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Suing someone - personal value?
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Record10Carbon
Apr 28, 12 0:28
Post #1 of 17
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Suing someone - personal value?
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Say someone damaged some of my property. I am told I have to sue the person who I can easily prove who did the damage. Really, it is cut and dry - I will win. The question is how to put a value on something that is very rare, impossible to replace and has both physical and emotional value. Last time an item similar sold on eBay it was right at $10k, but - there is no way possible to replace it. So, (in Illinois) is there any additional value given to an item for "emotional loss" or is it just the theoretical value of the item at the time that it was destroyed?
I have my suit 99% done (small claims) and am going to file it Monday AM...just not sure if I can add to the dollar value or if I have to leave it at what my best estimate (via eBay auctions) is.
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What if the Hokey Pokey is what it is all about?
tigerpaws
Apr 28, 12 6:28
Post #2 of 17
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Re: Suing someone - personal value? [R10C]
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Chip the only thing I know regarding this is from my limited experience. $10K was the upper limit for small claims court in my state at the time, not sure if that is different where you live. I had to provide pics and a cost to replace said item which for me was easy since it was readily available. I am going to be on a boat today with a retired intellectual property attorney and will see if I can get anything helpful for you.
hillier99
Apr 28, 12 6:30
Post #3 of 17
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Re: Suing someone - personal value? [R10C]
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Somebody break your torch?
Brad
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Autocorrect is my worst enema...
Duffy
Apr 28, 12 10:04
Post #4 of 17
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Re: Suing someone - personal value? [R10C]
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$29 million.
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"This hip-hoppers ended up tightly connected with basketball along with highway dances."
JSA
Apr 28, 12 12:25
Post #5 of 17
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Re: Suing someone - personal value? [R10C]
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First, you need to check the max limit for small claims court. In Illinois, the max amount is $10,000. That is the most you can recover.
You can sue for actual value and you can sue for "pain and suffering," so to speak, due to the loss of a personal, irreplaceable item. Again, some states restrict small claims court to actual loss only. But, I would give it a shot. I believe (but am not absolutely certain) that you can get pain and suffering in IL small claims court.
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tigerchik
Apr 28, 12 13:00
Post #6 of 17
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Re: Suing someone - personal value? [R10C]
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Long time no see!
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WelshinPhilly
Apr 28, 12 17:49
Post #7 of 17
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Re: Suing someone - personal value? [R10C]
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Family heirloom robes and hood get ruined at the cleaners?
last tri in 83
Apr 29, 12 20:12
Post #8 of 17
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Re: Suing someone - personal value? [R10C]
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If it is impossible to replace, why is the item selling on ebay?
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UpFromOne
Apr 29, 12 20:18
Post #9 of 17
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Re: Suing someone - personal value? [last tri in 83]
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I'm not licensed in IL, so not sure this will help,but in general, File for as much as you want. If there are any limits, let the judge tell you about that when s/he enters judgment.
Record10Carbon
Apr 29, 12 20:36
Post #10 of 17
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Re: Suing someone - personal value? [WelshinPhilly]
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WelshinPhilly wrote:
Family heirloom robes and hood get ruined at the cleaners?
We got a guy who cleans them in the spring at the creek on some rocks...if he knows whats good for him.
Last - imagine being one of those guys who sells his M-Dot finishers medal on eBay....that is why I cant replace it. I "could", but it would not be mine. You "could" replace a child....but.
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What if the Hokey Pokey is what it is all about?
DavHamm
Apr 30, 12 2:54
Post #11 of 17
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Re: Suing someone - personal value? [last tri in 83]
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last tri in 83 wrote:
If it is impossible to replace, why is the item selling on ebay?
Knowing Chip, and things he has posted in the past, He ran a leg of the Olympic torch, as a runner you get to keep the torch. So it is impossible to replace, as it is your torch and I would bet its pretty rare to see one on ebay, but others may occasionally choose to sell theirs. Hence impossible to replace but seen on ebay.
Just checked Ebay, chip there seems to be one from almost every recent Olympic's for sale right now, well under $10k
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Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
(This post was
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by DavHamm on Apr 30, 12 3:35)
STP
Apr 30, 12 6:14
Post #12 of 17
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Re: Suing someone - personal value? [R10C]
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You'll need to present some evidence to support your valuation. In small claims court you could probalby get away with a receipt or some want ads showing prices for identical objects. If you are claiming its worth $10K (probably too big for small claims) you should get an expert to present an appraisal. Depending on what it is and how much you want to spend, that might be anything from a local antique dealer to the number one international expert on your particular thing (or #2 international expert if the guy you are planning on suing already hired #1 ;-) You want someone who when you list off their creditials, the judge or jury is going to say "this guy knows what he is talking about." The guy then will testify about his valuation and how he came up with it.
FWIW - Valuation of unique one off things is pretty tough. I don't do commercial law but I did have one case where I had to value a share in a partnership that owned a hotel. My highly qualified expert said the share was worth $2M. The otherside's equally highly qualified expert said its was worth close to $0. Of course, I thought my guy was right but the other guy's valuation was not total BS.
Record10Carbon
Apr 30, 12 9:02
Post #13 of 17
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Re: Suing someone - personal value? [DavHamm]
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Its not the torch - I never said what it is. Does not matter what it is, that was not the question.
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What if the Hokey Pokey is what it is all about?
DavHamm
Apr 30, 12 9:55
Post #14 of 17
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Re: Suing someone - personal value? [R10C]
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R10C wrote:
Its not the torch - I never said what it is. Does not matter what it is, that was not the question.
Come on Chip you have not been away so long as to forget here in Tibb's Lavender room, we don't stay on the topic of the OP.
Is it bigger than a bread basket?
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Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
rick_pcfl
Apr 30, 12 9:58
Post #15 of 17
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Re: Suing someone - personal value? [DavHamm]
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Probably a compression sock autographed by Lance.
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Record10Carbon
Apr 30, 12 10:00
Post #16 of 17
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Re: Suing someone - personal value? [rick_pcfl]
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rick_pcfl wrote:
Probably a compression sock autographed by Lance.
But...what is important is what it was compressing and when.....and the "type" of autograph...is it a genetic signature?
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What if the Hokey Pokey is what it is all about?
WelshinPhilly
Apr 30, 12 13:28
Post #17 of 17
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Re: Suing someone - personal value? [DavHamm]
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DavHamm wrote:
Is it bigger than a bread basket?
Can
never
hear that without thinking of this:
http://www.videohippy.com/...-UK--Its-Only-a-Joke
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