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In follow up to my last blog post about words of legal significance, I am reminded of the following word: disinterested. Often that word is confused with uninterested. To not care is to be uninterested. To be impartial is to be disinterested, not favoring either side. Obviously we want our judges and juries to be […]

When a person opens an umbrella what does that tell us about the weather? When a ship’s captain brings aboard his wife and children what does that say about what he thinks of the seaworthiness of the vessel? These are classic examples of conduct from which we make inferences. Indeed, Judges instruct jurors that inference […]

When I started practicing personal injury law, I was always told that there is a prejudice against motorcycle operators and that this will hurt in the representation of motorcycle victims. First, let’s turn that on its head: motorcycle operators, to the extent that one should and can generalize, are pretty meticulous people. Yes, they are […]

Massachusetts auto insurance law is at least as difficult as “the uninitiated driver’s first foray into the city of Boston.”  These are the words of the Supreme Judicial Court, the highest court in Massachusetts and were written nearly twenty-five years ago.  Any plaintiff/victim should make sure that his/her attorney is familiar with those laws. Less […]

Attorneys representing injured victims – be it for accidents on premises, auto, products liability, medical malpractice and nursing home malpractice – must be willing to incur expenses to present the case thoroughly and imaginatively. However, there is one expense that costs thousands of dollars that I do not feel is a necessity: the much revered […]

Proving responsibility in personal injury cases can be reduced to the following: a brick by itself is a brick but together bricks make a wall. Essentially that is the definition of relevant evidence. Relevant evidence, according to the Federal Rules of Evidence, means that it has a tendency to make any fact more or less […]

As a Boston personal injury lawyer, I certainly encounter accidents relating to bad weather. These can take the nature of snow and ice, fall downs or auto accidents where the at-fault driver did not adjust for inclement conditions. A fall down injury occurring because of snow and ice is often compensable. These usually serious injuries […]

Robert I. Feinberg 07 November 2008 Valuing a case involves three crucial elements: Liability i.e. fault on the part of the person/corporation being sued; damages; and qualities relating to the plaintiff. But to pursue a case you need something else: a fourth and very crucial element, a source from which to recover money such as […]

Robert I. Feinberg 05 November 2008 As I approach my thirtieth year of practicing law, I am still intrigued by what makes for a successful personal injury case. The reality is somewhat different from what was taught in law school. Law school conveys a sense of what the law is, but the practice of law […]

Robert I. Feinberg 03 November 2008 For over twenty years my firm has been writing to clients about auto insurance. The purpose has been to inform consumers that they purchase enough coverage to protect themselves not only from a lawsuit but in the eventuality that the at-fault driver has no insurance or insufficient insurance. This […]