Negligence, Other Injury Candidly Discuss With Other Party

[Groover]

Jurisdiction

Arizona

My wife was injured at a privately-owned resort we believe due to negligence. We would like to discuss the situation candidly with the other party and come to a simple and easy agreement (if they are willing) without affecting or compromising any of her rights and possible outcomes if she decides to sue because an agreement couldn't be reached.

What is the best way to do that? Is putting a disclaimer on an email such as "without prejudice" sufficient? If not, what is sufficient?

At this point we just want to keep it simple and friendly with them.

Thanks!

 

[flyingron]

Chances are you won't get a candid discussion. Unless you're asking for a free night or something minor, they're going to report it to their liability carrier. You won't get a "candid" discussion there. They'll either accept liability and pay what they believe are the damages, or you'll have to sue them.

Your wife should determine what her actual damages are and submit a demand. If the resort or their insurer won't accept that, then she should get an attorney involved. You (personally) have no rights here.

 

[adjusterjack]

At this point we just want to keep it simple and friendly with them.

How very naive.

As soon as you approach them, if they have half a brain, they will get their insurance involved. Then it will be anything but simple and friendly.

Understand that you are accusing those people of wrongdoing and asking them for money. There is nothing simple or friendly about that.

Your wife should determine what her actual damages are and submit a demand.

Agree.

 

[Zigner]

My wife was injured at a privately-owned resort we believe due to negligence. We would like to discuss the situation candidly with the other party and come to a simple and easy agreement (if they are willing) without affecting or compromising any of her rights and possible outcomes if she decides to sue because an agreement couldn't be reached.

What is the best way to do that? Is putting a disclaimer on an email such as "without prejudice" sufficient? If not, what is sufficient?

At this point we just want to keep it simple and friendly with them.

Thanks!

To answer your question, settlement negotiations cannot (except with some limited exceptions) be admitted as evidence in a civil case.

View Document - Arizona Court Rules

Can you tell us what happened and why you think the other party was negligent?

 

[Tax Counsel]

What is the best way to do that? Is putting a disclaimer on an email such as "without prejudice" sufficient? If not, what is sufficient?

Presumably you already told the resort of the accident. So at this stage if you talk with the resort management talk ONLY about the money you'd accept for settlement and don'nt discuss the facts of the case at all. Statements of fact you make to the resort can be used against you later in a lawsuit, so best not to to discuss that so you don't risk saying something unintentionally that could help the other side. Some disclosure of the nature and amount of damages may be necessary when negotiating and most states protect those disclosures in pre-trial negotiations. But I'd stay away from discussing what happened when she got injured and talking about your theories about why the resort was negligent. That comes later, should you sue.

 

[zddoodah]

What is the best way to do that?

Through your wife's attorney and the attorney representing whatever person/entity she believes is liable to her.

Is putting a disclaimer on an email such as "without prejudice" sufficient? If not, what is sufficient?

Sufficient for what purpose?

I'd suggest reading Rule 408 of the Arizona Rules of Evidence and asking whatever questions you might have after doing so.

 

[justblue]

I highly suggest no contacting an attorney that trolls for clients on a legal advice site.