Can I sue a moving company for destroying my propert during an interstate move?

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Can I sue a moving company for destroying my propert during an interstate move?

If so, what type of attorney should I consult, and from which state? By way of backgrounf, I hired a moving company to pack, ship and deliver my household goods put of stae. When it was delivered, most of my furniture and belongings were damaged. The company referred me to their insurance company, which offered $78 as compensation, which does not cover anything. A broken vase costs $50. Some of the furniture are antiques. My insurance might cover some damage, but it’s the principle behind their awful work. I believe they should be held accountable.

Asked on May 29, 2012 under General Practice, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the moving company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable moving company would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your damages (the amount of compensation you are seeking in your lawsuit) would be the value of the items that were damaged or destroyed or the cost of their replacement.

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  The attorney you retain to represent you should be  a member of the State Bar in the state in which you are filing the lawsuit; although it is  possible to have an attorney from another state represent you.  You would hire an attorney who handles civil litigation. 

 


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