By Robert I. Feinberg | Published February 28, 2024 | Posted in Accidents | Tagged Tags: acute spinal injuries, computed tomography, spinal cord injury | Comments Off on Understanding Acute Spinal Cord Injury and Its Causes
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Understanding Acute Spinal Cord Injury and Its Causes
The spinal cord is a long, thin tube of nerves that runs down the back from the brainstem to the lower back. It carries messages from the brain to the muscles, telling them to move, and sends impulses back to the brain. An acute spinal cord injury disrupts the normal messages between the brain and Read More
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Determining Fault for a Rear-End Collision
In Massachusetts, fault for a car accident is generally determined based on negligence, which is the failure to exercise the reasonable care that a prudent person would ordinarily observe under similar circumstances. When it comes to rear-end collisions, the law makes it a presumption that the driver in the rear vehicle was principally at fault, Read More
Read MoreThe 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.
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.
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.
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:
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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