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help with unspecified damages

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  • The Handyman
    Attorney sued for unspecified damages in a personal injury case. The Defendant has requested by letter to attorney and Judge as well as by motion for a
    Message 1 of 1 , Feb 26, 2005
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      Attorney sued for unspecified damages in a personal injury case.  The Defendant has requested by letter to attorney and Judge as well as  by motion for a figure so as to settle and avoid trial.  Attorney refuses to submit a figure and has pushed for trial.  Trial is set for 60 days.  This raises some questions that I could use help with.  Some states require arbitration to see if a settlement can be negioated prior to a full blown trial.  This state does not.  Does a defendant have a right to a figure upon which to settle and avoid trial.  If the amount to settle is too great bankruptcy will be taken.  Once figure is submitted the amount can be accepted for full dollar value and/or another defense submitted. i.e. money issue, Bill of Exchange, HJR-192 exemption.  Any tips or tricks will be appreciated. Is it a denial of due process to not settle with a defendant after the defendant has shown a willingness to settle? Would such be appealable error?
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