By Robert I. Feinberg | Published June 24, 2016 | Posted in Personal Injury | Comments Off on The Commonwealth of Massachusetts Has it Over the Commonwealth of Pennsylvania in the Handling of Third-Party Lawsuits
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The Commonwealth of Massachusetts Has it Over the Commonwealth of Pennsylvania in the Handling of Third-Party Lawsuits
To anyone familiar with my blogs or website, it comes as no surprise that I have come to rely upon the law of 93A and 176D to help my personal injury clients. It has been an effective tool in dealing with insurance companies.
Three C’s: Civil, Civility, Closing
Let’s talk about the three C’s. The first is “civil”, those cases that I have always discussed with you and which is the focus of my website. Second, is “civility”, how you act in a courtroom or how you interact with people throughout the course of the case. Third, is “closing,”, for what a closing argument looks like in a civil case.
Common Arguments from Defendants in a Premises Accident Lawsuit
I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:
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