Cheyenne, WY asked in Civil Rights, Employment Discrimination and Sexual Harassment for Wyoming

Q: Is $1.8 Million too much to ask for during a settlement for sex and disability discrimination?

Any thoughts would be helpful

1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
Answered
  • Civil Rights Lawyer
  • La Jolla, CA

A: I do not practice in your state, but I can talk generally about the valuation of damages. For simplicity's sake, you should assume you have two types of damages. First, you have your actual damages. How you were demonstrably injured. This can be in lost wages and opportunities, it can be in medical or psychological treatment costs, it can be emotional or "pain and suffering" damages, if they are available under your cases of action. Second is punitive damages, which are damages to punish the Defendant and to deter future conduct. You may also have statutory damages. All of these you should discuss with your attorney.

Now punitive damages are inherently subjective. They are not based on what was done to you and what you suffered, it is based on what is necessary to send a message to the Defendant to never do this again. If it is a big company, that number can be big. If it is a small company, that number may be small. The Supreme Court has placed constitutional limits on punitive damages. There is no set formula, but generally you should assume that punitive damages cannot properly exceed 8 to 10 times the actual damages you prove, and very possibly less based on your Court's discretion.

With this background, you need to sum up your actual, provable damages. That is your most important number. You have potential punitive damages if the conduct was egregious, and you can factor that in. $1.8M may or may not be a reasonable amount. In a vacuum it sounds high, but these determinations are fact-bound: what did they do, how, when, how often, and how offensive was it? There is no easy answer to that question. if you are represented, and it sounds like you are, talk to your counsel. "Dance with the one that brought you."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.