Review Settlement Agreement in Texas (2024)
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Settlement Agreement
Washington
I was injured when a Chinese safety product and won my argument.
I bought a safety sling off Amazon (I am Paraplegic) and the first time I used the lifting harness it failed and I fell hitting my foot on the floor and injuring it. After a lengthy investigation I was awarded an $18,000 Settlement Agreement and McLarens did all negotiations for the Chinese Supplier (Vendor of Amazons) and the Wire Transfer was set up for payment. It has been over 100 days since the agreement was made and we still have not been paid. The agent of McLarens on behalf of the Chinese Company (NEFFT) is my only contact and negotiated this settlement with will not return my Email and 5 times she has emailed she says she will contact her Client but I do not hear back from her and have to ask all over again. She has stalled for over 100 days now. What is the time limit for non payment and if so can they be Sued for Breach and bad faith practices and would that qualify for 3 times the amount of Settlement for Breach? Also my injured Foot is getting worse on top of it! Please help if possible?
Merry A.
I'm so sorry to hear about this. However, you posted on ContractsCounsel in the "question and answer" part of ContractsCounsel - I think you should obtain legal help, and for this, you need to post your request in the "project" area and expect to pay an attorney for help and advice. I'm sorry, I'm unable to answer all your questions - I just dropped in to provide these comments to you. (Also, please do not ask for me for a project, and I am not available for this type of work right now).
Settlement Agreement
Washington
Are there caps on damages in settlement agreements?
I am a small business owner who is in the process of settling a dispute with a former employee. The employee is claiming a certain amount of damages, which I believe is excessive. I am interested in finding out if there are any caps on damages that can be included in a settlement agreement, as I would like to come to an agreement that is fair and reasonable for both parties.
Merry A.
In Washington, there are no punitive damages. Employment resolutions are usually based on some percentage or multiple of a person's salary. It is your job to reach a settlement that is fair and reasonable for you, not for a litigant against you (that's their job, not yours). If you are having difficulty resolving this dispute, you may want to consider mediation. Before you pay the employee, be sure to have them sign a full and complete release of all current and future liability and claims against you individually, your business, your heirs; etc. Also, if you have business insurance, it's possible you are entitled to a free attorney to represent you in this dispute.