Barry A. FeinsteinPrincipal
Barry A. Feinstein has over 25 years of experience handling a broad range of legal matters for Boston residents, including victims of personal injury accidents. He received his undergraduate degree from Northeastern University in 1973, and in 1977 received his law degree from New England School of Law. He is licensed to practice law in the Commonwealth of Massachusetts, the U.S. District Court of Massachusetts, and the U.S. Supreme Court. Attorney Feinstein is a member of the Massachusetts Bar Association, the American Bar Association, the American Association for Justice, and the Massachusetts Academy of Trial Attorneys. He is also the past President of the Peabody Bar Association. As a Boston personal injury attorney, Mr. Feinstein has dedicated over two decades of his career to providing legal counsel to victims of accidents, negligence, and misconduct, including matters arising from motor vehicle accidents, nursing home negligence, medical malpractice, sexual harassment, workers’ compensation, and more.
When you are injured as the result of another person’s carelessness, it can be difficult to know how to proceed to protect your legal rights and to pursue the compensation that you may be entitled to. The Law Offices of Barry Feinstein & Affiliates P.C. offers a free consultation for just this reason. One of the first things that we will determine is the nature of your claim and whether there are any causes of action that might entitle you to relief. Different types of claims require a plaintiff to prove different elements in order to receive compensation. In a motorcycle accident claim, for example, the plaintiff must prove that the defendant owed him or her a duty of care, failed to operate his or her vehicle according to that duty, and caused the plaintiff to suffer damages as a result of that failure. Although this sounds like a simple framework, it can become complex depending on the context of the accident. If the defendant was driving a vehicle for his or her employer at the time of the crash, you may be able to assert a claim against the defendant’s employer as well under a doctrine called vicarious liability. This doctrine can make employers liable for the negligent acts that employees commit during the course and scope of employment. A number of factors may affect whether or not the defendant is deemed to have acted carelessly, such as inclement weather, roadway construction, heavy traffic, and more. It is often necessary to consult with an expert witness to help the jury understand how the defendant’s conduct impacted the plaintiff.
For other types of claims, the plaintiff must prove a different set of elements. In a premises liability action, the plaintiff is required to show that the defendant failed to maintain his or her property in sufficient repair and/or failed to provide adequate warnings. The level of care that a property owner owes to a guest depends on the nature of the relationship between the defendant and the guest. Landowners owe the highest duty of care to persons invited to his or her property for business reasons. Storeowners and shoppers would fall into this category. Landowners owe a slightly reduced duty of care to social guests and family members, while they usually owe no duty of care to trespassers. Although most people associate premises liability accidents with slip and falls, a broad range of injury types can result when a landowner does not take care of his or her property, including broken bones, traumatic brain injuries, and even fatalities.
Medical malpractice actions and nursing home negligence are two other common areas of litigation for Boston residents. It is important to consult with an experienced medical malpractice attorney before pursuing your claim against a doctor who injured you due to the complexity of the laws involved. To prevail in a medical malpractice claim, the plaintiff must show that the doctor did not use the same level of care and treatment that a doctor with a similar background and from a similar specialty in the same geographic location would have used when treating a patient with a similar symptoms and medical history. Nursing home abuse cases often involve medical malpractice issues, but they also focus on providing elderly residents with legal recourse for physical abuse and neglect, emotional abuse, financial abuse, and sexual abuse.
Barry A. Feinstein is a compassionate and dedicated lawyer with substantial courtroom experience who prides himself on seeking justice for injured Boston area residents. Regardless of the nature of your situation, we are happy to sit down with you to see whether we can be of assistance. To schedule your free consultation, call us at 1-800-262-9200 or contact us online.
J.D., New England School of Law, Boston, Massachusetts, 1977
B.A., Northeastern University, Boston, Massachusetts, 1973
American Association for Justice
Massachusetts Academy of Trial Attorneys
Massachusetts Bar Association
American Bar Association
Peabody Bar Association
October 21, 1951, Boston, Massachusetts, United States of America