By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
Proving responsibility in personal injury cases can be reduced to the following: a brick by itself is a brick but together bricks make a wall. Essentially that is the definition of relevant evidence. Relevant evidence, according to the Federal Rules of Evidence, means that it has a tendency to make any fact more or less Read More
Read MoreAs a personal injury lawyer, I certainly encounter accidents relating to bad weather. These can take the nature of snow and ice, fall downs or auto accidents where the at-fault driver did not adjust for inclement conditions. A fall down injury occurring because of snow and ice is often compensable. These usually serious injuries will Read More
Read MoreRobert I. Feinberg 07 November 2008 Valuing a case involves three crucial elements: Liability i.e. fault on the part of the person/corporation being sued; damages; and qualities relating to the plaintiff. But to pursue a case you need something else: a fourth and very crucial element, a source from which to recover money such as Read More
Read MoreRobert I. Feinberg 05 November 2008 As I approach my thirtieth year of practicing law, I am still intrigued by what makes for a successful personal injury case. The reality is somewhat different from what was taught in law school. Law school conveys a sense of what the law is, but the practice of law Read More
Read MoreRobert I. Feinberg 03 November 2008 For over twenty years my firm has been writing to clients about auto insurance. The purpose has been to inform consumers that they purchase enough coverage to protect themselves not only from a lawsuit but in the eventuality that the at-fault driver has no insurance or insufficient insurance. This Read More
Read MoreIt is often said with criticism that personal injury cases are taken on a contingent fee basis. The implication is that the client, and for that matter the lawyer, have nothing to lose. This is an oversimplification and misleading, as often happens in a debate on the merits of the civil justice system. The plain Read More
Read MoreWhen I began practicing law in the 1980s, fillings in the Superior Courts of Massachusetts were in the range of 15,000 tort cases (i.e. torts are usually but not always personal injury cases). Beginning in the current decade, those figures have reduced by about half. Since 2000, the number of personal injury cases filed in Read More
Read MoreAttorney Robert I. Feinberg has been designated as a “Super Lawyer” in the category of personal injury for the fifth consecutive year as reported in issues of the Boston Magazine. Significantly, these are the only years in which this list has been compiled. In 2007, his selection as a “Super Lawyer” was part of the Read More
Read MoreWhy do evidence classes spend more than a month on hearsay? Because it is tricky, arguably convoluted, but as with such things fitting that negative description, it is important. A lawyer who is skillful in using objections, or defeating them, will strengthen his/her case and project confidence in so doing. In my last blog post Read More
Read MoreIt is often said that the three most important factors in assessing the value of real estate are location, location, location. Well, the three most important factors in assessing the liability of a case are evidence, evidence, evidence. What about hearsay – the biggest impediment to introducing evidence? Hearsay, as many of you know, is Read More
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