Recent Blog Posts

Brain Injuries

By Robert I. Feinberg | Published July 18, 2016 | Posted in Uncategorized | Comments Off on Brain Injuries

Today I would like to speak about brain injuries and a specific type of brain injury that is not uncommon: a diffuse axonal injury, often referred to as a shear injury. It is often seen in the car accident context and has been estimated to comprise about 50% of the traumatic brain injury hospitalizations.

Harambe, the Gorilla, and the Law of Injuries

By Robert I. Feinberg | Published July 7, 2016 | Posted in Personal Injury | Comments Off on Harambe, the Gorilla, and the Law of Injuries

It is no surprise to say that personal injury law and personal injury lawyers are not the most favored people or most favored thing in our society. I am proud of what I do. However, I do not feel that the stereotype or cliche fits me or the vast majority of my colleagues. In discussing that frightening incident in the Cincinnati Zoo, perhaps I can suggest to you that not all events result in a case, even though plaintiff lawyers are accused of such.

The Commonwealth of Massachusetts Has it Over the Commonwealth of Pennsylvania in the Handling of Third-Party Lawsuits

By Robert I. Feinberg | Published June 24, 2016 | Posted in Personal Injury | Comments Off on The Commonwealth of Massachusetts Has it Over the Commonwealth of Pennsylvania in the Handling of Third-Party Lawsuits

To anyone familiar with my blogs or website, it comes as no surprise that I have come to rely upon the law of 93A and 176D to help my personal injury clients. It has been an effective tool in dealing with insurance companies.

Three C’s: Civil, Civility, Closing

By Robert I. Feinberg | Published June 17, 2016 | Posted in Civil Suit, Personal Injury | Comments Off on Three C’s: Civil, Civility, Closing

Let’s talk about the three C’s. The first is “civil”, those cases that I have always discussed with you and which is the focus of my website. Second, is “civility”, how you act in a courtroom or how you interact with people throughout the course of the case. Third, is “closing,”, for what a closing argument looks like in a civil case.

Common Arguments from Defendants in a Premises Accident Lawsuit

By Robert I. Feinberg | Published June 6, 2016 | Posted in Accidents, Personal Injury, Premises Liability | Comments Off on Common Arguments from Defendants in a Premises Accident Lawsuit

I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:

People Who Have Been Hurt Out-Of-State but Live in State |People Who Have Been Hurt in State But Live Out-of-State

By Robert I. Feinberg | Published May 27, 2016 | Posted in Personal Injury | Comments Off on People Who Have Been Hurt Out-Of-State but Live in State |People Who Have Been Hurt in State But Live Out-of-State

I have had occasion to represent Massachusetts residents who have been hurt of out-of-state and out-of-state residents who have been hurt in Massachusetts. Perhaps the second scenario is the easiest to deal with because if the case requires litigation, you bring the case in a Massachusetts court involving that out-of-state person. You could choose to do it a federal court because of diversity of citizenship or you could choose to bring a personal injury action in state court.

Burn Injuries

By Robert I. Feinberg | Published May 20, 2016 | Posted in Burn Injuries, Personal Injury | Comments Off on Burn Injuries

My legal practice has involved a number of different types of injuries. Two of the most troubling are burn injuries and brain injuries. Today, in this blog, I would like to talk about burn injuries because they come with a unique set of issues. The pain and suffering is exquisite, the disability is exquisite, and the mechanism of injury as to how they were sustained, thermal burns or otherwise, is exquisitely painful.

The Workers' Compensation Lienholder

By Robert I. Feinberg | Published May 13, 2016 | Posted in Personal Injury, Workers Compensation | Comments Off on The Workers' Compensation Lienholder

You may recall in the past that I have spoken about the situation where workers who have been injured on the job have two kinds of claims. The first is a workers’ compensation claim which is lodged or brought against the employer, either an insurer or, occasionally, a self-insurer. The second is a claim for negligence against a party who is not the employer.

O.J. Simpson Trial – Predictability of the Results

By Robert I. Feinberg | Published May 6, 2016 | Posted in Uncategorized | Comments Off on O.J. Simpson Trial – Predictability of the Results

You may recall that I’ve been very interested in the O.J. Simpson case, recently a ten part series known as “The People v. O.J. Simpson: American Crime Story.” The series has increased my curiosity and caused me to reflect on the case for the first time in a long while. In a recent blog, I spoke about the differences of that case, perhaps the biggest criminal case of the 20th century, in comparison to the civil cases that I handle.

Injured Children and the Law of Massachusetts

By Robert I. Feinberg | Published April 29, 2016 | Posted in Child Injuries | Comments Off on Injured Children and the Law of Massachusetts

In a recent blog post, I spoke about children and the law of liability when children engage in youth activities. I’d like to develop that principle a little further and today talk about a very important decision of the highest court of Massachusetts. It was Sharon v. The City of Newton, 437 Mass. 99 (2002). The young woman there was a cheerleader and she got hurt in an after-school cheerleading practice.

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