Generally speaking, aside from very specific types of cases involving contracts, or specific types of statutory relief, a Plaintiff typically includes counts for things like NIED (negligent infliction of emotional distress), pain and suffering, loss of consortium, loss of future earning capacity — these are a few of the types of counts whereby there is no specific value a defendant could ever point to being «fully satisfied» — the reason being, a jury needs to determine the legitimate
value of these claims unless the Plaintiff accepts a settlement award whereby he / she / it feels as if it's fully satisfied.
Settlement offers are sometimes extended to claimants in an effort to settle the claim before the victim wises up and contacts an attorney, but the settlement offer will obviously be nowhere close to the actual
value of your claim unless you have an attorney on your side.
Not exact matches
«
Unless you've got a good, defensible valuation to back up your
claim of a lower
value, you can face real difficulties.»
The Company records advertising and marketing development fund programs with customers as a reduction to revenue
unless it receives an identifiable benefit in exchange for credits
claimed by the customer and can reasonably estimate the fair
value of the identifiable benefit received, in which case the Company records it as a marketing expense.
To plead the organic causation
of a religious state
of mind, then, in refutation
of its
claim to possess superior spiritual
value, is quite illogical and arbitrary,
unless one have already worked out in advance some psycho - physical theory connecting spiritual
values in general with determinate sorts
of physiological change.
«Followers
of Jesus Christ can not
claim to vote their
values unless they factor into their voting decision care for the poor, the sick, the hungry, the displaced, and the war - torn both here and abroad.»
Except as set forth in paragraph (D)(2)
of this appendix, recipients will attribute to an individual
claiming disadvantaged status any assets which that individual has transferred to an immediate family member, or to a trust, a beneficiary
of which is an immediate family member, for less than fair market
value, within two years prior to a concern's application for participation in the DBE program,
unless the individual
claiming disadvantaged status can demonstrate that the transfer is to or on behalf
of an immediate family member for that individual's education, medical expenses, or some other form
of essential support.
Don't waive collision or comprehensive
unless your car is so old that the increase in premiums you'd face when making a
claim exceeds the
value of the vehicle.
While both collision and comprehensive insurance are optional, Margot Bai, a former insurance agent and author
of the book Spend Smarter, Save Bigger, advises against waiving collision and comprehensive coverage, «
unless your car is so old that the increase in premiums you'd face when making a
claim exceeds the
value of the vehicle.»
A lawyer will find it nearly impossible to
value your
claim without medical evidence,
unless you have made a full recovery in a matter
of weeks.
Despite that, car insurance companies rarely pay the fair
value of auto
claims unless the victim is represented by an attorney.
Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion
of any party, the court after hearing shall require the tenant or occupant
claiming under this section to deposit with the clerk
of the court, the plaintiff's attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market
value of the premises, which amounts shall be held in escrow pending final disposition,
unless the court determines that such requirement would result in undue hardship to the tenant or occupant.
Therefore, you should not accept ICBC's internal directives on non-pecuniary damages at face
value unless you do not want to advance your
claim with the assistance
of a lawyer.
This in turn may mean that in lower
value claims some litigants will find practitioners unwilling to invest the required time and money to establish liability,
unless the breach
of duty is patently gross.
Rule 9 - 1 (5) and 9 - 1 (6) were not intended, in my view, to punish parties merely because the party's assessment
of the
value of the
claim proves incorrect,
unless that assessment was based on irrelevant considerations; a clearly inadequate review
of the available evidence and applicable authorities, or was, in view
of the facts known at the time, unreasonable.
Unless the item stolen was
of considerable
value, you might not want to bother filing a
claim.
Be very careful if you have an older home (or any home for that matter) that you don't take a policy that has the basis
of claims settlement as actual cash
value unless you would be content with being paid an amount that would NOT rebuild your home.
However, this protection grows less useful as the car ages and depreciates, because
unless otherwise noted, the policy limits
of collision and comprehensive are based on the actual cash
value of the covered vehicle at the time
of the
claim.