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I filed an EMTALA claim. I didn't put an actual amount for…

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I filed an EMTALA claim...
I filed an EMTALA claim. I didn't put an actual amount for the claim, except that it exceeded $75,000, and in the prayer for relief said 'for general and special damages according to proof' and for 'punitive and/or exemplary damages and/or triple damages as allowed by law and according to proof.' Opposing counsel said I didn't claim an amount. Is the way I worded it a problem? The second thing was that I didn't give proof of damages, but this is a Complaint, and I believe the adding up of the damages is done during the first Meet and Confer. They filed a motion to dismiss. Should I put in an exact number?
Submitted: 7 months ago.Category: Personal Injury Law
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Answered in 17 hours by:
12/14/2017
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,787
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Is this filed in federal court or CA Superior Court?

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Customer reply replied 7 months ago
Federal district court
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

I just wanted to make sure, because under the Federal rules, it is merely a general notice pleading and if he is complaining you did not state any amount, you are dealing with an attorney who is unfamiliar with federal process and pleadings. If you generally alleged your damages stating that they were in excess of $75,000 and that they would be proven in trial, that is all you were responsible to do.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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