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Honored Advisor
Posts: 11,091
Registered: ‎05-13-2010
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Re: soybean field/transmission lines down

":Future" damages are not usually compensable, from what I've been told by counsel. 

Your crop losses in comparison to their business losses at this point are not of much concern to them.  They will not compensate you for one penny more than you can document under the terms of the contract, but they will compensate you to the extent the contract requires, when that damage is quantified. 

Keep taking pictures. and take pictures of the undamaged portions of the field for fair comparison.  It will be reasonable to ask for the difference in the overall yield on the field, and what you actually end up with in the affected area.  Alternative might be average production yield data for that field. 

If it's a significant loss to you, then it is worth a few hundred bucks to hire an attorney to advise you.  you'll probably end up with sending them a letter, asking them to quantify the crop losses by acres ground under by their activity, and to search for and remove buried and exposed metal scrap. 

It is probably premature to approach them in the middle of the repairs...they may be planning to remove the metal when they are done, for liability reasons.  The settlement for the damage will not enrich you...hopefully it will make you whole. 

That is all that is reasonably anticipated from such a situation...you don't end up worse, but you don't end up better off, either.  The more in line you keep your communications with the company, the better. 

Is your field the only one affected by this damage?  If not, then perhaps a group of you could retain counsel together to address the situation and spare costs to each one individually.