How to Get Punitive Damages Without Suing

Many times we get hurt by the actions of another person or though no fault of our own. None of these warrant calling a lawyer and suing, yet we should be awarded some compensation for the pain and suffering due to negligence by others, and with some care, could have been prevented.

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Steps

  1. Note that if an accident happens inside the mall itself, and it is not of a nature where you slipped and fell and could not get up, then immediately walk over to the Information Desk, and inform them that you just had an accident. She should ask specifics and fill out an accident report. This is mandated by law, and goes directly to their insurance company.
  2. Never think that an accident is too trivial to be reported. Every accident requires an accident report sheet be filled out. Ask for assistance if needed. The Accident Report Sheet is for their insurance company. What seems trivial at that moment, might cause you pain the next day, so make sure you mention every detail that led up to the accident. Keep a copy of the report. Someone may or may not phone you to confirm within a day or two.
  3. When an accident occurs inside a particular store in the mall, speak to the manager, and once again report the accident and fill out the accident report. If they act uncaring, or unconcerned, ask for the name of their Home Office of the particular store. Make sure you get the name of the president of the store. At times you may have to talk to the head of a company instead of the workers to get some satisfaction and compensation.
  4. Get the name and phone number of the store or Mall Lawyer. If questioned, just state firmly that you want to talk to their Lawyer. You are not obligated to give the reason. When you speak to the lawyer, tell them that you got hurt, and give them details. Have the facts written in front of you, so you can be accurate in your explanation. tell them you have pictures to prove it. {if indeed you have them}. Make sure you keep a copy for or anything you send. Tell the Lawyer that you expect some sort of monetary compensation for the pain that you have suffered. Do not be embarrassed to ask as most of the time they expect to be asked. Mention softly, that you would prefer not to call your own lawyer, but will if you must. After checking out the entire matter, they will call you back, usually with an offer. You can bargain with them to try to get as much as possible.
  5. Remember that when they do send you a compensation for accident you will have to sign a release. This means that you can never again sue them for the same pain or the same accident.

Tips

  • Each accident is different and some might need proof of harm to you. It you were burned, or cut and bleeding you should take pictures of the areas involved. If your face was burned due to a hair removal, make sure the pictures show the extent of the burn, clearly, the same with any other obvious effects of each accident.
  • Probably best however, is to not bother with adding to the suing culture by claiming, in whatever way for something so insignificant as a cut or bruise.

Warnings

  • Remember that when they do send you a compensation for accident check, you will have to sign a release. This means that you can never again sue them for the same pain or the same accident.
  • Make sure before you accept or ask for any compensation that you will not have any need for further treatment, or medical care. If you are being treated by a Doctor, ask how much more treatment you will need. Never settle or sign a release until all treatment is finished.
  • Even if you are going to call your own attorney, make sure that you notify management about the accident. Tell them at that time, that you are going to call an attorney. Then do not say anything else, until your attorney has had a chance to discuss the accident with you.

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