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History buffs will remember a famous expression that grew out of a disastrous Liberty Digest magazine poll in 1936. That poll predicted a landslide for Republican Alf Landon over Democrat Franklin Roosevelt. I say disastrous not to express support for one or the other candidate but to describe how far off the mark the poll […]

When Boston Red Sox fans hear the name of Mike Torrez, they immediately think of Bucky Dent and the homerun in the 1978 one game Red Sox-Yankee Playoff. However, Torrez has a role in Massachusetts courts where he served as an expert witness in a case in which a bullpen pitcher threw a ball that […]

Along with many other characteristics that your personal injury lawyer should have is enthusiasm for your case. That quality will be conveyed at every stage of the litigation process. This is not a mechanical business. While it can be technical, the representation of personal injury clients is a personal service. At its core, the injury […]

I have often been asked if a client’s return to work shortly after being injured will compromise the case. I am proud to say that I always answer, “Do what you feel you are capable of doing and don’t let the case influence you.” Honesty is the best policy in our actions and deeds. This […]

It is generally stated that personal injury cases in Massachusetts, really tort cases, have a three year statute of limitations. The problem is that, as with most generalizations, there are exceptions. In suing a public agency, such as the Massachusetts Bay Transportation Authority (MBTA), the plaintiff must bring the action within two years. In suing […]

When a lay person testifies to what he or she has observed about an accident involving my client, I am sure to consider the following: the witness’ ability to perceive, tell the truth, remember, and narrate. These are the criteria that I was taught in evidence class thirty years ago and they are relevant today […]

I was reviewing some old files last month when I came across portions of a case that I handled in the 1980s. Actually, the case was begun by another attorney who went on to achieve major success in a field related to law, but not in the practice of law. That attorney started handling this […]

The proposals to reform the contingency fee system have at their heart, it seems to me, a desire to remove the lawyer from the process. The question for clients should become: am I better off hiring a competent, or hopefully excellent, attorney than going it alone? It is not unheard of for an insurance adjuster […]

Well before the digital age, we heard the expression, “a picture is worth a thousand words.” Nowhere is that more appropriate than in the personal injury context. In any kind of medical testimony, the doctor, who in effect is a teacher, should use demonstrative aids to explain his/her testimony. Not only does it make the […]

At the conclusion of a trial in the judge’s charge to the jury, the instruction will often be that the “defendant takes the plaintiff as he finds him”. That is an instruction that plaintiffs want. It is known as the “eggshell rule” meaning that if someone who is more susceptible to a serious injury or […]