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If I send an intent to sue letter and they come back with an…

If I send an intent...
If I send an intent to sue letter and they come back with an offer have they just confessed they do owe me?
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Answered in 1 minute by:
3/14/2018
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,623
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good evening,

It is not. There could be many reasons parties offer to settle - a common one is that a party feels that while they aren't guilty of any wrongdoing/have no liability, the time and expense in litigating the matter would be prohibitive, so instead they choose to settle.

It is also quite common for a settlement agreement to include a provision that by settling, the paying party makes no admission of guilt or liability. In more well known cases, a party whom is settling may also insist on a confidentiality clause, prohibiting the terms of the settlement from being disclosed (e.g., Disney will settle a lawsuit but typically always insist on both these clauses being included in any settlement agreement).

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Customer reply replied 1 month ago
the offer they gave me was a ridiculous low offer. Do I send another letter?

You can send a counter-offer, sure. Or, if you believe they won't come up to the number you want, then you have to consider your next step, which is usually proceeding to litigation.

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Customer reply replied 1 month ago
I don't have skype sorry
Customer reply replied 1 month ago
can I explain the situation?
Customer reply replied 1 month ago
I wanted to sue for $100K they came back with $1000. what do you think?

(You can ignore the phone call offers, those come from the website, not me. Sorry. We can continue to chat here).

Sure, please explain what's going on.

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Customer reply replied 1 month ago
I think it is an insult

I think that's incredibly ridiculous, but without knowing the facts and seeing documents, it's hard to make a complete evaluation. Your number could possibly be too high, but theirs is equally too low. Any reasonable chance at settling requires parties to negotiate in good faith and try to meet in the middle.

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Customer reply replied 1 month ago
Microsoft worked on my computer and lost my mother's photos that passed away. I had them on a usb storage also and they lost it from there. These were the only pics I had of her in the hospital and her funeral.

It would have been better for them to simply refuse any offer to settle.

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Customer reply replied 1 month ago
I know it's Microsoft

Here's the issue you could have -clearly you have a right to be hurt by what happened. I lost my mother 12 years ago and I would be horribly upset and angry if that happened to me, so I sympathize. But from a legal perspective, emotional pain is subjective. What you feel may not be what another person feels, and it's hard to put a price on that.

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Customer reply replied 1 month ago
But you think I should go ahead with it or am I wasting my time?

Furthermore, if you're going to try and sue for emotional distress, you generally have to show proof of damages, e.g., you developed anxiety and depression as a result and needed to seek treatment from a therapist and are on medication. I don't know the scope of your injuries.

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Customer reply replied 1 month ago
I have doctor's proof and I am on medication
Customer reply replied 1 month ago
I have panic attacks and cannot sleep.
Customer reply replied 1 month ago
thank you so much for helping me

You're very welcome. I wish you much success, and I'm so sorry for your loss.

RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,623
Experience: Experienced in multiple areas of the law.
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