Search Site
Menu

A Report, Though Inadmissible, Just May Be Useful

Whether it be a government report or a business record, opinions contained in those documents are not admissible in the courts of the Commonwealth. Certain facts which are contained in public records are admissible but evaluative reports, opinions, and conclusions are not. This is a general statement of the law in Massachusetts where records of primary facts are admissible in evidence but investigations and inquiries are not. This is not to say that such reports are of no use. They may well contain statements from primary actors or precipitant witnesses which are admissible. Those statements would need an independent basis of admission, such as a statement of a party opponent which qualifies as an admission. Once again, therefore, despite the general rule that would cause us to set aside these reports, your lawyer would be passing up valuable information if he/she were to ignore the report. Until recently, the Department of Public Health’s Division of Health Care Quality could be obtained and the attorney could see reports for complaints and investigations of falls in nursing homes, for example. This was useful data as it provided evidence of notice against a nursing home and would often provide information about the very incident in a detailed report. Similarly, OSHA investigations may have a wealth of useful information even if its findings are not admissible in the state court. Other governmental agencies, such as the Consumer Product Safety Commission may have helpful data and the restriction on opinions may not hold if the proffered evidence is to show notice on the part of the defendant. The bottom line is that the more ammunition a zealous advocate has, even if at first blush it seems not to be admissible, the greater the chance of success in the pursuit of personal injury cases.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I suffered injuries and total loss if my car last year in a head on collision. Colleen Santora took my case and fought well on my behalf. She thoroughly answered all my questions and concerns, always responding in a quick and timely manner. She helpe...

    Read more

    Jessica Matt

  • google
    5.0/5.0

    Choosing Feinberg & Alban was probably one of the best decisions I ever took. Robert Feinberg and Perry Feinberg are amazing in their professionalism as well as in compassion. Perry was the lead attorney for me. He was always responsive to any questi...

    Read more

    Raja Bhattacharyya

  • google
    5.0/5.0

    I would like to express my gratitude to Feinberg & Alban PC. They are great people and professionals. If you need an attorney these are your guys. Thank you so much! Tatiana

    Read more

    Tatiana Andreeva

  • google
    5.0/5.0

    It was unbelievable!! I got into a motorcycle accident didn’t remember a thing when I woke up I was in the hospital and very terrified I thought to myself I think I need a lawyer I started looking online and I came across this law firm let me tel...

    Read more

    Vin Loco

  • google
    5.0/5.0

    Colleen Santora helped immensely in every step along the way of my fight against the insurance company regarding my property damage and injuries sustained. I'm grateful and would recommend Colleen to anyone! Thanks

    Read more

    DatDude Lex

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form