I am out of pocket over $40,000, not counting attorney costs for a defective home heat pump installation and failure of the installing company to honor its full warranty which eventually forced me to replace the heat pump within the warranty period at an out of pocket expense of $30,000, and to back fill the improperly installed earth loop (by the said heat pump manufacturer's subcontractor) at an additional out of pocket cost of $13,000.
I have been paying attorneys for over two years to pursue this case while the heat pump company has been filing multiple motions for summary judgments and reconsideration (without success) in attempts to delay.
Now my attorney says that he wants to explore an out of court settlement, which is fine with me except that he says that he may not be able to recover even half what I am out of pocket due to the heat pump company's negligence/malfeasance. He also basically said that recovering for attorney's fees in court wasn't possible, and this is a concern because they are becoming substantial. I would like to know if he is right or wrong about that, for one thing.
Also, what would probably be my best choice going forward and would I have a chance to recover all my out of pocket expenses on this which now amount to over $50,000 including lawyer's feesand may go up another $10,000-20,000 yet by the time the trial is finished? Also how possible is a punitive damages judgment considering the heat pump company's defective installation, negligent support and failure to honor its warranty, plus its unwillingness to settle, not to mention the discomfort due to the heat pump unit's failures and lost money in energy costs due to the unit's multiple breakdowns including the one which forced me to replace it?
Thanks in advance for any advice. What is the name of your state (only U.S. law)? IL
I have been paying attorneys for over two years to pursue this case while the heat pump company has been filing multiple motions for summary judgments and reconsideration (without success) in attempts to delay.
Now my attorney says that he wants to explore an out of court settlement, which is fine with me except that he says that he may not be able to recover even half what I am out of pocket due to the heat pump company's negligence/malfeasance. He also basically said that recovering for attorney's fees in court wasn't possible, and this is a concern because they are becoming substantial. I would like to know if he is right or wrong about that, for one thing.
Also, what would probably be my best choice going forward and would I have a chance to recover all my out of pocket expenses on this which now amount to over $50,000 including lawyer's feesand may go up another $10,000-20,000 yet by the time the trial is finished? Also how possible is a punitive damages judgment considering the heat pump company's defective installation, negligent support and failure to honor its warranty, plus its unwillingness to settle, not to mention the discomfort due to the heat pump unit's failures and lost money in energy costs due to the unit's multiple breakdowns including the one which forced me to replace it?
Thanks in advance for any advice. What is the name of your state (only U.S. law)? IL
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