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The Ultimate Weapon

The Ultimate Weapon

When people speak with scorn regarding personal injury law, they often complain that it is just a situation where the lawyer and client are seeking deep pockets. Well, insurance companies have deep pockets but are obviously not in the business of readily dipping into them. Nevertheless, it is true that it is preferable to seek compensation from an insurer than from an individual. The law, however, recognizes that the injured party may not have sufficient compensation from the available liability insurance coverage. There are devices available, pursuant to the Massachusetts Rules of Civil Procedure, which exist to protect the plaintiff in the event that he/she obtains an excess judgment. In pursuing these remedies, the liability insurer, otherwise reluctant to pay its policy, may do the appropriate thing.

What happens in a situation where the plaintiff has suffered significant injuries and the automobile liability insurance policy is only one hundred thousand dollars? A plaintiff can seek an attachment of the tortfeasor’s real estate or bank account. The purpose is to ensure there will be sufficient assets to satisfy a judgment. The standard is an insufficiency of insurance coverage and a reasonable likelihood that the plaintiff will recover. Massachusetts Rules of Civil Procedure 4.1 (c).

Under Rule 4.2 of the Massachusetts Rules of Civil Procedure, trustee process can be brought to attach a bank account in personal injury actions except under actions for malicious prosecution, for slander or libel, or for assault and battery as well as specific recovery of goods and chattels.

Look, it is not my favorite thing to attach a defendant’s property; it is however, something that must be contemplated in the right situation, particularly when dealing with an insurance company that in my opinion is unfairly withholding a settlement offer. Believe me, it will give them pause.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
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    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

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    Alexander Foygelman

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    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

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    M Gao

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    5.0/5.0

    I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...

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    Tracey Martin

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    5.0/5.0

    I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...

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    Donna Russo

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    5.0/5.0

    Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...

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    Cynthia Garabedian

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