Abitration and payments

if i have a case set to go to arbitration and i'm the claimant asking for a payment amount of say $2,000 but in addition askingfor punative and interest payment as well and the respondent pays the $2,000 and i accept thet can i still go to arbitration and get punative and interest


Asked almost 7 years ago in Seaford, Delaware
Categories: Civil Litigation

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HOWARD SHERNOFF

Answer by HOWARD SHERNOFF

VerifiedCalifornia lawyer


The answer to this question lies in the details of your case and the contract language that gives rise to the case. Also, if you execute a release as part of accepting the $2,000, you may release the other side from any further related claims (e.g., punitive damage claims and interest). But generally, the defendant cannot simply make the claims against it go away by offering you the amount it owes you. In fact, at arbitration, you may be able to use the offer of payment as an “admission” on the part of the defendant that it engaged in wrongdoing, thus setting up a good argument for extracontractual damages such as punitive damages, if allowed.
 

Posted almost 7 years ago

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