Robert I. Feinberg Personal Injury Law Blog

New lawyers are equipped with legal research and writing skill. The question becomes, however, how does that translate into writing the memoranda or other document in the real life world of advocacy? Something like an offer of proof for court, a brief in the discovery process, or certainly a demand letter to a tortfeasor’s insurer can require different skills than writing formal legal papers in a classroom. The classroom requires much more focus on case law. Perhaps the... Read More

An issue that frequently surprises new lawyers or non-lawyers to civil litigation is how various documents are obtained and then used during the pre-discovery phase and beyond. Often, a litigator obtains certain documents at the outset of a claim, such as medical records of the claimant, in order to assess immediately the scope of the damages. They can then be summarized and presented to the insurer, so that early-on the other side can see the severity of the case.

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Personal injury cases are the most common form of lawsuits in the United States.  You can suffer injuries at work or at play.  You may suffer serious injury in a car accident, or you may slip and fall on your way to a movie at the mall.  Your child may suffer a dog bite while out at the park.

If you suffer an injury due to the wrongdoing of another party, you can seek compensation for damages under Massachusetts law.  What you can and do collect depends on the... Read More

Pedestrians in Massachusetts need to be particularly vigilant after the clocks are turned back in autumn for daylight saving time. Not only do the hours of darkness increase, but drivers—and pedestrians—appear to suffer from sleep deprivation when clocks are readjusted. This translates into a higher number of traffic accidents, including pedestrian accidents. One study reported a 186 percent increase in fatal pedestrian accidents between the end of October and beginning of... Read More

CTS is just one of many workplace-related repetitive stress injuries (RSIs), also known as repetitive motion injuries or occupational overuse syndrome. Repeatedly performing the same arm or hand movement can put stress on muscles and tendons, cause inflammation, and reduce blood flow. The end result is often irreversible damage to nerve fibers.... Read More

Dog bites and animal attacks can cause serious injury.  Massachusetts is a strict liability state that holds dog owners to a high standard.  Dog owners in Massachusetts have an obligation to control their dogs and to prevent injury to others and their property.  Unless a trespassing incident results in the damage or the injured party teased, tormented, or abused the dog, the owner is strictly liable and victims can recover compensation.  Minors under seven years of age are pr... Read More

In light of many recent studies, including one at the Boston University Center for the Study of Traumatic Encephalopathy (CSTE), the NFL has relented to display posters on concussions and on post-concussion syndrome.  These posters will contain explicit language that any fair observer will say had always been resisted by the NFL.  It is a good thing because the evidence is mounting.... Read More

Senate hearings on Supreme Court nominee Elena Kagan focused on the issue of whether a judge should be an activist or respect precedent. Those two are generally seen as mutually exclusive, but depending upon what comes before the court, the very same people who want precedent respected may feel otherwise. The converse may also be true: those who want activist judges want some precedents respected, especially if it would uphold a decision that is favorable to their side.... Read More

When I recently changed my auto insurance, I received a packet from the new insurer.  Front and center was their advice not to admit responsibility for an accident.  Well, their lawyers advised them correctly because any statement-  whether inculpatory, exculpatory, or indeed any remark-  is admissible at a trial if made by a party opponent. ... Read More

It is a well-established practice that a lawyer cannot employ an expert witness on a contingency fee. It is common for personal injury lawyers to use a contingency fee agreement, whereby they are only paid if the plaintiff receives a settlement or award, but this practice is strictly forbidden for experts.... Read More