Boston Insurance Bad Faith Lawyer
When your attorney botches an insurance bad faith case, you lose twice. First, the insurance company got away with denying, delaying, or underpaying your legitimate claim.
Then your lawyer’s mistakes cost you the right to hold that insurer accountable under Massachusetts Chapters 93A and 176D. These laws were made to protect consumers from unfair insurance practices.
Cases of insurance bad faith need to be very precise. Your lawyer must send proper demand letters that use the right legal language, give you 30 days’ notice, and show that the insurer’s liability was reasonably clear.
If you miss a deadline or send a bad notice, you may not be able to get more money and attorney’s fees. These aren’t just small details; they’re the basis of your whole case against an insurance company that did you wrong.
For decades, The Law Office of Burns Jain has handled legal malpractice cases in which lawyers failed to take these essential steps. We know what your first lawyer should have done to win your insurance bad faith case and how their carelessness took away your chance at justice.
Our Boston insurance insurance bad faith lawyers have helped clients recover substantial sums from lawyers who let them down at the worst possible time: after an insurance company had already taken advantage of them.
What Is Legal Malpractice for Insurance Bad Faith in Massachusetts?
Legal malpractice happens when your attorney’s negligence in handling an insurance bad faith case costs you money. In Massachusetts, lawyers must follow strict rules under Chapters 93A and 176D when pursuing insurance companies that engage in unfair practices.
Your attorney has a duty to follow proper civil procedure by sending demand letters, citing correct statutes, and preserving evidence. If they don’t do these basic things, you might not be able to get multiple damages and legal costs back, even if the insurance company clearly did something wrong.
Do I Have a Case Against My Former Lawyer for a 93A/176D Mistake?
You may have grounds for a malpractice claim if your lawyer’s error directly caused you financial harm. Simply being unhappy with your case outcome isn’t enough to win.
We must prove four specific elements to win your case:
- Attorney-client relationship: You formally hired the lawyer for your insurance dispute.
- Professional negligence: The lawyer made mistakes that competent Massachusetts attorneys wouldn’t make.
- Causation: This specific error directly caused your financial loss.
- Damages: You suffered measurable harm, like losing settlement money or multiple damages rights.
What Attorney Errors in 93A/176D Cases Amount to Malpractice?
Inevitable attorney mistakes in insurance bad faith cases are so fundamental that they often constitute professional negligence. These errors can destroy your ability to recover fair compensation from insurers who misbehave.
93A Demand Letter Errors That Cost You Multiple Damages and Fees
Massachusetts law requires your attorney to send a formal Chapter 93A demand letter before filing suit against an insurer. This letter gives the insurance company 30 days to make a reasonable settlement offer. A defective demand letter permanently forfeits your right to double or triple damages and attorney’s fees.
Common costly errors include sending letters to the wrong recipients, failing to cite Chapters 93A and 176D specifically, failing to describe the unfair act clearly, or demanding unreasonable amounts.
Failure to Plead 176D, Prove “Reasonably Clear” Liability, or Preserve Evidence.
Winning bad-faith lawsuits requires more than filing complaints. Your attorney must correctly plead Chapter 176D violations, which outline unfair insurance practices. They must also gather evidence proving the insurer’s liability was “reasonably clear” with no legitimate reason to delay or deny your claim.
Attorneys who fail to preserve crucial evidence, like claim files or recorded statements, make it impossible to prove your case.
Missed Statutes and Notice Windows in 93A/176D and Malpractice Claims
Insurance and malpractice claims have strict deadlines. A blown statute of limitations can end your case before it begins.
| Claim Type | Deadline | Consequence if Missed |
| 93A Demand Letter | 30 days before lawsuit | Forfeits multiple damages and attorney fees |
| 93A/176D Lawsuit | 4 years from unfair act | Entire claim against insurer barred |
| Legal Malpractice | 3 years from discovery | Cannot sue negligent attorney |
The discovery rule for malpractice means the clock starts when you knew or should have known your lawyer’s mistake caused harm.
If your attorney missed critical deadlines in your insurance bad faith case, time is running out. Contact us for immediate help protecting your rights.
What Damages Can You Recover If Your Lawyer Botched a 93A/176D Claim?
In legal malpractice cases, we aim to recover the full compensation you would have received if your insurance bad-faith claim had been handled correctly. This requires proving the case within a case, showing what you lost due to your Boston insurance bad faith lawyer’s negligence.
Available damages include:
- Actual damages: The original amount the insurance company should have paid.
- Multiple damages: Lost opportunity to recover double or triple your actual damages under Chapter 93A.
- Attorney’s fees and costs: Fees paid to the negligent lawyer plus malpractice case costs.
- Interest: Pre- and post-judgment interest at 12% annually in Massachusetts.
First-Party vs Third-Party Bad Faith: What Changes in a Malpractice Case?
Insurance bad faith claims come in two types, and competent attorneys must understand the difference.
First-party claims are against your own insurance company for homeowners, disability, or uninsured motorist claims.
Third-party claims are against another person’s insurer, like the at-fault driver’s auto insurance after an accident.
Legal standards for proving bad faith differ between these types. Attorneys who fail to understand these nuances, apply wrong legal arguments, or miss key evidence can commit malpractice that costs you significant compensation.
How We Prove the “Case Within a Case” in Bad Faith Malpractice
To win, we must prove two cases simultaneously: your attorney was negligent, and you would have won the underlying bad faith claim against the insurer. This requires deep investigative work.
