Legal Question in Civil Rights Law in Louisiana

Re: how do I know how much should I settle for?

Unfortunately, your question doesn't make much sense, but certanly you understand that offers are never going to be what you expect.

Your jobs is to use the facts of your case intelligently to convince the other side that they need to raise the offer. You have to use facts, not the argument "Well, I'm entitled to more," because you're only entitled to what you can negotiate. Sometimes, that negotiation has to take place in the form of a trial.

You've mentioned "soft" damages, in other words humiliation and fright. These are tied to outrageousness, in the sense that the average juror has to be horrified and hope the same thing never happens to him/her before you'll see real damages out of it.

The other damages, bankruptcy and that, you;ll have to figure out a realistic way to put a number on it: that's your lawyer's job.

A rule of thumb is 3 times your actual damages, so if you're getting that, then you're in pretty good shape.

Your lawyer should be giving you a frank explanation of your chances at trial and what s/he thinks is a good number. Then, if you have doubts, get a second opinion.

No one can "make" you settle, although the judge can make things hard for you if he thinks you're getting a good deal and you reject it on the basis of a weak case. So make sure to get a second opinion if you think you're being lowballed, and ask your lawyer how you can do a better job of convincing the other side to raise their numbers.

Re: how do I know how much should I settle for?

Your email really makes no sense. But since you have filed suit, you must have an attorney and to second guess him at this point is not wise. What is "humilia paper?"

Re: how do I know how much should I settle for?

Dear Law Guru Friend,

First of all, I assume you have sued the cops. If your lawyer has them making an offer to settle, he must be a pretty good lawyer. You say they are "low-balling you". Maybe so, but there is an old saying that a bad settlement is better than a good lawsuit. That is not always true, but there is a lot of truth in it. If you make the cops pay you, you have already won. If we lawyers on Law Guru had some more information about what they are offering you, we could give you a better answer. Are they offering $500.00, $5,000, 25,000.00, $50,000, what? Give us some more information and we can help you better. Also, from the looks of your post, it already looks like you have a good lawyer. Trust his judgment. If you do not, then talk to another lawyer; as they say, get a second opinion. Know, however, that your lawyer already has a lot of time and effort invested in the case, especially if he already has the cops agreeing to pay you money. That must surely be a bitter pill for the cops to have to swallow. You have already won! I say, take the money and go. You might at first try to get them to come up on the offer. As I say, if we knew more about the facts of your case and the settlement negotiations, we could give you a better answer. Best of luck! What parish are you in in Louisiana? What is the name of your case? I would like to purchase a copy of the pleadings and see what you lawyer did to make the cops want to pay you money. He must be a good lawyer! Tell him I said so, and ask him if he will mail me a copy of his petition and any other pleadings that he is proud of and which may be of help to a lawyer in Lake Charles planning to file some similar Civil Rights law suits. My name and address are posted here on Law Guru. Also, please call me some afternoon soon to discuss your case. I will be on vacation the week of July 21. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA