When do you declare the amount of damages sought in a personal injury lawsuit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When do you declare the amount of damages sought in a personal injury lawsuit?

I have filed a pro se suit against a major chemical company for damages in a willful neglect case. I have been waiting 6 months for the defendant to send me back answers on the first set of interrogatories. They say they are still working on it. I am seeking $2,500,000 in damages and $5,000,000 in punitive damages. The company was engaged in an illegal production process that contaminated myself and scores of other employees with lead and several other chemicals, causing nerve damage to some of us and death to many others.

Asked on June 9, 2011 under Personal Injury, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a little uncertain as to what you mean here but I have to tell you that the entire question makes me a little nervous for you.  In a state suit the damages sought (relief requested it is called) is generally listed in the last paragraph of the complaint.  At least in New York that is how it is done.  The reason that I am nervous for you is that this type of case sounds very serious and with serious injuries.  That mixed with the words "pro se" no matter how smart you are can be a deadly combination for your case.  There are many nuances to these type of litigations and the defendant is taking advantage of you by being dilatory here.  You should be making a motion for the discovery and looking to get certain documents turned over regarding the chemical processing.  Please consider speaking with an attention the matter.   They work on a percentage basis and in the end you may get more for having a lawyer.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption