Recent Blog Posts

The Problems with Pre-Settlement Funding

By Robert I. Feinberg | Published February 5, 2016 | Posted in Personal Injury, Settlements | Comments Off on The Problems with Pre-Settlement Funding

You will not find a shortage of companies that offer to loan you money on your case. I have seen them increasingly used in recent years. Having an injury can be a time-consuming, stressful and money-sapping process, especially if the client is out of work. As a result, businesses have been created with the idea of advancing money to injured people but, of course, fully expecting to get that money back plus interest and fees. It’s the “plus interest and fees” that need close examination.

Stairway Accidents

By Robert I. Feinberg | Published January 28, 2016 | Posted in Personal Injury, Stairway Accidents | Tagged Tags: Staircase, Stairs | Comments Off on Stairway Accidents

Believe it or not, in the field of personal injury, there is a whole specialty, or perhaps we should call it a subspecialty, on stairway cases. These cases involve slips or trips and falls that occur on stairways. There is no shortage of data on such accidents. The Consumer Products Safety Commission has collected much of it over the years. Other professions are attuned to safety issues. Designers and architects are always mindful of what the safest configuration will be in constructing a stairway.

How Medical Records Can Support Your Case

By Robert I. Feinberg | Published January 22, 2016 | Posted in Personal Injury | Tagged Tags: Medical Records | Comments Off on How Medical Records Can Support Your Case

What can be more important in a personal injury case than medical records? In considering some of the factors that I want to bring to your attention in today’s blog, I thought back to how I started in tort law or injury law. I began my legal career in a personal injury defense firm in the 1980s, where my boss would frequently go to the Middlesex County courthouse to read medical records of various clients who had cases that we were defending.

Facts vs. Law

By Robert I. Feinberg | Published January 16, 2016 | Posted in Personal Injury | Comments Off on Facts vs. Law

An esteemed judge has said in a trial practice course that as between facts and law, facts are a hundred times more important than law. In these blogs I often deal with law but hopefully it is understood to be an essential framework – but only a framework- for case development. By case development, I mean finding facts that fit into the law. In this blog, I will talk to you about how we go about proving some of the elements of a case. What is the best source or evidence that will help to prove my client’s case?

Why Are Mediations So Popular in Massachusetts?

By Robert I. Feinberg | Published January 7, 2016 | Posted in Personal Injury | Comments Off on Why Are Mediations So Popular in Massachusetts?

As you may be aware, several of my blogs in recent years have dealt with mediation. Mediations are increasingly used as is all forms of alternative dispute resolution. I find it remarkable how commonplace mediation has become for major civil cases, i.e. major personal injury cases as compared to when I started practicing law thirty-five years ago.

Use the Seatbelt Even Though It Can't Be Used Against You

By Robert I. Feinberg | Published December 22, 2015 | Posted in Auto Accidents, Personal Injury | Tagged Tags: Seat Belt Safety | Comments Off on Use the Seatbelt Even Though It Can't Be Used Against You

First let me go on record, as the Massachusetts Academy of Trial Attorneys has, and greatly advocate the use of seat belts. It is one thing that we can all do to help enhance our safety. Unfortunately, sometimes I am faced with clients who are in serious motor vehicle accidents who did not have a seat belt on at the relevant time.

A Way Powerful Evidence Can Be Used in Injury Cases

By Robert I. Feinberg | Published December 9, 2015 | Posted in Personal Injury | Comments Off on A Way Powerful Evidence Can Be Used in Injury Cases

I was recently consulted on a case in which a young driver (with a history of reckless behavior involving alcohol) was entrusted with keys to a car by a parent. (More details about this case can be found on my website’s homepage.) When dealing with cases of this nature, the general rule is that previous accidents or behavior cannot be used as evidence in the trial of a particular accident.

The Weapon of Fair Play in Injury Litigation

By Robert I. Feinberg | Published November 17, 2015 | Posted in Personal Injury | Leave a comment

Today I will be discussing the 93A Massachusetts statute, which declared unfair or deceptive acts or practices in trade or business unlawful. There is also a similar statute of 176D, which declares unfair acts or practices in the business of insurance unlawful. The original intent of the 93A statute, I think it is fair to say, was to help consumers when dealing with purchases of consumer goods, such as appliances.

What Considerations Do I Have Before Filing a Lawsuit for a Personal Injury in Massachusetts?

By Robert I. Feinberg | Published October 30, 2015 | Posted in Personal Injury | Leave a comment

Although there are several considerations that one must consider before hiring an attorney to pursue a personal injury case on his/her behalf, an absolute necessity is to make sure that a lawsuit is brought prior to the expiration of the statute of limitations. This probably does not surprise you as lay people are very familiar with the concept of a statute of limitations.

Considerations of Structured Settlements at the Close of the Injury Case

By Robert I. Feinberg | Published October 16, 2015 | Posted in Personal Injury, Verdicts and Settlements | Leave a comment

This blog concerns the issues relating to structured settlements. A structured settlement is a long-term payout. In the appropriate circumstances with certain clients, it should be given consideration. It is essentially an annuity. Because the payouts are made over time, perhaps decades, you need to make sure the funds are being paid by a sufficiently capitalized corporation, one that will be around to make those payments in the future.

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