12-29-2008, 06:21 PM
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#37 |
| Donating Senior Yorkie Talker
Join Date: Jul 2005 Location: Long Beach, CA
Posts: 255
| You ladies are so amazing. I've gained more info and support here than from anyone I have contacted. I don't think they see how serious we were attacked from just talking on the phone.   Quote:
Originally Posted by MyPeanutAbbyGra
Another thought, have you contacted the owners of the pittbull and just asked them if they'd be willing to pay? There's a chance that they would do the right thing...I would hope. |
Thank You, you're right. I'm going to compile everything I have including total cost and approach them berfore filing a claim.
I pray that they will react positively. Quote:
Originally Posted by Nancy1999 I'm so sorry you had to go through this, and I'm glad that Merlot survived this attack. You are correct, this has changed you forever; something this traumatic always does. I believe you can take it to small claims court and sue for up to $5,000.00 in most states. Every judge will cover hospital costs, and subsequent vet visits, and items purchased for recovery. Most will not allow you to receive money for the pain and suffering of the animal because they are considered a possession. Some judges will allow you to claim work related claims, while others won't. Some will add punitive damages, if you can prove that the owner was negligent, i.e. pictures of a broken fence, or neighbor's testimony that the dog has gotten out many times, even a police record of this would be helpful. Keep your paperwork in order and clear and concise, and you are sure to get awarded the money, however collecting it may be another issue, and some people have found it better to just go to the owners, and ask for the money covering expenses. If you can find out the name of their home owner's insurance this can be helpful too, because most pit bull owners don't want their insurance companies to know they have a pit bull. |
Excellent info. I did'nt know most of this. I will check into the HO ins. Quote:
Originally Posted by alisonJ While it is fresh in your mind, I would get notarized affadavits from witnesses. And TAKE LOTS OF PICTURES of Merlot, the area where the incident occurred, etc. I would even make a map showing your house, the location of the pit's house, and where the incident occurred. Write down all of your recollections of the event.
So sorry this happened to you. I think you will have no problem prevailing in small claims court. But if small claims does not pay enough to cover your costs in your state, you might want to go by another venue.
By the way, you may be able to file against the homeowners insurance of the pit bull's owner, if they have such coverage.
I highly recommend a lawyer. They usually do not charge for initial consultation. | We have taken a ton of pics and I had to write everything down for the animal control, so I will use that report of an account of the events.
Very interesting about HO ins. I have to look into that. |
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