Raleigh, NC asked in Personal Injury for New York

Q: Is there a set price limit for a negligence lawsuit

Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000

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3 Lawyer Answers

A: There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement amount is being recommended. He or she will be much more familiar with the specific facts of your case than anyone on this message board.

Tim Akpinar agrees with this answer

1 user found this answer helpful

A: There is no limit.

Tim Akpinar agrees with this answer

1 user found this answer helpful

Stephen Bilkis
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Answered

A: I'm sorry to hear about the difficulties you're experiencing. I hope this information helps clarify your concerns.

Please note that this is general information based on New York law and is not intended as legal advice. For personalized guidance, please consult your attorney.

In New York, there is generally no set price limit or statutory cap on the amount you can seek in a negligence lawsuit. The compensation you may receive depends on various factors specific to your case, including:

-Actual Damages: Costs incurred due to the negligence, such as funeral expenses, emotional distress, and any other quantifiable losses.

-Non-Economic Damages: Compensation for pain and suffering, mental anguish, and loss of companionship.

-Punitive Damages: In cases involving recklessness or gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct.

The $150,000 settlement your lawyer is proposing likely reflects their assessment of the case's value based on these factors, the evidence available, and the likelihood of success at trial. Settlements are common in negligence cases to avoid the uncertainty and costs associated with court proceedings.

It's important to discuss any concerns about the settlement amount with your lawyer. They can provide a detailed explanation of how they arrived at this figure and whether pursuing a higher amount is advisable given the specifics of your case.

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