By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
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April 2012
Key areas in any personal injury case
There are several key areas to any law firm’s successful handling of these cases: Thorough understanding of insurance law including an ability to process and “coordinate” automobile insurance with health insurance. Thorough understanding of Medicare, Medicaid, and the rights of private health insurers to be repaid. You do not want a case resolved only to Read More
Read MoreThe Personal Injury Plaintiff as Consumer
A weapon in Massachusetts personal injury cases is our Consumer Protection Statute, 93A. Passed in the late 1970’s, this is a tool that may have originally been designed to aid the consumer in his/her fight against the retailer for unfair and deceptive acts or practices in commerce. Over the years, it has also been used Read More
Read MoreCase Values and Scarring
Pricing personal injury cases is not easy. Having said that, experienced attorneys will often put a value on cases in amazingly similar amounts. Lawyers will also ask other lawyers who they respect to “price” their case. Sort of a blind taste test if you will. The difference in assessments is often not great. The most Read More
Read MoreOf Natasha Richardson, Head Injuries, Helmets and Evidence
The recent tragedy involving Natasha Richardson has brought to light the science of head injuries, particularly with respect to epidural hematomas and skull fractures. Fortunately, the vast majority of such injuries do not have such a terrible outcome. Nevertheless, her sad case should cause insurers to concede the seriousness of these accidents, even if the Read More
Read MoreHarm to the Consumer
An unfortunate twentieth anniversary has just passed. A law that went into effect on January 1, 1989 greatly curtailed the rights of Massachusetts auto accident victims. This concerned uninsurance and underinsurance motorist coverage. The Legislature passed a bill, called the Massachusetts Auto Insurance Reform Act, signed by Governor Michael Dukakis, which eliminated stacking of policies Read More
Read MoreAlternative Dispute Resolution? It Depends
I am forever asking people in business how their work has changed since their career began. Let me offer my opinion on the sea change in personal injury law. The prevalence of alternative dispute resolution- arbitration and mediation has quickened the resolution of cases and has made their processing cheaper. Those are significant advantages. When Read More
Read MoreWhen Two Chances or Two Bites Will Do
How many times have we heard that “you only get one chance in life” or “you only get one bite of the apple?” We have been told this countless times. In an on-the-job injury those adages may not be quite true. A worker cannot sue his/her employer. Our workman’s compensation statute provides the employer with Read More
Read MoreOf Children and Comparative Negligence
If a child wanders onto a construction site and falls injuring himself/herself, how do we assess the child’s conduct? We do not have “attractive nuisance” in Massachusetts, unlike many other jurisdictions. We do have a statute, MGLc 231 § 85Q governing trespassing children which sets out five criteria for negligence not unlike attractive nuisance. As Read More
Read MoreDisinterested Is to Uninterested as Indifferent Is to Uncaring
In follow up to my last blog post about words of legal significance, I am reminded of the following word: disinterested. Often that word is confused with uninterested. To not care is to be uninterested. To be impartial is to be disinterested, not favoring either side. Obviously we want our judges and juries to be Read More
Read MoreTo Infer or to Imply
When a person opens an umbrella what does that tell us about the weather? When a ship’s captain brings aboard his wife and children what does that say about what he thinks of the seaworthiness of the vessel? These are classic examples of conduct from which we make inferences. Indeed, Judges instruct jurors that inference Read More
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