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Personal Injury Law Firm Burns & Jain Injury Blog

We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.

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Triple damages in Massachusetts When Using 93A

Massachusetts has several laws which govern and direct certain aspects of the insurance industry. This article will briefly discuss the two most useful to the physical medicine provider: Massachusetts General Laws, Chapter 93A and Chapter 176(d). They regulate unfair and deceptive acts and practices within the insurance industry. These two statutes, for example, govern what constitutes a “reasonable” investigation by the insurer, whether the insurer acted in a timely manner in processing claims/bills, or whether the insurer offered a reasonable settlement in an ongoing matter. A Chapter 176(d) violation is a per se violation of chapter 93A. Built within Chapter 93A is the availability of double or triple damages (meaning once damages are found a judge may double or triple the amount) and the possibility of costs and attorney fees. This is such a big deal because our civil justice system is neither designed to punish a defendant (that is left to criminal law), nor award attorney fees and costs: known as the American Rule, each party is left to pay their respective costs of litigation, win or lose.

2009 Roth IRA News

Our clients, from Boston and all over Massachusetts, ask us about IRAs, Roth IRAs and the new rules about conversion. First, an IRA is an Individual Retirement Account in which if you have earned income, you may contribute up to $5,000 in 2009; however, if you are 50 or over, you may add an additional $1,000. You must have earned income of the amount you are contributing. The good news is that you can deduct from your taxable income the amount you contribute. The bad news is that at the time of withdrawal, you must declare the amount you withdraw as income. Further, when you reach age 70.5, you must begin withdrawals (and pay the taxes) per an IRS schedule; and any monies left when you die are taxable to your estate.

Boston Underinsurance Coverage is Key

Time and time again we urge our Massachusetts clients to pay for Underinsurance Coverage in their motor vehicle policies. For some reason insurance agents neglect to inform their customers that this is some of the most critical coverage you can purchase. In Massachusetts, you are only required to have $20,000 of liability coverage. Thus, if you are injured by another driver, no matter what your lost wages are, no matter how high your medical bills are, and no matter how badly injured you are, you can only get $20,000 from their insurance company. It is not likely that they have any other assets to pay you. There is an answer, however: buy more Underinsurance coverage! If you were to purchase a $100,000 policy from your insurer, you, or anyone in your vehicle, would be covered up to that amount in the event the other driver caused damage to you. Please see our website for a more detailed explanation of underinsurance in Massachusetts.

Treble Damages in Massachusetts Legal Malpractice 93A Case, plus Attorney Fees

Our office undertakes litigation with a personal injury and legal malpractice focus. While not many lawyers in Massachusetts will represent the victims of legal malpractice, our firm’s mission is to uphold the trustworthiness of the profession. When the facts are clear, the Courts of Massachusetts will uphold the law and find legal malpractice, treble damages and award attorney fees. We received a unique result in the below described case we tried before Judge Johnson, Chief Judge of the Boston Municipal Court, sitting as a Superior Court Justice.

Massachusetts Bankruptcy Filings Up in 2009

We have filed a record number of bankruptcies for our clients in 2009. Many ask questions before, during and after our representation. When the bankruptcy laws changed in October 2005, we filed what was at that time our record high number of bankruptcies, however, unfortunately, we are seeing even more this year. Thus, to better serve our clients, we are initiating this blog: Boston Bankruptcy Lawyer Blog or bostonbankruptcylawyerblog.com. One look at the Federal Reserve Bank of Boston’s statistics bears this out: in the first two quarters of 2008, there were 8,137 bankruptcies filed in Massachusetts – in the first two quarters of 2009, the number is 10,185. This is a significant increase. We feel it may be related to foreclosures, which, according to the Federal Reserve Bank of Boston’s statistics, 2008 was the high-water mark for foreclosures in Massachusetts: .57% of all houses (the former peak was 1992 with .52%). Their figures for 2009 are not out; however, the trend is against our clients. Our goal is to provide our clients with the most effective advice regarding filing a personal Chapter 7.