Recent Blog Posts

Born to be Wild – But Safe

By Robert I. Feinberg | Published March 4, 2013 | Posted in Motorcycle Accidents | Tagged Tags: accident attorney, injuries, motorcycle accident | Leave a comment

Motorcycles provide a unique driving experience that is both fun and fuel-efficient. Unfortunately, riding a motorcycle can also be very dangerous. If you get into a motorcycle accident, it is quite likely that you will be injured because your body is so exposed to other vehicles. Such injuries are often serious and in the worst-case Read More

Biting Back

By Robert I. Feinberg | Published February 25, 2013 | Posted in Personal Injury | Tagged Tags: dog bite, personal injury attorney, personal injury claim | Leave a comment

Filing a personal injury claim after you’re bitten by a dog They say dog is man’s best friend, but unfortunately that is not always the case. Some dogs are trained by their owners to be aggressive, and others sometimes turn and bite people unexpectedly. Regardless of the reason, being bitten by a dog can be Read More

Don’t Just Spin Your Wheels

By Robert I. Feinberg | Published February 18, 2013 | Posted in Personal Injury | Tagged Tags: bicycle accidents, car accident, personal injury attorney, safety tips | Leave a comment

Be smart and avoid bicycle accidents Biking has become more popular than ever in the U.S. According to a recent Rutgers University study, the number of bike commuters in the country rose by 64 percent between 1990 and 2009. Unfortunately, when bikes and automobiles share the road, an accident is always a possibility. And because Read More

Danger Ahead – Tips for Driving in Bad Weather

By Robert I. Feinberg | Published February 11, 2013 | Posted in Auto Accidents | Tagged Tags: accident, injury attorney | Leave a comment

Bad weather can make driving a lot more difficult. When road visibility and the control you have over your car are affected, the risk of an accident increases dramatically. Sometimes, staying in and waiting out the storm is your safest option. However, if you do have to drive, you should be familiar with some precautionary Read More

Relevant Evidence

By Robert I. Feinberg | Published February 4, 2013 | Posted in Personal Injury | Tagged Tags: claim, Evidence, injury attorney, trial | Leave a comment

Although all evidence introduced by a lawyer must be considered “relevant evidence” before it can be admitted, many lawyers today would nevertheless struggle to give an adequate legal definition of the word “relevancy”. According to the Advisory Committee’s notes in drafting Rule 401 of the Federal Rules of Evidence, the proper definition is in the Read More

Prejudice, Confusion and Waste of Time

By Robert I. Feinberg | Published February 4, 2013 | Posted in Personal Injury | Leave a comment

Rule 403 of the Federal Rules of Evidence and the Massachusetts Guide to Evidence empowers judges to exclude evidence, which may pass the relevancy test (a rule of evidence explored in one of our previous blogs), but nevertheless unfairly biases jurors towards one side or the other, confuses them, or simply wastes the court’s time Read More

Who is an Expert?

By Robert I. Feinberg | Published February 4, 2013 | Posted in Personal Injury | Leave a comment

The distinction between expert witnesses and lay witnesses, as defined by the Federal Rules of Evidence, is likely far more complicated than most people realize. Despite their typical presentation on television, experts are not always doctors, scientists, or professors. As Rule 702 states, an expert can testify based on the expert’s own scientific, technical or Read More

Beneficiaries

By Robert I. Feinberg | Published January 28, 2013 | Posted in Wrongful Death | Tagged Tags: injury case, personal injury attorney, verdict, Wrongful death claims | Leave a comment

Many people are unaware that in a wrongful death action in Massachusetts, which is brought under Massachusetts General Laws, c. 229 s. 2, the proceeds are meant to be distributed to the statutory beneficiaries and pass outside of the estate. It must be noted that M.G.L. c. 229, sec. 2 references the classes of statutory Read More

Distinctions with a difference: present sense impressions vs. excited utterances

By Robert I. Feinberg | Published January 21, 2013 | Posted in Personal Injury | Tagged Tags: file a claim, personal injury attorney, personal injury case, trial | Leave a comment

Though they seem similar, there are clear and definitive differences between Rule 803(1) Present Sense Impressions and Rule 803(2) Excited Utterances. If applied correctly, each rule provides an exception to the the rule against hearsay. The former is used in court in the trial of a personal injury case far more than the latter. The Read More

Admissions by Party Opponents vs. Declarations Against Interests

By Robert I. Feinberg | Published January 14, 2013 | Posted in Personal Injury | Tagged Tags: personal injury attorney, personal injury case, Rules of admission, trial | Leave a comment

In my last blog, I wrote of the rule pertaining to admissions of party opponents, 801(d)(2) of the Federal Rules of Evidence and the Massachusetts Guide to Evidence. Let’s contrast that to Rule 804(b)(3)’s declarations against interests exception. The most fundamental difference between these two exceptions is that in the first exception the declarant must Read More

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