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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25386
Experience:  Practicing attorney with expertise in easements
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Hello, my question is about representing yourself and presenting

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Hello, my question is about representing yourself and presenting a legal claim against a Real Estate company. Will the company's insurance carrier pay on a pro sea representation or do you have to actually file suit?
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It depends on the nature of the claim and whether the real estate company denies the claim. For example, you slip and fall on their property due to their obvious negligence. In such a case the adjuster for their insurance company would try to settle the claim with you. You would have actual damages in lost wages and medical costs. However, if it is a claim that the real estate company denies or where the damages you claim are difficult to determine, then you will have to file suit. Further, you damages cannot be speculative.

For example, you have prize roses that win the first prize of 500 at the county fair every year and someone destroys all your roses. The 500 is considered speculative since you might not win this year, you can only sue for the sale value of the roses, not the 500.

Normally it pays to have one or more attorneys evaluate your case. If none of them are willing to take it on a contingency basis then the insurance company is highly unlikely to settle with you. Further, the type of claim must be one that is actually covered in the policy. For example the negligence slip and fall would be covered but a criminal act, such as slashing your tires, would not be. Hope this helps and thanks for allowing me to assist you today.
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