Category Archives: Uncategorized

Both bodies of the Massachusetts legislature recently passed bills banning texting while driving a motor vehicle. Governor Patrick has not expressly supported either bill but has voiced support for a ban on driving while texting. The movement to ban texting while operating a motor vehicle has been gathering strength over the past couple of years […]

The Massachusetts Bar Association publishes a book, “Traps for the Unwary.” That is a great title. There are many traps which can ensnare those who are unwary and even those who feel they are wary. One of the absolute trickiest involves cruise ships. Some people may be going on cruises at this time. They should […]

To the surprise of many, Massachusetts does not have a continuing legal education requirement. Most states do. Whether a requirement or not, a consumer has every right to expect his/her personal injury lawyer to be well-versed in the developing law and in the latest legal trends. Can you imagine having your tooth extracted by an […]

Psychologists and consultants examine all kinds of human behavior and the courtroom is no exception. In psychology, I recall learning the concept of primacy and recency. Essentially that means what people hear first and last are of greatest significance. As a result, I was not completely surprised when I learned more than 20 years ago […]

In medicine we are often told of the importance of getting a second opinion. Obviously, the same can be true in law. However, I like to take it a step further by saying that if you are dissatisfied with your existing attorney, there is nothing keeping you in that relationship. As someone who has been […]

A surprising number of times the issue arises as to whether there can be a claim for personal injuries where there has been no contact between automobiles or, theoretically, between an automobile and a pedestrian. This issue arises especially in the case of motorcycle accidents where my clients, the motorcycle operators, in an attempt to […]

It is understandable that clients would like to know how much their case is worth. This raises the issue of how to value cases. In civil law, particularly in personal injury law, the only means of redress is financial compensation. Experienced practitioners are often very close in assessing value. I would think that this is […]

In May of 1973, America was fixated on the Senate Watergate hearings. I will forever remember Senator Howard Baker’s frequent question, “What did the President know and when did he know it?” Allegedly, he was given the question by none other than Fred Thompson, the future actor, Senator, and Presidential candidate. This question has great […]

As a baseball fan, I have always chuckled at the statement attributed to Ty Cobb, the great baseball player. Cobb, to be sure was crusty, if not downright mean, but in at least one instance he was very funny. Someone approached Cobb toward the end of his life and said, “What do you think you […]

Liens are taking on a major role in the resolution of personal injury cases. By contract, almost every health insurer can assert a lien on their subscriber’s third party recovery. This has major implications for the case. A lien is not limited to a private health insurer, but can arise from Medicare, MassHealth, or any […]