Legal Question in Civil Litigation in Massachusetts

Apparent Liability & Demand for Recovery of Tree Damage

It appears that you have suffered a loss ofproperty, the result of a neglegent tree servicecompany. It is very likely that you will be ableto recover for your loss. The question is ....what is it....or how much is it that you are lookingfor? If you have a more specific question or,if you would like further assistance do not hesitateto email or call this office.

Contact an atty and your own insurance company.

Possible defendants are both the tree company you called and the subcontractor, so contact both their insurance companies.Are either of these companies, members of the Arborist association. Take a look in the Yellow Pages and you will see the names of the various organizations in the area.Is either of the companies from your community? Do they need to be licensed in your community.Call the Town/City Hall Tree person. He (probably not she) might know the insurance adjusters assigned to your area and might be willing to help. Call your own home insurance company. The value of trees is generally computed by measuring the girth of the trees. With cypresses, it may be a bit different. They are tall and slender and, I must agree, just wonderful. So you want to be sure their value is not computed by girth. Let YOUR insurance company argue with the insurance companies of the tree men.Remember chapter 176D is available for consumers to sue insurance companies which do not investigate and settle claims in a timely manner.That chapter (176D) allows enhanced (greater) damages and payment of attys fees. It's like the Consumer Protection Act inthat way. But you must write a 176D/93A demand letter. Let your atty do that. It must be done properly. Good luck.

Unfair insurance practices

It sounds like you have a good case-- liability has been admitted. You may be able to recover from the contractor, the subcontractor or eitheroth of their insurance companies ( if any).The question is how much was the value of the two trees? This amount can be ascertained by asking a expert ( an arborist). If you have homeowner's insurance you should notify your insurance company--NOW--you may also be able to recover from your own insurance company. Massachusetts consumer protection law provides that if an insurance company fails to properly investigate or settle a claim, then the company has committed an unfair insurance practice and could be liable for up to three times the damages, plus reasonable attorney fees. In order to be covered by the consumer protection law however, you must send a demand letter pursuant to the statute, if you want to go forward with this matter, you should hire an attorney to draft this letter. Some lawyers will even take this type of case for a percentage or the recovery, plus costs.If you have any questions or concerns regarding this matter please feel free to call. I offer a free consultation.

Loss of trees by a mistake of subcontractor

I won't repeat the advice of others, but would add that you need to locate and preserve any notes or letters that you have that document the agreement you had with the company you contracted with to remove the trees. If asked to part with anything, make sure you give them a copy, and retain the original. Even though it appears that liability has been admitted, these kind of situations have a habit of changing their mind when they find out the trees were an expensive mistake. If the trees are as rare as you suggest, they are probably very valuable, and worth getting some legal assistance to resolve. The insurance companies will be looking to give you the minimum amount they can get away with, your attorney will be working to get you the maximum amount. The difference could be substantial.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.