Recent Blog Posts

The Ineffable Nature of Personal Injury Value:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

It is understandable that clients would like to know how much their case is worth. This raises the issue of how to value cases. In civil law, particularly in personal injury law, the only means of redress is financial compensation. Experienced practitioners are often very close in assessing value. I would think that this is Read More

Personal Injury Cases in the Context of Watergate:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

In May of 1973, America was fixated on the Senate Watergate hearings. I will forever remember Senator Howard Baker’s frequent question, “What did the President know and when did he know it?” Allegedly, he was given the question by none other than Fred Thompson, the future actor, Senator, and Presidential candidate. This question has great Read More

Can Your Lawyer Still Hit the Fastball:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

As a baseball fan, I have always chuckled at the statement attributed to Ty Cobb, the great baseball player. Cobb, to be sure was crusty, if not downright mean, but in at least one instance he was very funny. Someone approached Cobb toward the end of his life and said, “What do you think you Read More

When a Lien is not Lean:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

Liens are taking on a major role in the resolution of personal injury cases. By contract, almost every health insurer can assert a lien on their subscriber’s third party recovery. This has major implications for the case. A lien is not limited to a private health insurer, but can arise from Medicare, MassHealth, or any Read More

As Massachusetts Goes, so Goes…

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

History buffs will remember a famous expression that grew out of a disastrous Liberty Digest magazine poll in 1936. That poll predicted a landslide for Republican Alf Landon over Democrat Franklin Roosevelt. I say disastrous not to express support for one or the other candidate but to describe how far off the mark the poll Read More

Torrez Comes to the Set and Pitches… This Time in Court.

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

When Boston Red Sox fans hear the name of Mike Torrez, they immediately think of Bucky Dent and the homerun in the 1978 one game Red Sox-Yankee Playoff. However, Torrez has a role in Massachusetts courts where he served as an expert witness in a case in which a bullpen pitcher threw a ball that Read More

A Little Enthusiasm Can Go A Long Way

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

Along with many other characteristics that your personal injury lawyer should have is enthusiasm for your case. That quality will be conveyed at every stage of the litigation process. This is not a mechanical business. While it can be technical, the representation of personal injury clients is a personal service. At its core, the injury Read More

Honesty is the Best Policy

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

I have often been asked if a client’s return to work shortly after being injured will compromise the case. I am proud to say that I always answer, “Do what you feel you are capable of doing and don’t let the case influence you.” Honesty is the best policy in our actions and deeds. This Read More

He Who Hesitates

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

It is generally stated that personal injury cases in Massachusetts, really tort cases, have a three year statute of limitations. The problem is that, as with most generalizations, there are exceptions. In suing a public agency, such as the Massachusetts Bay Transportation Authority (MBTA), the plaintiff must bring the action within two years. In suing Read More

Four Characteristics of Witness Testimony

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

When a lay person testifies to what he or she has observed about an accident involving my client, I am sure to consider the following: the witness’ ability to perceive, tell the truth, remember, and narrate. These are the criteria that I was taught in evidence class thirty years ago and they are relevant today Read More

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