In 2018, obtained a $125,000.00 judgment in a trip and fall accident, 2018
- $100,000.00 dog bite settlement, 2020
- $135,000.00 motorcycle accident settlement, 2020
Honors/Awards: - Massachusetts Super Lawyers, Rising Stars, 2020, 2021, 2022, 2023, 2024
- J. Finn GavaganClients’ ChoiceAward 2023, Clients' Choice Award, AVVO, 2023
- Boston Magazine’s 2021 Top Lawyers List
- The Best Lawyers in America®: Ones to Watch® 2024
Educational Background: - University Of New Hampshire, B.A.
Firm News (Newsletters): - Encountering a motorcycle accident can lead to serious injuries, demanding extensive medical treatment and posing the threat of lost wages and prolonged recovery. Under Massachusetts law, victims have the right to seek financial compensation from negligent drivers responsible for their pain. However, navigating this legal process is fraught with challenges and requires the expertise of a dedicated legal team. Proving Negligence in Your Motorcycle Accident Case At the heart of every successful personal injury claim lies the ability to prove negligence. This legal battle revolves around:Duty: The duties and obligations of the at-fault driver to the Plaintiff.Breach of Duty: The failure to uphold these obligations and duties.Causation: The accident and plaintiff’s injuries were caused by this failure.Damages: The Plaintiff suffered injuries, losses, and/or property damage as a result of the accident. Identifying Your Motorcycle Accident Type and Pursuing Compensation Motorcycle crashes in Massachusetts vary, from single-vehicle crashes and high-speed impacts to no-contact accidents and incidents at busy intersections.A “No-Contact Accident” occurs when a motorcyclist is forced to quickly maneuver to prevent a crash with a negligent motor vehicle operator, leading to an accident without a direct collision with another vehicle. The rider may have to drop their bike or lay it down to avoid the collision, and in the process sustains injuries.Lane-Change Collisions: Vehicles making lane changes can collide with cars, usually absorbing the impact. Motorcycles, on the other hand, risk being toppled or ejected from the road, leading to significant injuries for riders. The motorist initiating the lane change or merge is typically held liable in these instances.Following Too Closely Accidents (Tailgating): When a negligent driver fails to maintain a safe following distance, particularly around motorcycles, serious accidents can occur. Generally, a driver who rear-ends a motorcycle due to following too closely is accountable for causing the crash.Intersections Collisions: Determining fault in accidents occurring at intersections is often straightforward, guided by traffic signals and signs. The driver who disobeys traffic controls, running a red light or a stop sign, is generally at fault.Turning Accidents: Vehicles making left turns must yield to oncoming traffic, including motorcycles. Failing to yield and causing a collision puts the turning driver at fault. Correctly identifying the nature of your accident and collecting relevant facts is crucial for establishing fault and seeking damages. Injuries Sustained in Motorcycle Collisions The aftermath of a motorcycle collision can lead to a spectrum of injuries, ranging from mild to life-threatening, including but not limited to: Surface injuries such as cuts, lacerations, and bruises Road rash, characterized by skin abrasions from sliding across pavement Traumatic brain injuries (TBIs) alongside other types of head injuries Injuries to the spinal cord, as well as other injuries affecting the neck and back area Bone fractures and breaks, from minor cracks to complex breaks Internal injuries, including organ damage, fractured ribs, and punctured lungs The severity of these injuries can greatly affect the length and complexity of the recovery process, potentially requiring extensive medical treatment over months or even years. Understanding Damages “Damages” refer to the monetary compensation awarded to individuals who have suffered loss or harm due to the wrongful actions of others. In the context of motorcycle accidents, damages are intended to cover a wide range of losses incurred by the victim, including medical expenses, lost wages, and compensation for pain and suffering endured as a result of the accident. Additionally, damages may cover property damage to the motorcycle and any other possessions affected. The aim of awarding damages is to restore the injured party to the financial position they would have been in had the accident not occurred, as much as possible. The Impact of Helmet Use on Your Claim Massachusetts’ commitment to rider safety is evident in the state law mandating helmets for