Recent Blog Posts

Confusion, Complication, and Delay

By Robert I. Feinberg | Published October 14, 2016 | Posted in Personal Injury | Comments Off on Confusion, Complication, and Delay

What I have learned over the years from representing injured victims is that the old maxim of “keep it simple” makes a lot of sense. It should be followed. We, as plaintiffs, when presenting a case, want a very clear, coherent presentation of that case. I find that the other side, the defense, really the insurance company, has another view of things.

Breakdown In Communication

By Robert I. Feinberg | Published October 7, 2016 | Posted in Personal Injury | Comments Off on Breakdown In Communication

One of the most famous quotations in movie history is from Cool Hand Luke where the brutal prison warden says to the Paul Newman character, Luke, “What we have here is a failure to communicate.” Actually I believe what it might have been is, “What we got here is a failure to communicate.” Whether it was “have” or “got,” the point is that communication is key. Certainly in the attorney-client relationship, communication is of paramount importance.

BIAS

By Robert I. Feinberg | Published September 30, 2016 | Posted in Personal Injury | Comments Off on BIAS

You know the old expression “If I had a nickle for every time . . .,” so on and so forth. Well I wish I had a nickle for every time in the past several decades that I have told clients, and actually other lawyers, that bias is always relevant. And just why do I say that? We are often confronted with witness statements or anticipated testimony of a person who has a bias.

RES

By Robert I. Feinberg | Published September 23, 2016 | Posted in Personal Injury | Tagged Tags: Contingency Fees, RES | Comments Off on RES

I have certainly blogged about the contingent fee system, a uniquely American approach. It has been called the “poor man’s key to the courthouse.” Why is that? Because supposedly the poor man is not able to put up money for hourly fees or for a large retainer. Why is personal injury conducive to a contingent fee agreement?

The Five Things to Look for When Finding a Lawyer

By Robert I. Feinberg | Published September 16, 2016 | Posted in Personal Injury | Comments Off on The Five Things to Look for When Finding a Lawyer

Well it certainly is a competitive legal market and that especially concerns the personal injury legal field. Clients or would-be clients are seeking the right match in retaining an attorney to represent them in their personal injury case.

Questioning of Jurors

By Robert I. Feinberg | Published September 9, 2016 | Posted in Personal Injury | Tagged Tags: Jurors, Jury | Comments Off on Questioning of Jurors

The rules regarding jury selection in Massachusetts for civil and criminal cases are ever changing. About a year ago, the Massachusetts courts began a process called voir dire which allows more questioning of jurors. Many of you may wonder how intrusive the questioning will get?

Harambe and the Alligator – A Difference in the Eyes of the Law

By Robert I. Feinberg | Published September 1, 2016 | Posted in Accidents, Personal Injury | Comments Off on Harambe and the Alligator – A Difference in the Eyes of the Law

This blog focuses on the very sharp differences in the knowledge of the parents who suffered the tragic loss as compared with the landowner, in this case, the corporate giant Disney.

The Recollection of a Percipient Witness

By Robert I. Feinberg | Published August 12, 2016 | Posted in Accidents, Personal Injury | Comments Off on The Recollection of a Percipient Witness

Today’s blog topic will be on witness recollection. I do exclusively personal injury cases so I will speak about witness recollection in that context. But you should keep in mind that this has a broader application than just in personal injury cases.

Presenting the Case

By Robert I. Feinberg | Published August 4, 2016 | Posted in Personal Injury | Comments Off on Presenting the Case

How do I put a case together? How do I present it in a comprehensive and thorough fashion to get the best result that I can for my personal injury client? Having done this for a number of years now, I have very strong feelings about how to answer those questions. It really involves a multi-disciplinary approach. I have recently blogged about brain injuries so I will focus on that injury in describing to you how I think your case should best be presented. The lessons can be applied to all forms of injury law.

Technology and Brain Injuries

By Robert I. Feinberg | Published July 22, 2016 | Posted in Brain Injury, Personal Injury | Comments Off on Technology and Brain Injuries

We have been talking about brain injuries and particularly diffuse axonal injuries or shear injuries. These injuries are verified through technology and, in particular, a sophisticated form of MRI. I really want to bring the point home about technology. Technology frustrates a lot of people and its ever changing nature can be especially frustrating.

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