Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
rendel
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Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
Does anyone know of any websites that could help me with this?
DWKSwed
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
What do you mean by guidelines? Do you mean like legal definition, or what? I am confused.
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
Sorry, I mean the amount awarded to people for these.
MikesBride2B
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
Posted by rendel
Sorry, I mean the amount awarded to people for these.
Like through lawsuits?
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
yeah, I told you I'm not good at this and I don't have a lawyer and I was told to come up with a figure to ask for. I was fired because of my MS and I need info that can help me so I know what is a good settlement.
DWKSwed
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I would just like to REALLY recommend that you at least consult with an attorney. To go into a potential settlement negotiation blind without a clue as to what to ask for or why - there is sooo much legal background you should know going into this - I think you are doing yourself a great disservice. I would really reconsider - I am graduating soon from law school and I would still consult an outside attorney even for myself.
Knowing what to ask for isn't as simple as looking up guidelines and things like that, you have to evaluate how much the company stands to lose if you took the matter to court and that's way more complicated than just a figure, it could cost them in PR as well... and that creates added value for you in a negotiation... and a lot goes in to calculating what you lost by losing the job, and with how they discriminated against you, there's just a lot to know and consider.
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I will be given a legal aide if there is found to be prob cause, but I don't think that they are used for settlements. I really don't have the money for a lawyer. I appreciate your advice though. Thanks for your help.
RaeloveMeg
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
So can you just ask for an outrageous amount??? I would rather ask for ALOT more then not enough....Dont know your situation but hope all works out!!
And if you able to say...what company did this crap to you??? Horrible!!!!
DWKSwed
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I think you're looking in the wrong direction anyway, this wouldn't be pain/suffering and mental anguish, I mean maybe some mental anguish if you're claiming they purposely or recklessly caused emotional distress but most likely it would be a discrimination claim which wouldn't result in actual pain/suffering, it's not like they caused your MS... it would be things like employment discrimination, wrongful termination, lost earnings, etc., and some of the emotional distress.. and then I'm not sure but possibly punitive damages that could be real $$... I don't see how you could proceed without getting some kind of legal guidance. If you're getting money from a settlement anyway you could meet with an attorney just for a consultation anyway and see what kind of fee arrangements they have. If they are offering you money to settle anyway it sounds pretty likely that you will have a lot more money in the near future, no? It can't hurt to just call an attorney and talk to them about what you're looking at if you go to trial and what you can expect from a settlement, in either scenario if you decided to retain an attorney they could work off a contingency basis where they only take a fee if you get money and then they take a percentage.
And who are 'they', who is telling you that you need to ask for an amount and who would get you the legal aide? It doesn't make sense that you'd trust a legal aide provided by the same company you're having a dispute with, and if they're asking you to demand money, you could ask them to make an offer and you will consider it and then you'll have a starting point to go from.
vv117
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
you absolutely need a lawyer and should look for a lawyer to take you on pro bono. i think plaintiffs counsel often work for free and will be paid thru a percentage of your settlement/award.
any information you give to them will likely be used in a future settlement negotiations or lawsuit. i'm not familiar with lawsuits like the one you're contemplating but i think that such judgments are awarded based on facts and circumstances. there's no million dollar figure for mental anguish.
i can't stress enough how much you need a lawyer.
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
the ny state division of human rights need to find prob cause, I have an investigator. The division of human rights told me to come up with a figure and they are the organization that would provide a legal aide. I already wrote my own rebuttal. I called lawyers already I either didn't get a call back or they were charging me. I really appreciate all of your advice!!!!!
merryNmatt
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
You will NOT be taken seriously in negotiating a settlement without a lawyer. There are SO many lawyers out there. I agree most will work for a contingency fee.
Soon2BRomeo
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I really feel for you my MOM has MS it is a horrible sickness. As for a figure I would conculate how much gross you would have brought home if you were never tereminated. Also if you had health ins through them how much in medical bills you have racked up and them figure out a number based on that. Also if you had any retirement funds like a 401K i know my company matches 1/3rd if your not working your not getting that to.
HTH.
FutureMrsDavid
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I work for a law school that does pro-bono work for people with disability cases. Call them and they may be able to steer you in the right direction. Please don't do this without a lawyer or legal advice. Pro-bono means that they don't charge you anything.
631-761-7080
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
Thanks ladies you are the best!!!!!!!!!!! Seriously, I can not thank you enough for all your support and assistance!!!!
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
I just called they only do for mentally disabled.
nicole320
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
try the 'office of the advocates for persons with disabilities of NY' the are pretty helpful
800 522 4369
rendel
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
thanks the MS society told me to call Touro law school, it's worth a try!!!!
vv117
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Re: Where can I find guidelines for pain and suffering, mental anguish and humiliation ?
Posted by rendel
thanks the MS society told me to call Touro law school, it's worth a try!!!!
Great! I think that is a HUGE step in the right direction. Good luck!