all motorcycle operators and passengers, as per the Massachusetts General Laws, Chapter 90, Section 7. While helmet usage doesn’t prevent accidents, its role in damage assessment, especially concerning head injuries, is significant. Yet, with the help of skilled personal injury lawyers, the focus remains on the negligent driver’s actions. Comparative Negligence in Massachusetts Understanding the concept of comparative negligence is crucial in Massachusetts motorcycle accident cases, as it can significantly influence the outcome of your claim. Should evidence suggest that you breached any traffic regulations or made errors while riding your motorcycle, a jury might determine you share a portion of the fault, leading to a proportional reduction in your compensation. For example, being deemed 10% responsible for the incident means a 10% deduction in your recoverable damages. Our skilled Boston motorcycle accident attorneys are committed to advocating on your behalf, striving to demonstrate the other motorist’s fault in your crash. Why Legal Expertise is Vital Navigating the insurance landscape and gathering evidence are pivotal steps in securing fair compensation for motorcycle accident victims. When dealing with insurance companies, presenting a strong case supported by comprehensive evidence is crucial. This evidence includes medical records detailing the extent of your injuries, documentation of property damage, witness statements, pictures of the accident scene, and surveillance footage, all underscoring the severity of the motorcycle crash and the negligent driver’s liability. Engaging an experienced motorcycle accident lawyer early can significantly enhance your ability to compile this evidence effectively. The Statute of Limitations for Motorcycle Accident Claims in Massachusetts In Massachusetts, pursuant to M.G.L. Chapter 260, Section 2A, the statute of limitations for filing a motorcycle accident claim is three years from the date of the accident. Missing this deadline can significantly impact your ability to recover damages for your injuries, medical expenses, and other losses. It’s essential to consult with an experienced Boston motorcycle accident lawyer promptly to ensure your claim is filed within this timeframe, safeguarding your legal rights. Proactive Steps for Motorcycle Accident Victims Immediate action is critical: Seek medical attention to address your injuries promptly. Document the accident scene comprehensively. Engage with a motorcycle accident lawyer to discuss your motorcycle accident claim and understand your legal options. At Gavagan Law, our expertise lies in navigating the complexities of motorcycle accidents. With a dedicated team at your side, you can navigate the legal process confidently, focusing on recovery while we fight for your rights. If you or a family member has been injured in a motorcycle accident in Massachusetts and suffered serious injuries, Gavagan Law is committed to obtaining the compensation you deserve for your injuries. Contact us for a free consultation., Your Legal Journey After A Motorcycle Accident In Massachusetts
- Unfortunately, pedestrian accidents are on the rise in big cities such as Boston. This guide delves into pedestrian accidents in Massachusetts, including the most dangerous locations, unsafe road design, and scenarios leading to serious injuries, pedestrian fatalities, and highlights the necessity of safe streets and safe pedestrian crossing infrastructure, such as appropriate speed limits, traffic signals, and crosswalks. Common Types of Pedestrian Accidents Pedestrian-involved crashes in Massachusetts occur in various high-risk scenarios, each presenting distinct dangers:Parking Lots: These areas see frequent incidents where drivers, either reversing or hurrying for spots, collide with pedestrians, underscoring the risks in such spaces.Intersections: Despite crosswalks and traffic signals aimed at ensuring pedestrian safety, driver errors at intersections are a common cause of accidents.Sidewalks: Incidents on sidewalks involving impaired or distracted drivers reveal the vulnerability of pedestrians in supposed safe zones.Nighttime Risks: Diminished visibility during the night significantly increases the peril for pedestrians, emphasizing the importance of vigilance after dark. Understanding Negligent Driving and Pedestrian Protections Massachusetts has strict road safety laws to safeguard pedestrians, especially in urban settings. The Massachusetts Driver’s Manual mandates that “drivers must yield to pedestrians in roadways”, emphasizing the necessity for drivers to remain vigilant and prioritize pedestrian safety at all times. Moreover, it is required that drivers maintain reasonable speeds, particularly in densely populated or “thickly settled” areas, to mitigate the risk of fatal pedestrian crashes and serious injuries. When crosswalk signals are not in place or in operation, a driver must yield the right of way to a pedestrian crossing the roadway within a crosswalk. Massachusetts General Laws Ch. 89, § 11Key Factors Influencing Liability in Pedestrian Accidents Assessing liability in accidents involving pedestrians and vehicles requires evaluating various factors to understand the accident’s context. Your experienced pedestrian accident attorney will investigate the circumstances of how the accident occurred to demonstrate how a driver’s failure to comply with established traffic safety norms, such as speeding or failing to yield, directly contributed to the accident. These factors include:Accident Details: Important elements such as the date, time, and precise location of the incident, notably in areas with high pedestrian traffic.Pedestrian Positioning: Whether the pedestrian was within a crosswalk, aligned with crosswalk lines, and their proximity to crucial road markers such as double yellow lines.Right of Way: The status of crosswalk signals (“Walk” sign visibility) and the pedestrian’s motivations for crossing are significant in determining fault.Driver’s Conduct: Factors considered are the visibility of the driver’s car to the pedestrian, the vehicle’s speed, and compliance with turn signal use.Environmental Conditions: Weather, lighting conditions, and any potential distractions (e.g., smartphone usage) that could impact both pedestrian and driver behavior at the time of the accident. In situations where the pedestrian may have contributed to the accident, Massachusetts’ comparative negligence law may adjust the compensation relative to the pedestrian’s degree of fault. Comparative Negligence in Massachusetts: When Pedestrians are partially at Fault In most cases, negligent drivers are held to be responsible in a pedestrian vs. car accident due to failing to pay attention, speeding, or failing to give a pedestrian the right of way. However, pedestrians can also play a role in causing accidents by: Ignoring crosswalks and traffic signals, Jaywalking, Venturing into areas where pedestrian access is restricted, Abruptly stepping into the street into the path of an oncoming vehicle. Massachussets follows the Modified Comparative Fault system, meaning the injured pedestrian is only able to recover damages if they were less than 51 percent at fault. If the injured pedestrian is found to have contributed 51 percent or more to an accident, they are not entitled to recover at all. However, the pedestrian is only found to be partially at fault (less than 51 percent), that Plaintiff can still collect damages, however there will be a proportional decrease in the compensation awarded. For example, if the evidence indicates a pedestrian violated traffic rules and is decided to be 10% responsible for the accident, any damages they are awarded will be reduced by 10%. Legal Recourse Addressing the aftermath of deadly pedestrian crashes due to a negligent driver encompasses investigating the accident scene, obtaining necessary evidence such as surveillance footage, photos and witness statements, as well as contending with the driver’s insurance company, and ensuring pedestrian victims are awarded fair compensation for their serious injury, medical expenses, lost income, any scarring, and potentially long term disabilities. At Gavagan Law, we are dedicated to advocating for the rights of pedestrian accident victims. From dealing with insurance companies, adhering to the statute of limitations, to representing you in negotiations or at court, we strive to ensure that negligent drivers are held accountable and that you receive the compensation you deserve. Contact us for a free consultation and an opportunity to discuss your case with an experienced personal injury attorney., Types Of Pedestrian Vs. Motor Vehicle Accidents In Massachusetts
