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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 is not simply a naïve view. In addition to the ethical requirements that govern a lawyer who answers this question, the practical considerations dictate being honest.
Defense lawyers and the insurance companies by whom they are hired are trained to detect malingerers. Often that is their mindset. As a result, any client can expect dozens of questions probing why they returned to work when they did. The defense cross-examiner will have the benefit of all related medical records and work records, and will spend ample time reviewing those records for any inconsistency. There is nothing better than a client who can answer questions ‘ whether they be posed suspiciously or not ‘ with a polite but firm and truthful answer. Far better to return to work on the early side, if medically possible, than to sit at home, both emotionally and for purposes of the case.
As an example, I proudly recall arguing to a jury about a particular client’s special qualities when, after a serious brain injury and surgery, he returned to work only three months after his terrible accident and never missed another day. It allowed me to speak of the triumph of his spirit and it cast him in a very favorable light, a light that he well-deserved.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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5.0/5.0
On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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