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The Ultimate Weapon

The Ultimate Weapon

When people speak with scorn regarding personal injury law, they often complain that it is just a situation where the lawyer and client are seeking deep pockets. Well, insurance companies have deep pockets but are obviously not in the business of readily dipping into them. Nevertheless, it is true that it is preferable to seek compensation from an insurer than from an individual. The law, however, recognizes that the injured party may not have sufficient compensation from the available liability insurance coverage. There are devices available, pursuant to the Massachusetts Rules of Civil Procedure, which exist to protect the plaintiff in the event that he/she obtains an excess judgment. In pursuing these remedies, the liability insurer, otherwise reluctant to pay its policy, may do the appropriate thing.

What happens in a situation where the plaintiff has suffered significant injuries and the automobile liability insurance policy is only one hundred thousand dollars? A plaintiff can seek an attachment of the tortfeasor’s real estate or bank account. The purpose is to ensure there will be sufficient assets to satisfy a judgment. The standard is an insufficiency of insurance coverage and a reasonable likelihood that the plaintiff will recover. Massachusetts Rules of Civil Procedure 4.1 (c).

Under Rule 4.2 of the Massachusetts Rules of Civil Procedure, trustee process can be brought to attach a bank account in personal injury actions except under actions for malicious prosecution, for slander or libel, or for assault and battery as well as specific recovery of goods and chattels.

Look, it is not my favorite thing to attach a defendant’s property; it is however, something that must be contemplated in the right situation, particularly when dealing with an insurance company that in my opinion is unfairly withholding a settlement offer. Believe me, it will give them pause.

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.

Client Reviews
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    5.0/5.0

    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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    5.0/5.0

    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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    Tedrina R

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    5.0/5.0

    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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    5.0/5.0

    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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    5.0/5.0

    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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    Wellington Belvedere

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