yo this is mess up, i need some info about lawyer stuff.

[Just another 240]

yo this is mess up, i need some legal action info about this

Recently my mom got biten by a dog, a small dog nothing major. My mom came back home first and got my dad with her and went back to the house. The guy said he will pay for the hospital bill and shi*. My mom walked mad *** far to the hosiptal because that day it was snowing so hard no cars can get out and ****, so she have to walk!

Today we received the bill which came out to around 300 buck, my mom went back to the guy and TRY to give him the bill. His wife came down and said they ain't paying shi* and his husband is upstair and ain't coming down to talk either. So my mom came back told me about this, made a few call to my mom's friend(she some asian rep. for the city or osmething) and see wsup and she'll talk to my mom about this tom.

so now should we just go to a lawyer and sue them? or is there something else we can do?Citylawyers are free right? but can we go to them for this kind of case? the only time i heard about citylawyer doing people's case is when someone get arrested for something and they have no money.if i go to some private lawyer, if we sue the guy for the couple hundred bucks , would OUR lawyer bill come out even more than that couple hundred buck? meaning is pointless for the lawyer cause now we have to pay even more.??

thank you for the helps.

[Kaioshin1982]

I think just filing a lawsuit is couple of dollars and lawyer's fee will be couple of thousands. They will charge you just go even have a consultation with them. Dunno if its actually worth it. But its just my opinion I can be totally wrong about this.

[Just another 240]

oh, i can file a lawysuit all by myself without a lawyer?sorry i know very little about law and stuff.

[Kaioshin1982]

yeah from what i know u can but it will already be more then $300 and it will be annoying as hell dunno if its worth all that trouble

[Just another 240]

also i seen those tv commercial that said, they'll help you fight the case and get back the money you deserve and you only pay them if you win and pay them nothing if you lose.anyone know if this true?or a scam? someone gotta seen those commercial before.

[Kaioshin1982]

oh and also it was just a verbal agreement about paying the hospital fee so you will have hard time trying to convince the judge about it too i guess

[Just another 240]

yeah from what i know u can but it will already be more then $300 and it will be annoying as hell dunno if its worth all that trouble

yea i know is annoying and all, but the bill is 300 dollar and we SHOULDN'T pay for it. he should. maybe i should go break his window in the middle of the night or something. aargghh

[Just another 240]

oh and also it was just a verbal agreement about paying the hospital fee so you will have hard time trying to convince the judge about it too i guess

but we have the bill, so the hospital gotta have a record of what was the bill for and stuff right? and i just took a couple of picture of the bit mark.

[S13Ka24e]

Was the dog on a leach or in the owners yard? Because if is wasn't that could against the law, and if that is, then you could sue.

[1dollar240]

Don't spend any money on a lawyer yet. Just make them think you have. Call them and say something to the effect of "Well, my lawyer says yada yada yada." maybe that will scare them enough to pay you.

[Just another 240]

s13ka-the dog wasn't on a leach and it was running around ON THE STREET.

1dollar240- hm, maybe i should do that,but i don't think it'll do anything.

[S13Ka24e]

Ok well I would assume that it is a law that you have to keep the dog on a leach (You would want to check that out). Then Then call up the guy saying that "my lawer says that having your dog without a leach is illegal and because you broke the law my mother got bit. You have caused her mental anguish and hospital damages. You could just pay this bill or we will sue." If he still won't pay, take him to small claims court. (read http://www.nyc.gov/html/dca/html/smallclm.html) It might be slightly different in your area i'm sure you can find it on the net somewhere.

[sultan]

also i seen those tv commercial that said, they'll help you fight the case and get back the money you deserve and you only pay them if you win and pay them nothing if you lose.anyone know if this true?or a scam? someone gotta seen those commercial before.

this is called a contingency fee. they only collect if you win, not going to happen for your case. lawyers like big payouts, and are not going to go with contingency fee for a case like yours.

[ninjak84]

That's BS.I would kill his dog, and hang it from a tree outside his house.Then tell him one of his kids is next.

Haha!!

[Just another 240]

thanks people

[Antyoo]

if he doesnt pay, cause $300 worth of damage to his property, lol

or threaten a lawsuit and also say that you will sue to have the dog put to sleep

[Just another 240]

if he doesnt pay, cause $300 worth of damage to his property, lol

eheh..

yeah i read the link that s13ka24e gave me and i might file a lawsuit ourself. The link is perfect for me cuase i live in bklyn...thanks s13ka.

[C-Kwik]

Couple of things to mention. Having a lawyer doesn't change your case or claim. It's possible for anyone to argue a case. Lawyers just have more experience doing so. But that's not to say you need them or that someone who is not can not make a better argument than a lawyer. They are just people afterall.

