Experts in Leveraged Negotiation and Dispute Resolution
100% focused on resolving your claim(s).
1. Large national insurance carriers are for-profit businesses that operate with a military-style hierarchy.
2. In the local office of a national insurance carrier, the claims adjusters report to a claims super-visor who, in turn, reports to the claims manager.
3. The claims adjuster works for the insurance company, not for you.
4. An adjuster’s performance is evaluated according to how efficiently and inexpensively he settles claims.
5. The “reserve” is the amount the insurance company has earmarked for payment of a claim. Once the reserve on a claim is firmly established, it is a difficult and time-consuming process to get the insurance company to raise that ceiling.
6. Every time the claims file gets picked up, it’s the adjuster’s or supervisor’s job to make sure the reserves are in order. The more information you and your personal injury attorney provide to the adjuster, the more often he will be forced to review your file and adjust the reserve.
7. The adjuster generally will be in no hurry to settle your claim. The essence of stonewalling is to drag out an insurance claim for a period of months or even years before paying a reasonable settlement. The adjuster will use any number of negotiating “tactics” to delay payment and test your resolve.
8. Having a personal injury attorney on your side levels the playing field. Your personal injury attorney will recognize the adjuster’s tactics for what they are, and work to negotiate a fair and reasonable settlement on your behalf.
Very truly yours,
David C. Farrell, Esq.
Owner/CEO - The Farrell Law Group LLC
Experienced trial attorneys.
PAST TRIAL & LITIGATION EXPERIENCE
- Personal injury & property damage: coordination of benefits, see 211 CMR 38.00, et seq., see also MGL c 90 §§ 34A, 34M: personal injury protection; plus MGL c 175 § 113C: hospital indemnity benefits ("MedPay") .
- 1st & 3rd Party Insurance Claims and Defenses: subrogation actions; experienced with inherent risk of conflict(s) of interest between the insured (the client) and the insurer (interested party attempting to recoup money paid out on claim caused by someone other than the insured;
- Complex business litigation;
- Family law: divorce, separation agreements, custody disputes, support, etc.;
- Employment & labor disputes: actionable claims vs. workers’ compensation; minimum coverage requirements and employer duties (municipalities vs. private sector);
- Seasoned advocate in the quasi-judicial administrative law forums like the Massachusetts Committee Against Discrimination (MCAD), the Boston Fair Housing Commission, the Civil Service Commission, and municipal appointing authorities.
- Commercial litigation: U.C.C. and the Massachusetts Consumer Protection Act (MGL c. 93A §§ 2, 9, 11); Express & Implied Warranties, Magnuson-Moss Warranty Act;
- Property law: purchase and sale or lease agreements: commercial and residential, landlord/tenant disputes; evictions; land use & zoning issues enforceability of common scheme covenants;
- Set important precedent re website contract law: "clickwrap"/"browsewrap" agreements: Neither 1st Amendment nor California's Anti-SLAPP legislation shields juggernaut tech companies from liability for "high tech business extortion." SeeDiNapoli v. Yelp, Inc., C.A. No. 1:18-cv-10776 (D. Mass. 2019);
Criminal Defense
o Juvenile defense advocate (Suffolk County Juvenile Court Department)
o Defense of misdemeanors and/or felonies at District Court level.
o Defense of criminal indictment at the Superior Court level.
o Collaborative independent investigations with premier Massachusetts Private Detective agency.
o 24-7 emergency response service for clients placed under arrest:
(1) attorney will travel to police station;
(2) oversee booking procedures;
(3) prevent improper interrogation/questioning post-Miranda;
(4) provide assistance with posting of bail; and
(5) ensure preparation & presentation for arraignment: grooming, clothing, demeanor, procedure, desired/intended plea, etc.;
Real Estate Closings
Professional closing attorney with PC Law Associates LLC:
- Refinance closings
- HELOC closings
- REO closings;
- Option Contract closings;
- Modification closings;
- Assumption closings;
- Deed in lieu of closing;
- Purchase closings; and
- Reverse closings.
Legal Consulting
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