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Recent Posts in evidence Category

Objections and Motions to Strike in Massachusetts Personal Injury Cases

If you are a fan of television courtroom dramas, then you've likely observed the evidentiary objection process time and time again. If you are not a lawyer, you probably have not put much thought ...
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Can I Use the Police Report in my Massachusetts Personal Injury Case?

The past few weeks, we have predominantly discussed evidentiary issues under Massachusetts law and how they pertain to Massachusetts personal injury cases. For much of that time, you belt the issue of ...
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Are Business Records Admissible in my Massachusetts Personal Injury Case?

While Massachusetts evidentiary rules apply to all Massachusetts state court cases, as a Boston personal injury lawyer, I always think of the implication of our evidentiary standards as they apply to ...
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Are Medical Records Admissible in Massachusetts Personal Injury Cases?

Sometimes the best way for lawyers and non lawyers alike to learn and understand the law is to review old but not overturned personal injury law cases. I like that approach regarding the issue of the ...
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State of Mind or Intent in a Personal Injury Case

As we've covered in previous blog posts, out-of-court statements offered to prove the matter asserted in those statements are considered hearsay and are inadmissible. However, there are several ...
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Will a Dying Declaration Come into Evidence in my Massachusetts Personal Injury Case?

There simply tends to be something more reliable about a statement made on one's death bed than one made in ordinary life. Regardless of the reliability of any one statement, as a whole we feel, ...
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What you tell your Doctor about Your Personal Injury is Admissible Hearsay

If you follow this blog, by now you understand hearsay and it's applicability to Massachusetts personal injury cases. Through this blog, our Boston personal injury lawyers have educated you to ...
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How Pain and Suffering Hearsay Comes in to your Personal Injury Case

If you have had a personal injury in Massachusetts, you clearly need to write evidence to the court of your damages. Included in that are your damages of pain and suffering. That is, the actual pain ...
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What is Hearsay and How Does it Impact my Personal Injury Case?

Most everyone who is paid any attention to the legal system it is somewhat familiar with the legal term of hearsay. Hearsay is an out-of-court statements introduced to prove the truth of the matter ...
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How Spontaneous Declaration Hearsay Comes in in Personal Injury Cases

Yes, testimony was excluded on the basis of hearsay due to its inadmissibility, but there are several exceptions. Today we will talk about the spontaneous declarations exception and how it may be ...
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What Makes an Expert Witness in a Personal Injury Case?

As you might have guessed, expert testimony is generally given more credibility and weight by the finder of fact a Massachusetts personal injury case, or any other case for that matter, whether the ...
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What's a Non-Expert's Opinion Worth in a Personal Injury Case?

Clearly, you don't have to be an expert to testify court. All you need to Understand this is a fundamental understanding of our court system. Witnesses of all sorts testified of various things. ...
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When is an Opinion Relevant in a Personal Injury Case?

For trial attorneys and personal injury lawyers like me, there is really no question about it: witnesses love to give their opinions. Well, maybe I should say, people like to get their opinions. And, ...
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What Burden of Proof do you have Meet in a Personal Injury Case?

In order to recover in a personal injury case in Massachusetts, you have to prove your case. What is that really mean? What is a burden of proof? How much evidence is really necessary? What if I think ...
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Journalist Privilege: When Should Sources Be Revealed

There are logically a variety of reasons the journalists should reveal their sources, just as there are reasons they should keep them confidential. As a Boston personal injury attorney, my analysis is ...
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