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A Report, Though Inadmissible, Just May Be Useful

A Report, Though Inadmissible, Just May Be Useful

Whether it be a government report or a business record, opinions contained in those documents are not admissible in the courts of the Commonwealth. Certain facts, which are contained in public records are admissible but evaluative reports, opinions, and conclusions are not. This is a general statement of the law in Massachusetts where records of primary facts are admissible in evidence but investigations and inquiries are not. This is not to say that such reports are of no use. They may well contain statements from primary actors or precipitant witnesses, which are admissible. Those statements would need an independent basis of admission, such as a statement of a party opponent, which qualifies as an admission. Once again, therefore, despite the general rule that would cause us to set aside these reports, your lawyer would be passing up valuable information if he/she were to ignore the report. Until recently, the Department of Public Health’s Division of Health Care Quality could be obtained and the attorney could see reports for complaints and investigations of falls in nursing homes, for example. This was useful data as it provided evidence of notice against a nursing home and would often provide information about the very incident in a detailed report. Similarly, OSHA investigations may have a wealth of useful information even if its findings are not admissible in the state court. Other governmental agencies, such as the Consumer Product Safety Commission may have helpful data and the restriction on opinions may not hold if the proffered evidence is to show notice on the part of the defendant. The bottom line is that the more ammunition a zealous advocate has, even if at first blush it seems not to be admissible, the greater the chance of success in the pursuit of personal injury cases.

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.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

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

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    I highly recommend this law firm to anybody in need of a excellent Attorney. Colleen is very responsive as well as friendly and caring!! I had a great experience working with her an as i mentioned above i would recommend her office.

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    Keri Pait

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    Marsha was experienced, very helpful and thorough. Absolutely wonderful to work with! I would highly recommend her and this firm to anyone!

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    I would highly recommend Marsha Alban and her team. I am extremely happy with their work!!

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    Sasha Dubinsky

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    Attorney Marsha Alban, represented me with class, respect, and patience. My case was won, because of Ms. Alban's persistent work ethic on my behalf. I greatly appreciate her due diligence and would recommend her expertise to anyone interested in atta...

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    Jaime Ventura

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    If you are searching for a personal injury lawyer who will be there whenever you need them... look no further. Colleen was very transparent throughout the roughly 2 year process and was very easy to work with. She was available to answer any questi...

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