lawisblind
Junior Member
What is the name of your state (only U.S. law)? California
About a month ago I was walking my 18 pound dog on a leash. A 14 year old neighbor girl was walking a pit bull on a leash. Her dog broke free and attacked me and my dog. Neither of us was on our own property during the incident. I suffered injuries to my hands, elbow, knees and face. My dog died an hour later at the vet hospital. I then went to the ER for treatment to my injuries. I will likely have a permanent scar on my nose about the size of half a dime. It looks like I will have permanent numbness/nerve damage to one of my fingers.
Early on the owner of the dog agreed to pay my out of pocket expenses, but now they are refusing to do so. I consulted a few attorneys. Although they all say I have a good case, no one as of yet has wanted to take it because the defendants do not own their own home. I have witness statements, emergency room and other doctor bills, vet bills, the animal control report and personal property replacement receipts. I am putting together a small claim case and I have a few questions:
1. Should I send evidence with demand letter?
2. Should I name their landlord as a defendant?
3. If so, should I send their landlord the demand letter at same time? In a way this seems wise but I am wondering what will happen if he hires an attorney to defend himself.
4. How do I determine a reasonable amount for pain and suffering? I believe my justified expenses will be in the range of $2-5000. I don't know the ER bill yet. I read that there is some sort of multiplier times justifiable expenses that can be used as a rule of thumb.
I welcome your input but I ask you to be kind. There is a lot of raw emotion involved in this for me. I loved my dog very much, as dog owners do.
About a month ago I was walking my 18 pound dog on a leash. A 14 year old neighbor girl was walking a pit bull on a leash. Her dog broke free and attacked me and my dog. Neither of us was on our own property during the incident. I suffered injuries to my hands, elbow, knees and face. My dog died an hour later at the vet hospital. I then went to the ER for treatment to my injuries. I will likely have a permanent scar on my nose about the size of half a dime. It looks like I will have permanent numbness/nerve damage to one of my fingers.
Early on the owner of the dog agreed to pay my out of pocket expenses, but now they are refusing to do so. I consulted a few attorneys. Although they all say I have a good case, no one as of yet has wanted to take it because the defendants do not own their own home. I have witness statements, emergency room and other doctor bills, vet bills, the animal control report and personal property replacement receipts. I am putting together a small claim case and I have a few questions:
1. Should I send evidence with demand letter?
2. Should I name their landlord as a defendant?
3. If so, should I send their landlord the demand letter at same time? In a way this seems wise but I am wondering what will happen if he hires an attorney to defend himself.
4. How do I determine a reasonable amount for pain and suffering? I believe my justified expenses will be in the range of $2-5000. I don't know the ER bill yet. I read that there is some sort of multiplier times justifiable expenses that can be used as a rule of thumb.
I welcome your input but I ask you to be kind. There is a lot of raw emotion involved in this for me. I loved my dog very much, as dog owners do.