By Robert I. Feinberg | Published January 9, 2015 | Posted in Personal Injury | Leave a comment
Search Site
Recent Blog Posts
What Should You Know About Scarring in a Personal Injury Case
Based on my experience representing clients with scarring, I ask clients to keep in mind two “Ps”: Pictures and Prognostication.Pictures at the time the scar was sustained and pictures of the scarring after some time has passed are very important for obvious reasons. Unfortunately, this means that the client will need to have taken pictures of the scarring within days of the accident. Pictures taken immediately, when the injury is in its “acute” stage are often graphic and should be in the plaintiff lawyer’s arsenal for effective representation.
How Can the Weather Affect a Snow-And-Ice Case?
As we have mentioned in prior blogs, following Papadopoulos v. Target Corp. 457 Mass. 368 (2010), the standard of care of a landowner for a slip and fall accident on snow and ice changed from having to show an artificial or unnatural accumulation of ice to whether the landlord acted reasonably in relation to the threat of harm posed by the snow and/or ice condition. The focus is on the conduct of the defendant who is obligated to use reasonable care in treating the condition that led to the fall.
How Can Demonstrative Evidence Be Used to Explain a Personal Injury
In representing clients I am charged with making their injuries understood by third parties, whether it be opposing counsel, insurance companies, mediators, judges or juries. Although medical records and evaluations by physicians will be used to determine the client’s damages, the best representation of the client’s injuries to a third party is often demonstrative evidence– pictures. And as the old saying goes, “pictures are worth a thousand words.”
How Can a Criminal Case Affect the Outcome of a Civil Case in Massachusetts?
We first discuss an example involving a vehicular homicide resulting in an impending criminal case, which at the same time leads to a civil suit. Thus, there are parallel criminal and civil actions. Attorney Sinnott explains that the criminal case can work in favor of the plaintiff’s attorney in the civil case. First, he cites the doctrines of res judicata/collateral estoppel. This can be very beneficial for the civil case because if the criminal case has resolved with a finding of guilt, that should have conclusive effect on the civil matter.
How Do I Get Compensation For an Injury Caused By a Dog?
Recovery for an injury from a dog depends upon the existence of homeowners insurance coverage on the owner or keeper of the dog. Any injury that occurs as a result of a dog is compensable. The injury need not be an actual bite but could occur as a result of a bump, a trip, or even if a dog causes you to fall from a bicycle.
What Auto Insurance Can a Motorcycle Operator Have to Protect Himself/Herself in the Event of Serious Injury?
The suggestion of a previous blog post on auto insurance applies even more so to motorcyclists. The obvious reason that a motorcyclist needs sufficient protection under Part 3, Bodily Injury Caused By an Uninsured Auto, and Part 12, Bodily injury Caused By an Underinsured Auto, is due to the severity of motorcycle collisions.
What is the Massachusetts Law For an Accident on Someone’s Property?
In the context of accidents and injuries on property or premises, we, as the attorneys for the injured party, need to show that a landowner has failed to act reasonably in maintaining his or her property in view of all the circumstances. You can say that we follow a formula: what is the likelihood of an injury, the potential seriousness of an injury and the burden of avoiding the risk of an injury?
What Auto Insurance Coverage Do I Need to Protect Myself in the Event of an Accident in Massachusetts?
Automobile insurance will protect you in the event that you are sued for your alleged negligence. There is Compulsory Bodily Injury Coverage under Part 1 but you would be well advised to choose Part 5, Optional Bodily Injury Coverage. However, there are two other coverages that you can select which will protect you and your family as well as guest occupants in some circumstances.
What Makes For an Effective Mediation in a Personal Injury Case?
Hopefully, in the last blog I established the wisdom of going to a mediation. This blog will address how I, as your attorney, believe the mediation should be approached. The mediation is done in a private office, not in a courtroom. It is nevertheless adversarial, although politely so.There can be more than ten people present.
What Are the Advantages of Mediation?
