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PassRush
04-07-2006, 12:50 PM
This just in as of last night. I am sure most of you remember my situation, if you do not it is right here

http://www.finheaven.com/boardvb2/showthread.php?t=134148

Well my lawyer said that acording to her lawyer she intends to settle out of court. I asked her how much I should expect to get out of this ***** and she said no less than 10,000. Well that would pay off the rest of my car but at the same time, something inside of me is telling me to take this ***** to court.

discuss

UltraDol-Fan
04-07-2006, 02:24 PM
Settle, that is my advice. Court sucks...bad. Even if you know you will win. Going to court could make this a part of your life for the next year or so.

bullseyeguy
04-07-2006, 02:28 PM
I would tell her yo want atleast 15000, if not you are taking it to court...If you go to court you could get a substanially lager number, but like Ultra said it will suck..

SuavePhin
04-07-2006, 02:32 PM
its your call, but for a cursing out and coffee burn, id say 10K sounds pretty good for avoiding court, court costs, time lost ect, can you make a counter offer for higher or no?

Roman529
04-07-2006, 02:36 PM
Take the money....glad it is turning out good.

Philter25
04-07-2006, 02:41 PM
Also going to court involves fees. Realistically if you can get 12,000 in court, your equivalent pocketing might be around 10,000 so its better to settle.

Also, settling gets your money IN your pocket and ends the situation. It really depends on what your lawyer thinks you can get in court. Subtract a little from that and thats the amount you ideally should settle for.

bullseyeguy
04-07-2006, 02:43 PM
Im sure the lawyer is going to take some money for the settlement right?

Roman529
04-07-2006, 02:44 PM
Im sure the lawyer is going to take some money for the settlement right?

Of course!!! They don't work for free. :wink:

GRAPEAPE
04-07-2006, 02:45 PM
Look through court records, see what kind of settlements were reached in similar situations. If you find a few that were like 20-30k, you may have your lawyer show her lawyer the records, then ask for more money. remeber you are the victim here.:D

DrAstroZoom
04-07-2006, 03:42 PM
It was the Juggernaut, wasn't it? Man gets RESULTS!

Seriously, unless you have this guy physically in the courtroom with you, I'd settle and get past it.

http://www.finheaven.com/images/imported/2006/04/albert_d2-1.jpg

FinFan72
04-07-2006, 04:46 PM
This just in as of last night. I am sure most of you remember my situation, if you do not it is right here

http://www.finheaven.com/boardvb2/showthread.php?t=134148

Well my lawyer said that acording to her lawyer she intends to settle out of court. I asked her how much I should expect to get out of this ***** and she said no less than 10,000. Well that would pay off the rest of my car but at the same time, something inside of me is telling me to take this ***** to court.

discuss
a friend of mine had a settlement and he put a stipulation in where that person had to pay for his lawyer fees

Noodle Arm
04-07-2006, 05:01 PM
Act as your own lawyer and give yourself 35% of the cut :chuckle:

Seriously I'd settle.

Buddwalk
04-07-2006, 05:03 PM
didnt you just blow your knee out too...man i'd take it to court and milk it for all its worth

bullseyeguy
04-07-2006, 05:09 PM
Too bad you couldnt blame the knee on her too, youd be rollin in the dough....

HysterikiLL
04-07-2006, 05:15 PM
:link:

HysterikiLL
04-07-2006, 05:16 PM
If I were you PR, trust me....I'd settle. Legal fees will suck up most of that money....I'm not sure as to whether she would be required to cover those fees but if you could get 15 grand out of her, take it man. TAKE IT. She threw coffee on you, spat on you...but dude, that's a lot of money! Some guys pay to get chicks to damage them like that! :dday:

FinFan72
04-07-2006, 05:26 PM
If I were you PR, trust me....I'd settle. Legal fees will suck up most of that money....I'm not sure as to whether she would be required to cover those fees but if you could get 15 grand out of her, take it man. TAKE IT. She threw coffee on you, spat on you...but dude, that's a lot of money! Some guys pay to get chicks to damage them like that! :dday:
That is the figure i think would be about right
after lawyer fees and taxes you will probably walk away with about half if not more

FinFan72
04-07-2006, 05:34 PM
If I were you PR, trust me....I'd settle. Legal fees will suck up most of that money....I'm not sure as to whether she would be required to cover those fees but if you could get 15 grand out of her, take it man. TAKE IT. She threw coffee on you, spat on you...but dude, that's a lot of money! Some guys pay to get chicks to damage them like that! :dday:
:groucho: :chuckle:

Timmy54
04-07-2006, 05:47 PM
you should thank your finheaven brothers, (like me) with a big party before a game this year!!! Hopefully it is a game i can make it to.

wazzy
04-07-2006, 05:59 PM
I say you request 25000! Her and her lawyer will speak it over and the least amount of money they can send you on a counter offer is 15000 and you take it!

FinaciousOne
04-07-2006, 07:05 PM
This just in as of last night. I am sure most of you remember my situation, if you do not it is right here

http://www.finheaven.com/boardvb2/showthread.php?t=134148

Well my lawyer said that acording to her lawyer she intends to settle out of court. I asked her how much I should expect to get out of this ***** and she said no less than 10,000. Well that would pay off the rest of my car but at the same time, something inside of me is telling me to take this ***** to court.

discuss

Congrats that she sees the wisdom of settling out of court. It's probably in your best interest to settle out of court, BUT BEWARE OF CERTAIN ISSUES before deciding on the final amount:

1). Make sure of the precise amount due your attorney including all up to date billings and fees BEFORE giving approval. There is still negotiating to be done.

2.) Beware of the tax ramifications of the settlement. Yes, Uncle Sam may be your partner in the incident.

Whether you have to pay tax on the legal settlement or court award depends on how it is classified.

Take this as sharing general knowledge not legal advice. Consult your own professional advisor.

Since August 20, 1996 a legal settlement or court award received is only tax free if it is on account of physical injury or physical sickness.
These types of payments are ordinary taxable income on your tax return:
Compensation for lost wages or lost profits usually
Punitive damages
Interruption of business operations
Interest on any legal settlement or court award

You do not include legal settlements or court awards for compensatory damages for personal physical injury or physical sickness in your taxable income on your tax return.

Emotional distress is not considered a physical injury or sickness and is includable in taxable income on your tax return. A legal settlement or court award up to the actual amount paid for medical care expenses due to emotional distress is tax free and isn't included on your tax return.

If after calculating the bottom line coming to you, you're satisfied, go for it.
Good Luck.

Alex44
04-07-2006, 07:07 PM
Take the 10k man

You go to court and you very well COULD lose, even though that doesnt sound fair its true

PassRush
04-08-2006, 01:23 AM
Thanks guys. All your help is much apreciated, I am definatly leaning toward accepting the settlement though I would love to see her get some kind of punishment other than a drop out of her pile of money.

HysterikiLL
04-08-2006, 02:39 AM
Thanks guys. All your help is much apreciated, I am definatly leaning toward accepting the settlement though I would love to see her get some kind of punishment other than a drop out of her pile of money.

Are you kidding? Money is god to those people. For some reason, I'm thinking Mr. Hot Coffee Throwing Lady is not going to let his wife buy that new Dolce gown she had her eyes on this month. :chuckle: