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When a person opens an umbrella what does that tell us about the weather? When a ship’s captain brings aboard his wife and children what does that say about what he thinks of the seaworthiness of the vessel?
These are classic examples of conduct from which we make inferences.
Indeed, Judges instruct jurors that inference – really circumstantial evidence – can be as reliable, or more so, than testimonial evidence. Circumstantial evidence is not “mere” evidence and should not be disparaged.
People make inferences all the time and (forgive the rhyme) that is divine. What is not divine are those people who confuse infer with imply. When a speaker says something, or alludes to something, he/she is not inferring; he/she is implying. We, the listener, may well infer something from a statement; that is from the implication.
When a lawyer confuses infer and imply, we may well infer that he/she is unaware of the value of circumstantial evidence. The lawyer’s misconception is unfortunate and all the more galling because the notion of inference is embedded in the law, whether criminal law or civil law, including personal injury.
Feinberg & Alban, P.C. fervently protects your rights
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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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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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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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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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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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