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Danyos-Perwisyo, Claim Letter

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1 Danyos-Perwisyo, Claim Letter on Wed Apr 06, 2011 11:38 am

janeusi


Arresto Menor
Hello to everyone, I am hoping that you guys/sir/ma'am here can enlighten us regarding danyos-perwisyo, Claim Letter (though I'm not exactly sure what term to use regarding our case)

The case:

My husband was a victim of a building accident (January 2010) in a prominent mall here in our country, he and another friend are unsuspecting mall shoppers chilling on the main lobby of the mall when suddenly, the sunroof above them collapsed and injured them. My husband was severely injured in the face while our other friend has several deep cuts on the arms. (imagine fragments of glass falling on you from the 4th floor)

Though the company took charge of their medical needs/expenses, we're still not completely satisfied with their actions. Magaling cla nun una, pero nung mejo namatay na un issue nun accident, nag lie-low nadin cla sa pag-aasikaso dun sa victims. They don't prioritized much the follow-ups of the victims, like just months ago, before our wedding, though its been a year since the accident happened, his injuries still hurts, splinters of glass were still found on the wounds in his face (his face swelled nun december kace malamig, and un nga, me natira pang maliliit na glass) We went to the mall admin/clinic pra ipagamot ung swelling but they didn't accomodate us because its holiday and tapos na daw ung coverage ng health insurance nila for the victims. They told us nalang to go to other hospital, ipagamot and just have the expenses reimburse. Di na lng namin gnwa kace maaberya, time consuming, we were planning our wedding that time kya ayaw na namin maubos ang oras nmin sa kanila.

We know that their responsibility shouldn't end there, it shouldn't end lng dun sa pag cover nun mall sa medical needs/expenses nila. There's gotta be an action from them that we should demand that'd be worth the physical/moral damage and abala na gnwa nila sa victims.

My question is what definite action from them should we demand?

Though from our last meeting with them, the management told us to submit a "letter of claims". How does it go? tama po ba na ganun? We don't have an idea pano ggawin?
Please help, but then, thank you for taking time reading this.

God bless!

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2 Re: Danyos-Perwisyo, Claim Letter on Fri Apr 08, 2011 10:41 pm

attyLLL


moderator
wasn't there any agreement made? or quitclaim? this will be the basis if it was breached.


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3 Re: Danyos-Perwisyo, Claim Letter on Mon Apr 11, 2011 11:19 am

janeusi


Arresto Menor
Thank you for responding sir.

..puro verbal po ung agreement, from the last time we've met with them sabi nga po nila magsubmit ng letter of claim. I think we need a guide from a lawyer in writing the letter pra nman po di kme agrabyado sa mga illagay nmin dun sa letter. May you suggest pointers that will guide us? like the range of demand? signatures? do we need to have it notarized by whom? etc.

If it was a quit claim po, hindi po ba dapat ay sa knila mang gagaling ung letter? offering a definite arrangement?

Please enlighten us...thank you very much.

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4 Re: Danyos-Perwisyo, Claim Letter on Mon Apr 11, 2011 10:55 pm

attyLLL


moderator
that's right, i was asking whether the management asked you to sign a quit claim or an agreement.

what i recommend is that you keep your demand reasonable, those directly related to the injury.

if you are after a cash bonanza, including moral damages, that will have to be litigated in court.


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5 Re: Danyos-Perwisyo, Claim Letter on Tue Apr 12, 2011 6:54 pm

janeusi


Arresto Menor
No, there wasn't any.

I guess we must get a lawyer muna to make us a personal injury demand letter, then pag di nagkasundo sa arrangements saka kmi magfifile...

..is filing a lawsuit the only choice to bring it to court?? what case would that be if ever?


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6 Re: Danyos-Perwisyo, Claim Letter on Thu Apr 14, 2011 9:11 am

attyLLL


moderator
it would be a complaint for damages. if you want a faster settlement, keep your request reasonable, and that would normally be direct medical expenses only.


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