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The importance of using the tools of the legal trade

A discredited politician from the 1930s was fond of quoting an expression that children regularly hear: “If at first you don’t succeed, try, try again.” Hopefully, I’m not discredited and hopefully that credo stands for something of value and use.

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Harambe and the Alligator – A Difference in the Eyes of the Law

This blog focuses on the very sharp differences in the knowledge of the parents who suffered the tragic loss as compared with the landowner, in this case, the corporate giant Disney.

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The Recollection of a Percipient Witness

Today’s blog topic will be on witness recollection. I do exclusively personal injury cases so I will speak about witness recollection in that context. But you should keep in mind that this has a broader application than just in personal injury cases.

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Common Arguments from Defendants in a Premises Accident Lawsuit

I recently resolved a case at mediation, very satisfactorily in my opinion. The case concerned a client who sustained a bad elbow injury as a result of a fall on an outside stairway leading from a side exit. The client was working as a security guard at the time of the fall. I think it is instructive to bring up the three arguments that I had to overcome -all presented for the first time at the mediation- to obtain the favorable recovery. The case was on for trial in a matter of weeks had we not settled it at the mediation. The three arguments that the defendant/insurance company put forth were:

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Loss of Earning Capacity

By now you would have heard or are familiar with the fact that loss of earning capacity is an element of your damages. Specifically, it is an element of special damages as is the reasonable value of the medical services provided to you. Let’s focus today on the loss of earning capacity and the basic concept behind it.

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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 a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

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    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

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    Cleopatra Anderson

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    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

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    I had a difficult liability case that Marsha Alban handled on my behalf. I was extremely happy with Attorney Alban’s communication with me throughout the claim and especiathe resolution of my claim. I highly recommend this firm as they are up for ...

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    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

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