S
skiutah
Guest
No compensation for emotional distress?
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!
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!