Recent Blog Posts

Interesting Experts and Videotape

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

For a couple of decades, Massachusetts personal injury lawyers have had the benefit of taking expert witness depositions by audio-visual means. These videos are then shown to the jury and the scheduling nightmares that are often involved in having experts testify in court are no longer a problem. This key component of the plaintiff’s case Read More

To Structure or Not, That is the Question

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

A frequent issue that arises when personal injury cases are about to settle is whether the plaintiff should take the payment in the form of a structured settlement. Structured settlements are payouts over time rather than payment in one lump sum. As usual, the best course of action depends on the specific situation. In this Read More

Personal Injury Awards are Tax-Free

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

Clients are forever amazed that the Internal Revenue Code exempts from the definition of income personal injury awards. Believe it or not, thus has ever been the case. We are not accustomed to benefits such as this flowing to our personal injury clients. This great advantage somehow eludes many experienced lawyers. I am often called Read More

Key areas in any personal injury case

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

There are several key areas to any law firm’s successful handling of these cases: Thorough understanding of insurance law including an ability to process and “coordinate” automobile insurance with health insurance. Thorough understanding of Medicare, Medicaid, and the rights of private health insurers to be repaid. You do not want a case resolved only to Read More

The Personal Injury Plaintiff as Consumer

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

A weapon in Massachusetts personal injury cases is our Consumer Protection Statute, 93A. Passed in the late 1970’s, this is a tool that may have originally been designed to aid the consumer in his/her fight against the retailer for unfair and deceptive acts or practices in commerce. Over the years, it has also been used Read More

Case Values and Scarring

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

Pricing personal injury cases is not easy. Having said that, experienced attorneys will often put a value on cases in amazingly similar amounts. Lawyers will also ask other lawyers who they respect to “price” their case. Sort of a blind taste test if you will. The difference in assessments is often not great. The most Read More

Of Natasha Richardson, Head Injuries, Helmets and Evidence

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

The recent tragedy involving Natasha Richardson has brought to light the science of head injuries, particularly with respect to epidural hematomas and skull fractures. Fortunately, the vast majority of such injuries do not have such a terrible outcome. Nevertheless, her sad case should cause insurers to concede the seriousness of these accidents, even if the Read More

Harm to the Consumer

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

An unfortunate twentieth anniversary has just passed. A law that went into effect on January 1, 1989 greatly curtailed the rights of Massachusetts auto accident victims. This concerned uninsurance and underinsurance motorist coverage. The Legislature passed a bill, called the Massachusetts Auto Insurance Reform Act, signed by Governor Michael Dukakis, which eliminated stacking of policies Read More

Alternative Dispute Resolution? It Depends

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

I am forever asking people in business how their work has changed since their career began. Let me offer my opinion on the sea change in personal injury law. The prevalence of alternative dispute resolution- arbitration and mediation has quickened the resolution of cases and has made their processing cheaper. Those are significant advantages. When Read More

When Two Chances or Two Bites Will Do

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

How many times have we heard that “you only get one chance in life” or “you only get one bite of the apple?” We have been told this countless times. In an on-the-job injury those adages may not be quite true. A worker cannot sue his/her employer. Our workman’s compensation statute provides the employer with Read More

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