Comments by "MarcosElMalo2" (@MarcosElMalo2) on "Steve Lehto"
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@anonymouse14 Liability, yes. Criminal charges, probably not. U-haul has a good mens rea defense here, and any prosecutor would think three times and then opt not to prosecute. Mens rea is intention, and it would be quite easy for the defense to prove that no one at Uhaul intended to steal.
For a civil case to recover monetary damages, it’s equally clear cut that Uhaul is liable, since their negligence led to the loss of the client’s property. Any jury would award damages. Unless Uhaul is very stupid (always possible with big corporations), they would want to settle this quickly and not argue about a reasonable ask (between full value and 150% or perhaps 200% of value, depending on how high). There might be several rounds of offer/counteroffer. Probably the couple would want to settle this sooner rather than wait for the matter to come to trial. But if they are willing to wait, they might get a bigger payoff at trial.
If it was me, I’d start negotiations with the company before retaining an attorney. I’d have my minimum acceptable offer in mind based on value of the lost possessions and the inconvenience of replacement. A lot of times you can get a fair settlement quicker if you DON’T retain an attorney, and you won’t be on the hook for the attorney’s contingency. Once you hire attorneys, the company won’t talk to you and everything is done between your attorney and theirs. If I was offered anything like 150% of fair value, I’d be satisfied. Less than 125%, I’d probably seek legal assistance.
That said, if one is too angry and emotional, it might be better to hire an attorney from the get go, and let them handle the case.
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