By Robert I. Feinberg | Published May 19, 2020 | Posted in COVID-19, Personal Injury | Tagged Tags: coronavirus, personal injury case, personal injury claim, personal injury lawsuits, personal injury litigation | Comments Off on How Might COVID-19 Change the Way Personal Injury Cases Are Litigated?
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How Might COVID-19 Change the Way Personal Injury Cases Are Litigated?
How Might COVID-19 Change the Way Personal Injury Cases Are Litigated? Like most other activities where in-person interaction is required, personal injury lawsuits have been disrupted by the COVID-19 pandemic. This can put serious stress on parties who are looking to achieve a legal resolution to disputes stemming from auto accidents, falls and other times Read More
Read MoreThe Open Air of the Courtroom
It has often been said that two things you don’t want to see are “how a sausage is made” and “how laws are made”. In contrast, the philosophy behind civil cases is that there should be full disclosure of information by and to both sides. Rules have been in place for decades now that are Read More
Read MoreDistinctions with a difference: present sense impressions vs. excited utterances
Though they seem similar, there are clear and definitive differences between Rule 803(1) Present Sense Impressions and Rule 803(2) Excited Utterances. If applied correctly, each rule provides an exception to the the rule against hearsay. The former is used in court in the trial of a personal injury case far more than the latter. The Read More
Read MoreAdmissions by Party Opponents vs. Declarations Against Interests
In my last blog, I wrote of the rule pertaining to admissions of party opponents, 801(d)(2) of the Federal Rules of Evidence and the Massachusetts Guide to Evidence. Let’s contrast that to Rule 804(b)(3)’s declarations against interests exception. The most fundamental difference between these two exceptions is that in the first exception the declarant must Read More
Read MoreAs a well-known politician said, ‘Trust but verify’
Loyalty to a client is an essential element of the attorney-client relationship. This relationship binds them through ‘thick and thin’ and against all other persons with conflicting interests. Supreme Judicial Court Rule 3:07 and the Model Rules of Professional Responsibility Rule 1.7 state that an attorney cannot continue to represent two or more clients at Read More
Read MoreCelebrities and Their Personal Injury Cases
No one is immune to personal injuries caused by negligence. Every year it seems a celebrity is involved in some sort of personal injury case, and when they are, the spotlight is on them from the start. Here are some celebrities who have been in the news for personal injury matters recently: The singer Brett Read More
Read MoreSeparating Fact from Fiction in Massachusetts Personal Injury Law
Whether you have been in a car crash, suffered an accident at work, had a slip and fall accident, or were the victim of medical malpractice, you are probably wondering whether you should file a personal injury claim in Massachusetts. There is a lot of information available on the web, but sometimes separating fact from Read More
Read MoreDo You Really Need a Personal Injury Lawyer?
Any citizen can represent himself or herself in a court of law. You are not required to hire a personal injury lawyer in order to file a claim against a negligent party. But because of the complicated and changing nature of the legal system, hiring a personal injury attorney has many benefits. Listed below are Read More
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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