By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
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Robert I. Feinberg
Of 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
Read MoreMotorcycle Accidents
When I started practicing personal injury law, I was always told that there is a prejudice against motorcycle operators and that this will hurt in the representation of motorcycle victims. First, let’s turn that on its head: motorcycle operators, to the extent that one should and can generalize, are pretty meticulous people. Yes, they are Read More
Read MoreAuto Accidents and Coverage
Massachusetts auto insurance law is at least as difficult as “the uninitiated driver’s first foray into the city of Boston.” These are the words of the Supreme Judicial Court, the highest court in Massachusetts and were written nearly twenty-five years ago. Any plaintiff/victim should make sure that his/her attorney is familiar with those laws. Less Read More
Read MorePersonal Injury Thoughts of Real People
Attorneys representing injured victims – be it for accidents on premises, auto, products liability, medical malpractice and nursing home malpractice – must be willing to incur expenses to present the case thoroughly and imaginatively. However, there is one expense that costs thousands of dollars that I do not feel is a necessity: the much revered Read More
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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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