Business Fraud and Bad Faith, Medical Malpractice, and Wrongful Death

Serving Greater Worcester and Cambridge

Business Fraud and Bad Faith

Raphaelson Law has substantial trial experience with business fraud and bad faith cases and will help you navigate the complexities of these disputes so that you may make informed decisions toward holding wrongdoers accountable for their misconduct and securing fair and full compensation for your losses. We represent clients in Worcester and Cambridge, and the surrounding areas. We understand value-added relationships and will consider in appropriate matters contingent fee or hybrid hourly rate/contingent fee arrangements.

Proving Business Fraud With Specificity

Massachusetts law requires us to specify the details of the fraudulent act with particularity in the complaint when we file suit. The details must include the identity of the person making the false statement, the content of the misrepresentation, when and where it occurred, how the misrepresentation was material and relied upon by you, and how it caused you harm. As an experienced business fraud lawyer, and law firm, we will work closely with you to develop the detailed facts supporting your claim to uncover the truth.

Multiple Damages for Business Fraud

Chapter 93A of the Massachusetts General Laws prohibits unfair or deceptive conduct in business and allows for multiple damages for intentional wrongdoing measured by at least two times and up to three times the underlying damages suffered as a result of the wrongful conduct. Multiple damages are an extraordinary remedy but may be available and appropriate to punish intentional wrongful conduct and deter future bad faith in business.  

Breach of Fiduciary Duty

Under Massachusetts law, all fiduciaries must exercise the utmost good faith and loyalty to the beneficiary of the trust. That means the fiduciary must act solely in the beneficiary’s interest, even at the expense of his own interest, in matters connected with the fiduciary relationship.

Examples of breach of fiduciary duty include:

• Engaging in self-dealing and not in the best interest of the beneficiary or without full disclosure of all material facts
• Mishandling or embezzling funds belonging to the beneficiary
• Willfully concealing or misrepresenting information
• Engaging in fraud
• Failing to disclose conflicts of interest
• Taking partnership or corporate opportunities for personal benefit
• Failing to exercise due diligence before making a business decision

There are a variety of remedies available for breach of fiduciary duty that may be tailored to the specific circumstances surrounding the breach. They include compensation for losses, reversing transfers of property, and injunctions to stop the wrongful conduct.

Fiduciaries who prioritize their own gain or act negligently or in bad faith can cause significant financial and reputational loss, and long-term harm to the lives of beneficiaries.

As a business fraud and bad faith attorney, and law firm, we will help you navigate the complexities of these disputes so that you may make informed decisions toward holding fiduciaries accountable for their wrongful conduct and securing fair and full compensation for your losses.

Unfair or Bad Faith Insurance Practices

An insurer commits an unfair or bad faith insurance practice when it wrongfully delays, underpays, or denies a legitimate insurance claim.  An insurer who deliberately violates its policy obligations may be punished for its unfair or bad faith conduct and subject to a multiplication of the underlying damages sustained by the policyholder or claimant.

In order to hold an insurer liable for punitive damages, a claimant must comply with the presentment requirements set forth in Massachusetts General Law, Chapter 93A, the Massachusetts Consumer Protection Statute. The statute requires claimants to notify the insurer of its unfair or bad faith conduct in writing and demand that the insurer comply with its obligations under the applicable policy. The insurer then has 30 days to remedy its wrongful conduct or risk imposition of punitive damages.

If you have been harmed by an unfair or bad faith insurance practice, Raphaelson Law will guide you through the legal process, evaluate all potential damages, and work with you toward helping you obtain fair and full compensation for the harm you have suffered.

Medical Malpractice and Wrongful Death

Negligence or the lack of due care can lead to serious harm or wrongful death, and a profound emotional and financial toll on those who are harmed and their families. Not only must they cope with the shock of the loss but in some cases must struggle with the burden of lost companionship, lost income, and potential long-term financial hardship.

Massachusetts law allows persons injured by negligence or medical malpractice to recover compensation for their losses, which may include compensation for pain and suffering, lost wages, lost financial support, loss of expected future earnings, lost companionship and society, and for reimbursement of expenses. If the wrongdoer commits gross negligence or has reckless disregard for the consequences of his actions, which leads to the wrongful death of a loved one, then surviving family members may seek punitive damages against the wrongdoer.

Raphaelson Law has been helping families who been harmed by neglect and medical malpractice, leading to injury and wrongful death, for more than thirty years. As an experienced Worcester MA medical malpractice lawyer, and wrongful death lawyer and law firm, we will evaluate your case, including all potential damages resulting from the neglect or medical malpractice, and work with you toward obtaining fair and full compensation for the harm you and your family have suffered.

Call Now for a Free Consultation

As a Worcester and Cambridge law firm focused on business fraud, wrongful death, and medical malpractice, we are prepared to provide you and your family legal guidance and support to help you move forward. To set up your free consultation, call us at 617-204-9800 or contact us online.