Understanding the legal process and ensuring that your rights are protected following a personal injury accident can be incredibly daunting. At The Law Offices of Barry Feinstein & Affiliates P.C., we have seen firsthand exactly how stressful the aftermath of an accident can be. Whether you are dealing with serious injuries, an inability to work, or other disruptions in your life such as figuring out childcare, you still deserve justice. We have handled a wide variety of legal matters including personal injury, wrongful death, motor vehicle accidents, medical malpractice, elder abuse, nursing home negligence, and premises or products liability. This includes taking matters from the very beginning all the way to trial in state and federal courts. To learn more what a trial involves or about your legal rights and options, consult a knowledgeable Boston trial lawyer at our firm.Seek Counsel From a Tenacious Trial Lawyer
In many legal situations, the matter is resolved through a settlement before trial, or even before a complaint is filed. It can be difficult to know at the outset of a legal matter if this will be occur, but it is important to prepare your case as if the matter could go to trial. This includes ensuring that your attorney has sufficient experience in the courtroom and will be able to advocate for your rights and legal interests. It also includes having experience litigating cases similar to yours and in the same practice area, whether related to car accidents, slip and falls, or some other injury. There are countless procedural and evidentiary rules that apply in trials and if your attorney fails to navigate these rules correctly it could prejudice your claim. In most civil cases, the plaintiff has the burden of establishing certain facts by a preponderance of the evidence. This standard requires the jury to decide that it is more likely than not that a fact or event occurred. Some have defined this standard as requiring the plaintiff to show that at least 51% of the evidence is in his or her favor. Some trials require a heightened standard of evidence called clear and convincing evidence. An experienced trial attorney serving Boston will be well-versed in all of these standards.
Also, ensuring that you obtain the right expert witnesses to testify on your behalf can be a critical step. Before an expert witness can testify on your behalf, the court must approve him or her as an expert in the given subject matter. The court considers four factors in determining whether to allow someone to testify as an expert including whether the testimony is based on sufficient facts and data as well as whether the proposed witness’ scientific, technical, or other special knowledge will assist the jury with understanding the evidence or to help determine a disputed fact.Securing Your Right to Compensation in a Personal Injury Matter
The elements that a plaintiff must establish in a personal injury case vary depending on the type of legal matter involved. In a car accident, for example, the plaintiff must show that the defendant failed to use reasonable care and skill when operating his or her vehicle and that this caused you to suffer injuries. In a medical malpractice action, on the other hand, you must show that the medical professional did not act as other medical professionals in the area with similar training and experience would have acted when treating a similar patient. There are certain procedural rules that apply in Massachusetts medical malpractice cases, as well, which a knowledgeable Boston trial lawyer will be familiar with. And in a product liability action, the plaintiff must show that the product was unreasonably dangerous. This includes manufacturing defects, design defects, and inadequate warnings or instructions. In very complex cases, you may need to consult with a wide variety of experts in order to explain how the defendant was negligent or how the product was defective.
Premises liability actions are also quite common in Massachusetts. The type of accident that you suffer will impact what you must prove, but in general landowners have a duty to ensure that their premises are reasonably safe. The level of care that they must use in finding dangerous conditions or providing warnings depends on the status of the person who is injured. Landowners owe a higher duty of care to business invitees than social guests, for example.Consult With a Dedicated Boston Trial Attorney
At The Law Offices of Barry Feinstein & Affiliates P.C., we pride ourselves on ensuring that every client is treated with the compassion and personal attention that they deserve. No matter the type of injury that you suffered, we are here to ensure that you are treated fairly. We have substantial experience handling trials, include complex legal matters, and accidents involving catastrophic injuries or multiple defendants. We are available to represent clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Quincy, Dedham, Somerville, Norwood, Brookline, and Peabody. To schedule your free consultation call us at 1-800-262-9200 or contact us online to get started.