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The Ultimate Weapon

When people speak with scorn regarding personal injury law, they often complain that it is just a situation where the lawyer and client are seeking deep pockets. Well, insurance companies, have deep pockets but are obviously not in the business of readily dipping into them. Nevertheless, it is true that it is preferable to seek compensation from an insurer than from an individual. The law, however, recognizes that the injured party may not have sufficient compensation from the available liability insurance coverage. There are devices available, pursuant to the Massachusetts Rules of Civil Procedure, which exist to protect the plaintiff in the event that he/she obtains an excess judgment. In pursuing these remedies the liability insurer, otherwise reluctant to pay its policy, may do the appropriate thing.

What happens in a situation where the plaintiff has suffered significant injuries and the automobile liability insurance policy is only one hundred thousand dollars? A plaintiff can seek an attachment of the tortfeasor’s real estate or bank account. The purpose is to ensure there will be sufficient assets to satisfy a judgment. The standard is an insufficiency of insurance coverage and a reasonable likelihood that the plaintiff will recover. Massachusetts Rules of Civil Procedure 4.1 (c).

Under Rule 4.2 of the Massachusetts Rules of Civil Procedure, trustee process can be brought to attach a bank account in personal injury actions except under actions for malicious prosecution, for slander or libel, or for assault and battery as well as specific recovery of goods and chattels.

Look, it is not my favorite thing to attach a defendant’s property; it is however something that must be contemplated in the right situation, particularly when dealing with an insurance company that in my opinion is unfairly withholding a settlement offer. Believe me, it will give them pause.

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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.

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

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    5.0/5.0

    Attorney Colleen Santora, was a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

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    Cody

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    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

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    Cleopatra Anderson

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    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

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    Susan Hawes

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    5.0/5.0

    I had a difficult liability case that Marsha Alban handled on my behalf. I was extremely happy with Attorney Alban’s communication with me throughout the claim and especiathe resolution of my claim. I highly recommend this firm as they are up for ...

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    5.0/5.0

    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

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    Joel K

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