What should be the right settlement amount with a state university for a discrimination suit along with other cause of actions. Since, there is no other way to punish the university, I guess financial loss would be one way along with their reputation loss if one takes it to the trial and wins. The annual budget of the university is close to a billion dollars.
Country relating to Question: United States
State (if USA): Texas
welcome back. This is a very difficult questions. What has been your quantifiable financial loss?
Well, frankly my whole career has been affected by it. I am a PhD candidate and have to halt my studies and work in the middle to file this discrimination lawsuit. I have been injured both mentally and physically and I have medical bills which are not a whole lot. I have sued for breach of contract, physical injury, discrimination, harassment, retaliation, breach of confidence, breach of fiduciary duty, breach of policy, defamation and negligent training. So, there are many causes of action. Since, university is a state agency, so I could not avail punitive damages, I guess, but still do you think that the compensation for all of these causes should be sufficient to affect them in some way or I should take it to the trial to affect their reputation. I want them to learn from this incidence in some way.
Consider how many years you reasonably would continue working in your career and multiply by the effect on income per year. So for example, if your income was hit by $20,000 and you expect to work another 20 years, then $400,000 would be a starting point to negotiate from or build on.
What is the technical part of the law which defines this kind of compensation. Their most common answer is that they are immune to every thing. I guess the thing that you explained above about the amount would be considered as compensatory damage and not punitive damage, right??? I think that because they would be compensating me for affecting my whole career.
There is not such a formula or technical element. That is why I began by noting it is difficult to measure. It varies from case to case and courts will look to your damages. Measuring and calculating based on lost income over your career is a reasonable measure courts can accept and adopt.
What other damages should I be looking at other than related to lost income? I mean, if they try to settle with me, what are all the parameters that should be considered to include compensation for every possible way that I was affected?
Can ask for damages relating to defamation, emotional harm, legal fees, punitive damages.
Licensed attorney helping individuals and businesses
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).