By Robert I. Feinberg | Published June 29, 2015 | Posted in Personal Injury | Leave a comment
Most people are aware that in criminal cases the burden of proof is “beyond a reasonable doubt”. If that were expressed in numbers it translates to about a 90% certainty that the defendant has committed the crime. But people often assume that this is also the necessary burden of proof in civil cases. This misconception has been commonly expressed in the wake of the NFL’s investigation into the New England Patriots and Tom Brady for their/his possible role in the “deflate-gate”scandal. As the press has reported, there merely needs to be a “preponderance of evidence”, making it more than a 50% chance – or “more probable than not”- that the party is liable.Read More
Pedestrians often suffer extreme injuries when struck by a motor vehicle. In this video blog, I discuss the various legal considerations that one should be aware of concerning a pedestrian who is involved in such an accident in Massachusetts. One general consideration is the perspective of the opposing insurance company. The insurance company will attempt to defend against the pedestrian’s claim by invoking a Massachusetts statute that requires a pedestrian to cross in a crosswalk if one is available within 300 feet.Read More
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