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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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    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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    Hillary Nelson

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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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    Catherine Connor

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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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    Farwa Faheem

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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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    Jackie Salyers

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    Robert Feinberg was an absolute delight to work with. My car accident was a horrific experience. Robert and his team secured the top dollar settlement possible for my case. It was a great decision to work with his team, from the very first com...

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