By Robert I. Feinberg | Published October 10, 2018 | |
I recently learned that many plaintiff lawyers are deciding to forgo a presentation at the start of a mediation. You may know from past blogs that mediation is increasingly used as a form of alternative dispute resolution. Virtually every major case is mediated. Whether the mediation was worthwhile is the subject of another blog. Often mediation can be successful.Read More
As you are aware by now, many of my blogs have dealt with the concept of landowner liability. Maybe that’s just a fancy way of referring to an owner of property. For example, many such personal injury cases involve a commercial establishment which has a duty to maintain its property, inside and out, in a reasonably safe manner. From my experience, I would have to say that one very helpful factor, one that has come up a lot in recent cases, is if the condition that causes the accident has been a long standing condition.Read More
Over the past several years the point of these blogs has been to try to educate the consuming public, to those who might have a case or those wondering about the lawsuit/litigation process. As in any profession, there can be misconceptions about what happens. In the past I’ve discussed how long a case takes. Certainly there are no hard and fast rules on that.Read More
We know that the law often changes or, as academics are fond of saying, evolves. Yes, over the years more claims have been permitted by the highest court of Massachusetts, the Supreme Judicial Court, and the Massachusetts state legislature. Of course, sometimes the pendulum swings the other way, that is against the rights of victims.Read More
In terms of which courts adjudicate personal injury cases, federal courts are courts of limited jurisdiction by the terms of the constitution. They can only hear certain cases. Those cases include the United States as an active party, cases that bring into question violations of the constitution, other federal questions and then a big catchall: diversity cases.Read More
Negligence by any other name is… negligence. Of course, to be sure, there are terms that we can use to illustrate what negligence is: a civil wrong, fault, failure to act as a reasonable and prudent person, individual, corporation, professional, etc. Negligence can entail acting (not just failing to act) but in a way that is below the commonly accepted standard. To prove negligence, the client must have sustained an injury that falls either under bodily harm, or harm to property.Read More
A recent and tragic case brings home the proposition on just how cruel the law can be, or at least seem to be. A fourth grader in a Lynn public school had been the target of ongoing bullying. One morning, when the class was lining up to enter the school, he was pushed down the stairs. The child suffered a severe spinal injury, resulting in paralysis.Read More
In past blogs I’ve discussed important issues relating to evidence. The arguments about evidence, and the admissibility of certain documents and/or testimony can make or break a case, especially a serious personal injury case. I think I can say that with a fair degree of confidence based upon my experience, now approaching almost four decades of doing just personal injury work.Read More
In a serious personal injury accident, the victim may have two claims. The first claim would be for workers’ compensation and that comes about if the injured party was working at the time of the accident. If there is yet another entity who was negligent, then there is the possibility of a second claim.Read More
A phrase familiar to us is the statute of limitations. Lay people are thoroughly familiar with that term and its meaning. As is commonly known, if you start a court action after that date, your claim is forever barred. Needless to say, no one wants to be in that position.Read More
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