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Posted by DE [Email] (#2598) [Profile/Gallery] (more from DE) on Fri, 9 Dec 2016 16:00:32 Share Post by Email
In Reply to: property vs injury damages, Notnoel [Profile/Gallery] , Fri, 9 Dec 2016 08:47:37
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Hopefully there is not an injury involved, and you can settle based on property damage. But i wouldn't sign off on anything until I was confident there was no significant injury, or if there is, you know the end result.

Your leverage is that you can tell them to pound sand and file a law suit (even if only in small claims court). If their client is clearly liable, they REALLY want to avoid this.

Pain, inconvenience, lost time, etc. are compensable damages, and it used to be a rule of thumb that you can settle minor personal injury cases on the basis of actual damages (lost wages, medical bills, property damage etc.) multiplied by 3 (I am a lawyer but haven't practiced in this area for many years).

I'm not suggesting that you stick them up in a trivial case, but if there s a personal injury I would proceed. with caution as damages may be greater than you think and you should be in the driver's seat.

posted by 74.75.2...


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