- When we place our elderly parents or loved ones in Nursing Homes or Long-Term Care Facilities, we expect that they will be looked after with dignity and compassion. Regrettably, instances of elder neglect are not uncommon, leading to serious injuries in nursing homes. These injuries, including fall accidents and pressure ulcers, often occur due to the nursing home staff’s failure to develop an adequate plan of care, resident safety plan, or perform an adequate initial assessment of an elderly resident. Other common causes are failing to implement adequate safety measures for higher risk patients with a cognitive impairment or poor balance. Additional causes occur when staff fail to revise these care plans when conditions change. As a result, elderly nursing home residents may suffer fall-related injuries such as hip fractures and traumatic brain injuries, which could tragically result in fatalities. Understanding Nursing Home Care Plans Upon admission to a Nursing Home in Massachusetts, it is essential for nursing homes to create a Care Plan, which may include fall prevention measures. The Regulations that govern Nursing Homes require that a care plan be comprehensive, and be developed by the nursing staff in relation to that resident’s total health needs. 105 Code Mass. Regs. § 150.007(D). The Care Plan would cover diagnoses, prior medical treatment, chronic health conditions, medications, mobility restrictions, necessary safety measures, and daily care routines (bathing and grooming interventions). Fall accidents often occur when nursing home staff fail to perform a fall risk assessment, fail to implement adequate fall prevention measures, or neglect to update the care plan in response to changes. Common interventions include assistance with walking, mobility aids, bed rails, bed alarms, and toilet assistance. Scenarios of Nursing Home Negligence Leading to Injuries Whether it’s issues with fall prevention, inadequate supervision, or delayed medical care, shedding light on common instances of potential nursing home neglect can empower you to help keep your elderly loved one safe. Inadequate Fall Prevention Plans: When nursing homes fail to establish or update fall prevention plans, and don’t take into account existing health issues, other health complications, and chronic conditions.Insufficient Monitoring and Supervision: Staff fail to monitor high fall risk residents, such as those with a history of falls or dementia.Failure to Update Care Plans: This is evident when nursing homes do not reassess and modify the care plans of residents after fall incidents, despite the availability of more effective interventions.Ignoring Residents’ Needs: Cases where the specific needs and risks of residents, such as those with mobility issues or cognitive impairments, are not adequately addressed in their care plans.Inadequate Response to Emergencies: When staff fail to respond adequately during emergencies, leading to delays in treatment and increased risk of severe injury or death. Legal Aspects of Nursing Home Fall Cases in Massachusetts If you’re concerned about a loved one who recently suffered a serious injury at a nursing home in Massachusetts, it’s in your best interest to speak with a personal injury lawyer specializing in these cases. Generally, an injury at a nursing home is due to the negligence of the Nursing Home and medical providers, doctors and nurses, providing care. These types of cases are classified as a Medical Malpractice claims, which is different than a general negligence claim. The case of Katz v. Golden Gate Nat’l Senior Care, LLC, offers insights into what needs to be proven in such cases:Establishing Medical Malpractice: : In Massachusetts, a medical malpractice plaintiff must demonstrate: The existence of a doctor-nurse/patient relationship. The failure of the doctor or nurse to conform to good medical practice. That this failure caused injuries. Expert Testimony: Expert testimony is vital in these cases, especially to establish the standard of care and causation – the link between the nursing home’s actions (or inactions) and the injury or death of a resident. For Families Seeking Legal Recourse: If your loved one has suffered a serious injury while under the care of a nursing home, reach out to Gavagan Law for a free consultation. Our legal team has experience in handling nursing home neglect cases, and we understand the nuances of Massachusetts law. We are committed to providing legal guidance and expert witness support to pursue justice for your loved one. Contact Gavagan Law to discuss your legal options and understand the best way forward in your pursuit of adequate care and quality of life for your family member., Nursing Home Neglect And Fall Injuries In Massachusetts