The Law Office of Burns Jain meticulously reconstruct your original case, as shown in our case results. We analyze demand letters, scrutinize insurer internal documents, and consult insurance industry experts to establish what should have happened. We build strong, evidence-based arguments to hold negligent insurance bad faith lawyers accountable.
What Documents Should You Bring to Your Consultation?
Providing comprehensive documentation enables us to conduct a thorough initial review of your potential claim. Consider gathering your fee agreement and all correspondence with your former attorney, as well as complete insurance claim files, including denial letters, copies of Chapter 93A demand letters (if sent), court filings and orders, settlement offer records, and timelines of key events.
Don’t worry if you can’t locate every document. We help identify and obtain the necessary paperwork. Contact our Boston insurance bad faith lawyers today for guidance on what you need.
What Happens Next With The Law Office of Burns Jain?
We follow a systematic process to evaluate your case and determine the best path forward. You’ll always know where you stand.
Step 1: Free Case Review
We listen to your story, review key documents, and provide honest, confidential assessments of your potential claim.
Step 2: File and Demand Review
Our team conducts deep dives into legal records. We pinpoint specific errors your previous lawyer made and how they violated standards of care.
Step 3: Expert Analysis
We collaborate with respected insurance law experts. Their testimony helps prove you would have succeeded in your original bad-faith case if appropriately handled.
Step 4: Strategy and Action
Once we have complete pictures, we develop clear legal strategies. We explain your options, whether negotiating settlements or filing malpractice lawsuits, and fight to recover deserved compensation.
What Is the Deadline to Sue in Massachusetts?
Massachusetts has a three-year statute of limitations for filing legal malpractice lawsuits. The clock generally starts when you knew or reasonably should have known your attorney’s negligence caused harm. This is the discovery rule.
Determining this date can be complex, and waiting too long permanently bars you from seeking justice. Contact an experienced legal malpractice attorney immediately when you suspect problems.
Where We Handle These Cases in Massachusetts Courts
The Law Office of Burns Jain represents clients throughout the Commonwealth of Massachusetts. We regularly handle cases in the Superior Courts of Suffolk, Middlesex, Norfolk, Essex, Plymouth, and Worcester counties. Malpractice cases are typically filed in counties where negligent legal work was performed or where attorneys practice.
From our Boston office, we have the resources and experience to pursue justice for clients throughout Massachusetts.
Filing Location Strategy
Most of the time, people file legal malpractice cases in the county where the bad legal work was done or where the insurance bad faith lawyers work. This targeted filing strategy is crucial for making the most of your time and leveraging what you know about local courts.
We have the resources and experience to seek justice for clients all over Massachusetts from our main office in Boston.
What Clients Say About The Law Office of Burns Jain
“After my first lawyer stopped returning calls, I felt completely lost. Neil and Roshan explained everything, kept me informed, and fought for me every step. They restored my faith in the legal system.”
“My case was complicated, and other firms weren’t interested. The Law Office of Burns Jain understood my situation’s nuances and achieved results I never thought possible. Their experience made all the difference.”
Join hundreds of satisfied clients who trusted The Law Office of Burns Jain with their legal malpractice cases. Schedule your free consultation today.
Call for a Free, Confidential Consultation
You trusted a lawyer to protect your rights, and they failed you through legal malpractice. We understand that taking the next step can be difficult. At The Law Office of Burns Jain, consultations are always free, confidential, and without obligation.
We handle most legal malpractice cases on a contingency fee basis, meaning you pay no fees unless we win your case. Our office is located at 6 Beacon Street in Boston, and we represent families across Massachusetts.
Contact us today to learn how we can help you move forward. Time limits apply to these cases, so don’t wait to protect your rights.
Frequently Asked Questions
What Is the Statute of Limitations for Legal Malpractice Involving Chapter 93A and 176D Claims?
You have three years from when you discovered or reasonably should have discovered the malpractice to file your claim. Because determining this date is complex, consult an attorney immediately to protect your rights.
Does a Defective 93A Demand Letter Support a Malpractice Claim?
Yes, defective demand letters can be strong evidence of malpractice if they caused you to lose your right to recover multiple damages and attorney fees. Proper demand letters are essential to maximizing recovery in bad faith cases.
Do I Need to Prove the Insurer Acted in Bad Faith to Win My Malpractice Case?
Yes, winning a legal malpractice claim requires proving that your lawyer was negligent and that you would have prevailed in the underlying bad-faith case against the insurer. This is called the “case within a case” requirement.
Can I Still Sue the Insurer if My Lawyer Missed the 93A Deadline?
You might still sue the insurer for actual losses, but missing the 30-day demand letter deadline typically forfeits your right to multiple damages and attorney’s fees under Chapter 93A.
What Damages Are Available in Malpractice Cases Based on Lost 93A/176D Rights?
You may be able to recover compensation lost because of your lawyer’s errors, including actual damages, lost opportunities to obtain multiple damages, and attorney’s fees, and any interest or other remedies available under applicable law.
What Should I Bring to My First Meeting With The Law Office of Burns Jain?
Bring any documents you have, including emails from your former lawyer, insurance correspondence, and court filings. Our Boston bad faith insurance attorneys help you gather any missing information needed to evaluate your case.
Do You Handle These Cases on a Contingency Basis?
Yes, we handle most legal malpractice claims on a contingency fee basis. You don’t pay attorney’s fees unless we successfully recover compensation for you, making quality legal representation accessible when you need it most.