One of the best tools in a personal injury lawyer’s arsenal is mediation. Mediation is a form of alternative dispute resolution. Mediation is a voluntary process and non-binding. It is voluntary in the sense that both parties have to agree to attend. It is not final and binding as in the case of arbitration, yet another form of alternative dispute resolution.
Categories
- Accidents (20)
- ADR Mediation (1)
- Alternative Dispute Resolution (1)
- Auto Accidents (32)
- Auto Insurance (1)
- Bankruptcy (2)
- Bicycle Accidents (3)
- Birth Injury (2)
- Brain Injury (11)
- Burn Injuries (4)
- Chapter 13 (1)
- Chapter 7 (1)
- Child Injuries (2)
- Civil Suit (4)
- Construction Accidents (23)
- COVID-19 (5)
- Dog Bites (2)
- E-bike/e-scooter Injuries (1)
- Insurance (7)
- Litigation (6)
- Medical Malpractice (10)
- Miscellaneous (8)
- Motorcycle Accidents (7)
- Negligence (3)
- Negligent Security (1)
- Pedestrians (3)
- Personal Injury (180)
- Premises Liability (11)
- Product Liability (5)
- School Bus Accident (1)
- Settlements (3)
- Slip and Fall (12)
- Soft Tissue Injuries (1)
- Stairway Accidents (1)
- Transit Accidents (1)
- Truck Accidents (6)
- Uncategorized (99)
- Verdicts and Settlements (4)
- Workers Compensation (2)
- Wrongful Death (7)
Archives
- April 2025 (1)
- March 2025 (4)
- February 2025 (5)
- January 2025 (8)
- December 2024 (4)
- November 2024 (4)
- October 2024 (5)
- September 2024 (4)
- August 2024 (4)
- July 2024 (5)
- June 2024 (4)
- May 2024 (4)
- April 2024 (2)
- March 2024 (2)
- February 2024 (2)
- January 2024 (2)
- December 2023 (2)
- November 2023 (2)
- October 2023 (2)
- September 2023 (2)
- August 2023 (2)
- July 2023 (2)
- June 2023 (2)
- May 2023 (3)
- April 2023 (1)
- March 2023 (2)
- February 2023 (3)
- May 2020 (3)
- April 2020 (2)
- October 2018 (1)
- August 2018 (2)
- July 2018 (2)
- June 2018 (2)
- April 2018 (1)
- March 2018 (2)
- February 2018 (2)
- January 2018 (2)
- October 2017 (1)
- September 2017 (1)
- August 2017 (2)
- July 2017 (2)
- June 2017 (2)
- May 2017 (3)
- April 2017 (2)
- March 2017 (2)
- February 2017 (2)
- January 2017 (3)
- December 2016 (3)
- November 2016 (3)
- October 2016 (4)
- September 2016 (5)
- August 2016 (2)
- July 2016 (3)
- June 2016 (3)
- May 2016 (4)
- April 2016 (5)
- March 2016 (3)
- February 2016 (4)
- January 2016 (4)
- December 2015 (2)
- November 2015 (1)
- October 2015 (2)
- September 2015 (2)
- August 2015 (3)
- July 2015 (4)
- June 2015 (2)
- May 2015 (2)
- April 2015 (4)
- March 2015 (1)
- February 2015 (1)
- January 2015 (2)
- December 2014 (1)
- November 2014 (2)
- July 2014 (3)
- June 2014 (1)
- May 2014 (2)
- April 2014 (1)
- March 2014 (4)
- February 2014 (2)
- January 2014 (3)
- November 2013 (3)
- October 2013 (8)
- September 2013 (21)
- August 2013 (4)
- July 2013 (8)
- June 2013 (7)
- May 2013 (3)
- April 2013 (3)
- March 2013 (4)
- February 2013 (6)
- January 2013 (4)
- December 2012 (4)
- November 2012 (4)
- October 2012 (5)
- September 2012 (4)
- August 2012 (4)
- July 2012 (5)
- June 2012 (4)
- May 2012 (2)
- April 2012 (75)
- November 2008 (3)
- October 2008 (3)
- September 2008 (1)
- January 2008 (1)
Robert Feinberg’s Book
Contact us