- Stone slabs like marble and granite offer attractive and popular options for bathrooms, kitchens, and other countertop surfaces, but shopping for and working around these marble slabs can be dangerous. Employees, contractors, and consumers have been injured and even killed by improper storage of granite and marble countertop slabs. Shoppers are often invited to browse open marble storage yards and warehouses without adequate supervision, safety barriers, or adequate warnings on the premises. A slab of marble can weigh between 800 to 1,000 pounds, and they can be extremely dangerous and cause severe injuries if not stored and handled properly. When shopping for natural stone countertops in Massachussets, consumers and workers must be aware of the risks associated with marble and granite slabs. Legal Duty of Care in Massachusetts: Protecting Shoppers and Employees from Stone slab Injuries Massachusetts business owners and contractors are legally responsible for ensuring their retail stores and storage facilities are safe. Massachusetts law requires that property owners owe a duty of reasonable care to anyone who is lawfully on their premises. They have a duty to keep the property in reasonably safe condition. Owners must also warn visitors of any dangerous conditions, including hazards they are aware of or should reasonably be aware of. It may sound unlikely due to the stones’ immense weight, but they can easily become dislodged or tip over if stored or handled incorrectly. Given the dangers involved, customers should be adequately supervised when browsing, the premises should have adequate warning signs informing visitors of the danger, as well as appropriate safety measures for the storage and handling of these slabs. The Massachusetts Fatality Assessment and Control Evaluation (FACE) Program has implemented suggested standards to prevent fatalities caused by falling stone slabs, but businesses that store and sell granite kitchen countertops must adhere to the regulations and safety guidelines for them to be effective. In addition to the Massachusetts FACE Program, the Occupational Safety and Health Act (OSHA) oversees workplace safety, which includes the storage of marble countertops. These dangerous slabs must be adequately stored and secured in a way that prevents them from falling and injuring employees and customers. Preventing Injuries in Stone Countertop Showrooms: Essential Safety PracticesProper Slab Storage: Slabs must be stored in racks engineered to support their weight, and businesses should follow specific guidelines for slab handling. Overloaded or improperly constructed racks pose a significant risk.Use of Personal Protective Equipment (PPE): Workers should be provided with and use the correct PPE, including gloves, hard-toed shoes, and safety glasses.Training and Equipment Inspection: Employees must receive proper training in handling equipment like overhead cranes and forklifts. Regular inspection of these tools is crucial to ensure their safety.Consumer Safety in Showrooms: Business owners must ensure that marble showrooms and storage areas are safe for customers. This includes securing slabs properly and not leaving customers unattended in potentially hazardous areas.Communication and Emergency Procedures: Employers should have clear communication channels and emergency procedures in place to handle any incidents effectively.Handling Procedures: Strict protocols for lifting, moving, and storing slabs are essential. Employers should enforce the rule of moving one slab at a time and maintaining a safe distance from the fall zone. OSHA inspectors have the authority to perform random safety checks and issue citations and fines for any violations they find, which motivates most companies to ensure that they follow proper safety measures. However, there are still businesses that fail to meet the necessary safe storage requirements, leading to severe injuries and death. Statute of Limitations In Massachusetts, individuals who have suffered injuries due to the negligence of a property owner or third party generally have three (3) years from the date of the accident to file a lawsuit against the responsible party. Failure to file a lawsuit in the appropriate court in a timely way will likely bar any chance of recovery. In the case of a wrongful death claim, generally, under G. L. c. 229, § 2, an appointed representative has three (3) years from the date of death to file a complaint in the appropriate court. Navigating Legal Options: Seeking Justice for Marble and Stone Slab Injuries in Massachusetts Accidents and injuries caused by falling or broken stone countertop slabs are preventable when businesses take the necessary precautions. If you or a loved one has been injured in an accident in Massachusetts, contact an experienced personal injury attorney who specializes in these types of personal injury cases. Call or reach out to Gavagan Law and we’ll pursue the compensation you rightfully deserve. Call or reach out using our contact form and speak with us for a free consultation., Injuries Caused By Marble And Stone Slabs In Massachusetts
Office location for J. Finn Gavagan
1452 Dorchester Ave
4th Floor
Dorchester, MA 02122
Phone: 617-958-4162
Selected to Rising Stars: 2020 - 2024 
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