Legal Question in Personal Injury in California

My car was damaged on the set of a major TV Show in 2009. I filed a claim with the Screen Actors Guild (SAG), which represented me in this - but the issue couldn't be resolved so far. SAG says we'll probably have to head for arbitration.

So far I've claimed only the economical damages and tried my best to resolve this in good reasoning. Since I feel that this didn't lead anywhere - I'm asking if there is any way to go for litigation with a private lawyer on "contingency fee terms" and additionally ask for non economical and punitive damages instead.


Asked on 2/03/12, 11:29 pm

1 Answer from Attorneys

1. If you have an arbitration clause that governs the situation, you cannot sue.

2. There are no non-economic damages from damage to personal property.

3. Unless the personal property (car) was damaged intentionally, with actual malice, or with conscious disregard for your right to have an undamaged car, you have no right to punitive damages.

Therefore, there is no way for a damaged car case to generate enough money on a contingency percentage to pay a lawyer to take it, unless it was an exotic worth six figures and was totaled.

You MAY, however, have a claim against SAG as a member for failure to get this wrapped up for over two years.

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Answered on 2/03/12, 11:55 pm


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