By Robert I. Feinberg | Published July 28, 2015 | | |
After filing a lawsuit, discovery takes place. By this, we refer to the exchange of documents, written answers to questions (known as interrogatories) and sworn testimony to oral questions (known as depositions). There are several other elements to discovery, including depositions of record keepers as well as witnesses (as opposed to parties). When judges review cases in a Pre-trial Conference, they will invariably ask, “Is discovery complete?” Often there will be depositions that remain to be taken.Read More
Today’s blog is about common misconceptions regarding personal injury lawsuits. I have written blogs on trial practice evoking the old adage from the real estate field, “location, location, and location” in saying that trials are about “evidence, evidence, and evidence”. The pursuit of a personal injury case is at first a matter of “insurance, insurance, and insurance”, something that may surprise many. In every injury or accident case, we must know the insurance coverage of the adversary.Read More
Wrongful death claims in Massachusetts are based on Chapter 229, Section 2 of the Massachusetts General Laws statute. In this blog, I will discuss the most important details of this statute. The claim is brought by a personal representative of the decedent, referred to as an administrator/administratrix or executor/executrix.Read More
There are several questions that I am frequently asked as a personal injury attorney. The most common question is whether a client’s case will be tried or settled. Contrary to what we see on TV, most cases settle before trial. However, even if the case is settled, a lawsuit is often filed and discovery takes place. Your case could go almost to the point of a trial, but there are still many opportunities for settling prior to entering the courtroom. Mediation has become an often used tool and most litigators will consider it as an option.Read More
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