Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
I am very sorry for your situation.
Understand that FedEx denying the claim does not mean that the matter is over. A claim to FedEx is essentially a request to the party at fault to admit they are at fault and to settle the claim.
For example, A took B for a drive. A got into a crash. B asked A to pay for B's medical bills. A refused.
Essentially, this is what has happened here, except it was more formal (i.e. on paper). But, this does not preclude one whose claim was denied from seeking restitution
via the Court.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, this may be a case for negligence
. Negligence consists of the following five elements:
Duty - arising out of contract
or societal norms;
Breach of Duty - not following that duty;
Cause in Fact - "if not for them not following that duty, then the Plaintiff would not have been injured..."
Proximate Cause - direct causation between the duty breached and injury
Damages - the injury.
Here, FedEx arguably breached their contractual duty to handle the box properly and damaged its contents. One can pursue them in small claims
court for damages.
Likely, once/if files, FedEx will settle the matter promptly rather than to pay for an attorney which may end up costing more than the suit.
I hope this helps and clarifies. Good luck.
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