Legal Question in Civil Litigation in California
I am representing myself in a case (in fed court) against an airlines for damages. Law student friend did research and said I have valid claims for delay, false imprisonment, inconvenience, emotional distress/physical harm and for breach of contract and out of pocket expenses. I NEED HELP FIGURING OUT: (1) How do I determine what an appropriate amount of damages is? (2) the lawyer for the airlines said that he may be willing to the settle the case if I tell him the amount I�m suing for � should I offer to settle for a lower amount than I sue for and if the lawyer does not accept that amount can I add a larger amount to my motion for damages? 3) if the amount of damages I ask for is too high will the case be dismissed or will the judge amend it appropriately?
1 Answer from Attorneys
1. Determining settlement amounts is an art form. Much note information is needed before it can even be stsrtedt
2. Generally, settlement is sought for less than what you seek at trial. You can ask for more at trial.
3. Neither. The Judge or jury will determine your damages at trial.
Clearly, you need an attorney.
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