Author Archives: Robert I. Feinberg
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.
Why Is a Doctor's Evaluation Crucial to a Personal Injury Case?
Doctor’s evaluations of people who have suffered accidents are often the single most important factor in obtaining a high settlement or verdict. Without those evaluations, we are only speculating as to someone’s future condition. There is a time and place for lay testimony.However, opinions, conclusions and prognostications is the province of the medical professional.
What Do I Look For In Hiring a Personal Injury Attorney?
The qualities and characteristics that you look for when hiring an injury attorney are fairly obvious. You want someone who is familiar with the law, has experience, and someone with whom you have a comfort level. On the last point, the attorney-client relationship should be a very strong one as you are working closely together and most likely the relationship will be for more than a year.
What Is My Case Worth? Determining Value Part II
The pricing of personal injury cases may be somewhat like selling a home. The buyer, or the person bringing the action for his or her accident, can be tempted at the outset to have a discussion regarding value. Often I caution my clients that it is far too early to have any sense of the value of the case.
What Determines the Value of My Personal Injury Case?
This is a question that I frequently encounter. It is a legitimate and appropriate question for a personal injury client to ask. In this video blog, I discuss how credibility is “king.” Is the person bringing the lawsuit honest? Is the person reliable? What is the background of the accident victim client?
What Does an Insurance Company/Defense Attorney Look for in a Personal Injury Case?
I am happy to invite a leading defense attorney to participate in this video blog. John Johnson has been defending civil cases for forty years and has been involved in some of the most serious personal injury cases in Massachusetts. That involvement has included the handling of not only trials but appellate cases.
What does a Jury Verdict Slip Look Like in a Case Involving Negligence?
People are surprised to learn that in personal injury cases the jury is given a special verdict form. The first two questions in that document must be answered “yes” if the person suing is to recover. Those questions are: Was the defendant negligent? Was the defendant’s negligence a […]