As far as City attorneys, the only ones that represent the public are public defenders. The ones they state you have a right to when they read you your Miranda rights if you get arrested.

Chances are with the dollar amount you are talking, this would be heard in front of a small claims court. A judge would typically just hear both sides and then render a decision.

If you go to court, you need to do 4 things:1. Establish what civil duties the other person owes. In this case to restrain the dog so that it is not a public hazard.2. Establish that the other person breached this duty - the dog was not on a leash. 3. Establish that breaching this duty was the cause of the incident - because the other person allowed the dog to run around in the street it bit your mom.4. Did the incident cause damages - because the dog bit your mom it caused an injury which needed medical attention in the amount of $xxx.

This is a guideline to follow.

If you can find out who the other person has his home or renter's liability insurance policy with, you can try to report a claim. It could save you some hassle there. If your mother has medical insurance, she can ask if they will pay it. If the healthcare provider feels someone else is responsible, they might go after them.

And ultimately, you do have to keep one principle in mind. You have the burden of proving the claim.

[Just another 240]

what is the difference between sueing them and a CLAIM? or is it just the same thing?

i don't think i can find out anyinfo on the guy such as his home or renter liability insurance etc. because that guy won't even come out.

[DAEDALUS]

In order to sue someone in court you have to file a claim with the legal system to get the ball rolling. Roughly interchangeable terms. Call the police and get a report now. The police will take care of getting the personal info you need; you just need to get a copy of the police report. Your case seems like a civil matter, but the unleashed dog part is probably criminal. Cops showing up to their house to ask questions might be enough to get them to pay up. Suggest to the officers that they might want to call in an enforcement specialist from the SPCA if there's one available. If they won't do the right thing you may as well play dirty and get them fined as much as possible. When your family goes to court you will probably win. They still may not pay. You can do a lot work and get the money deducted from their paychecks, or you can refer it to a professional bill collection agency for a 25-50% fee.

Sorry, I didn't read the above post well enough. The claim mentioned is with the insurance company of the homeowner. If you actually find out that they have a policy (no idea how) threaten the owners with the claim before actually filing it. They'll realize that a claim on their policy will make their premiums go up much more than $300 in a year.

[S13Ka24e]

eheh..

yeah i read the link that s13ka24e gave me and i might file a lawsuit ourself. The link is perfect for me cuase i live in bklyn...thanks s13ka.

glad to help.

[yashin]

get judge judy on his *** that ***** always knows who's telling the truththen you'll get to be on tv

[fiznat]

You could also get a lawyer and include the lawyer fees in the amount you're asking in the claim...

[Nathan]

I'm thinking oily rag in the gas tank...JK! It'd just end up costing everyone using the same auto insurance as him...I personally like the judge judy idea

[bruinbear714]

What I would do is document EVERYTHING. Take pictures of the bite wound.

The longer you wait to settle this matter, the harder it will be for you to get him to pay up.

[I am Technoman]

s13ka-the dog wasn't on a leach and it was running around ON THE STREET.

1dollar240- hm, maybe i should do that,but i don't think it'll do anything.

It is the dog owner’s responsibility to pay for a bight if their dog is running around the street. That is law in most states. Your mom should have called the police right after she was bitten to show public record. She can file a motion at the courthouse in your city against the owners of the dog and take them to arbitration about this matter. The most important thing is that this dog doesn’t bight anyone else such as a kid! This is a major problem here in Fl with dogs “pit bulls” or “rottwilers” killing children all because some loser can’t keep up with his dog! Having these kind of dogs come with a huge responsibility and in Florida you can and will go to jail if your dog attacks and kills another person.

[I am Technoman]

I think the dog needs a little drink of 240sx coolant!:D

[AZhitman]

Just out of curiousity, doesn't Mom have health insurance? If not, then you (and she) have bigger problems to deal with...

Go through small claims court - Have all your documentation and any witnesses. No need for a lawyer here, the US judicial system is actually pretty user-friendly once you get into it.

[sultan]

I think the dog needs a little drink of 240sx coolant!:D

they always say that antifreeze is sweet tasting and to keep it away from pets and kids cause it's poisonous, but i don't think it's that sweet. yeah, it's kinda sweet, but it tastes nasty. the taste stays with you for awhile after it's been in your mouth. maybe it was like that because it was used coolant that had been in the rad for a couple years, but i couldn't see someone drinking it.

[I am Technoman]

For some reson dogs,cats love the taste of coolant and it will kill them dead!:youwon