No compensation for emotional distress?

[skiutah]

A very large construction company "accidentally" set my home on fire. They admit to setting the fire but deny they owe me for my losses. My home had to be leveled and took nearly two years to reconstruct. Everything we owned was lost. My insurance company (Allstate) subrogated and received $290,000 from their insurance company (St.Paul). However, my uninsured losses exceed $100,000. The construction company has offered me $30,000. My attorney feels strongly that I should accept the offer because of the emotional trauma of trial. I do not meet my state's test for negligent infliction of emotional distress (regardless of the fire's far-reaching effects upon me) because I was not in the "zone of danger" nor was the fire set intentionally. Are there other "damages" that I can claim (i.e., inconvenience)? And if so, how would I frame them? The judge will not allow any 'backdoor' claim for the emotional distress. HELP!

 

[ALawyer]

There are a few issues here.

First, you have an attorney and it is her job to find all the claims - and in her financial interest to do so.

Second, you have a trial coming up. It is likely your lawyer does not want to go thru a week of trial in an effort to maybe win more than the offer. Trials are hard work.

 

[skiutah]

Trials are hardwork...

Yes, I realize that trials are hard work. My attorney has 40 years experience as a litigator and has been the inside counsel for State Farm for a large portion of those years. I know he does not give me this advice lightly. Up until a pretrial conference last week, Wednesday, we were moving ahead for trial. He anticipated being able to give me "my day in court." However, the judge denied my claim to emotional damages in a pretrial motion, because Utah law does not allow for negligent infliction of emotional distress because I was not in the zone of danger nor was the fire arson. He now feels the trial will be further injustice and too difficult FOR ME! I have survived much worse than a trial and for far longer than four days, so...

My question remains unanswered... are there other damages I can obtain such as INCONVENIENCE? Loss of time and opportunity? etc. If possible, answer my question as the one who lived this nightmare, not an attorney. Trials may be hard work but in no way compare to the rebuilding of a family, a home, an entire life. Not to mention three years of blood, sweat and tears over something I see in my night terrors.