Everything listed under: damages

  • Emotional Distress Claims

    Question: Can my clients recover “emotional distress” damages in a claim against a bank, even though they have no physical injury?Answer: Here are some cases which may be a little like your banking case on the question of recovering emotional distress damages in the absence of physical injury:Debt Collection - Emotional DistressAnno. 46 A.L.R.3rd 772, citing Carrigan v. Henderson, 1943 OK 85, 135 P.2d 330: To effect OK allows recovery, but requires proof of intent to injure or knew p...  Read More...

  • No recovery if no auto insurance?

    We have an MVA where our clients were significantly injured but had recently let their auto insurance lapse due to nonpayment. Isn't there new legislation that says they can't recover since they did not have auto insurance at the time of the MVA? Answer: What you are describing is 47 O.S.   Read More...

  • Injury Pleading with Damages Over $75k

    I have an injury case with damages in mid six figures. Under the new laws do I need to attach a statement of damages showing the amount I am asking for  Read More...?
  • Bad Faith After Litigation

    Filed a case against a foreign corporation but alleged damages at $75,000.00 to avoid removal. Defendant filed a “Motion to Establish Amount in Controversy” and seeks an order by the trial court “capping” damages at $75,000.00. Does the plea of damages at $75,000.00 establish a cap on damages?