Small Claims: Dog Bite and Counter Claim

[Pennotion]

What is the name of your state? CA

I was bitten by my neighbor's dog. I contacted an injury lawyer for help. They asked the neighbors for their insurance information. The neighbors refused the information, even though my Home Owners Association stated they have insurance. The law firm filed a case against the neighbors, hoping they would disclose the insurance information. Unfortunately, the neighbors continued to to refuse this info.

The defendants responded to the summons stating that since I received $60 for my medical co-pay and over the counter medication from them, that "it constitutes full satisfaction and resolution of her damage claim, and that this led the defendants to believe her acceptance of the money satisfied and resolved the damage issues."

The law firm decided it was not feasible to continue to case and asked me to give permission to dismiss it. They then suggested I pursue this matter in small claims for the injuries I received.

I filed a small claims, and now, the defendants has filed a counter claim against me for their legal and filing fees from the case with the law firm. They claimed that they had to seek legal help to respond to my lawyer's claim, which ultimately, lead to the dismissal.

I never made a statement or sign anything that says the incident has been resolved when I accepted payment for my medical bills. I gave the defendants the receipts for the medical bills, and they reimbursed me.

Do you think their argument will stand up in court?

In your opinion, will the judge still grant me a judgement for my injury (pain and suffering, scarring) even though I accepted payment for my medical bills? In addition, do the judge usually give me my judgement reduced by the amount of the defendant's judgement? Or will it be two seperate judgement?

 

[Zigner]

In your opinion, will the judge still grant me a judgement for my injury (pain and suffering, scarring) even though I accepted payment for my medical bills? In addition, do the judge usually give me my judgement reduced by the amount of the defendant's judgement? Or will it be two seperate judgement?

Based on the facts you presented:
If you win, they shouldn't be able to collect on their counter suit.

You can collect the amount from your medical injuries beyond what you have already been paid. BUT, you will be required to reimburse your medical insurance company anything you take from the lawsuit (it's called subrogation - check your contract).
As for pain & suffering - I can't say anything about it...I don't know what injuries you actually suffered and what permanent scarring etc you may have.

 

[seniorjudge]

My guesses:


Q: Do you think their argument will stand up in court?

A: No.



Q: In your opinion, will the judge still grant me a judgement for my injury (pain and suffering, scarring) even though I accepted payment for my medical bills?

A: No.



Q: In addition, do the judge usually give me my judgement reduced by the amount of the defendant's judgement? Or will it be two seperate judgement?

A: Yes and no.

 

[fairisfair]

and although in almost all cases the dog owner's are responsible for the actions of their pet, without ANY details of how you came to be attacked by the dog, it is impossible for us to guess at liability.

 

[Zigner]

and although in almost all cases the dog owner's are responsible for the actions of their pet, without ANY details of how you came to be attacked by the dog, it is impossible for us to guess at liability.

You do make a very good point...

 

[Pennotion]

Thanks for replying to my question.

I exited my patio into the common area of our homehome complex (where all residents exit into). The neighbors have a big gap underneath their patio dog that was had an unsecured barrier. The dog escaped from underneath their patio door. The dog wiggled through the barrier, ran up to me, and bit my calf without warning. I had several deep puncture wounds, and now, is left with two distinct scars.

Senior Judge, you replied that since I received reimbursement for my medical co-pay and some OTC meds, that I will not be able to compensate for my permanent scars/pain and suffering. Why is that so? When I accepted the reimbursement (~$60), I did not sign or verbally agree the incident is settled. I am not suing for medical bills, I am suing for compensation for phyical and emotional damages.

Zinger, you mentioned that if I win my case, I need to reimburse my medical insurance company. My question is, I pay for my medical insurance, and had paid co-pay to see the doctor, and if I win my judgement, it is only for phyiscal/emotional damage...does that mean I need to contact the medical insurance to pay them for the retail cost of doctor's visit? I'm sorry if I am misunderstanding you.

 

[seniorjudge]

Q: Senior Judge, you replied that since I received reimbursement for my medical co-pay and some OTC meds, that I will not be able to compensate for my permanent scars/pain and suffering. Why is that so? When I accepted the reimbursement (~$60), I did not sign or verbally agree the incident is settled. I am not suing for medical bills, I am suing for compensation for phyical and emotional damages.

A: The court could say that when you accepted the dough, it was for everything. That's my guess.

 

[moburkes]

I'm trying to understand how, if the injuries were serious, your bills only totalled $60. Your insurance company will be reimbursed what they paid because health insurance only pays for sickness and injury, but, when that injury is caused by something outside of your control, then the at fault party should pay for the injuries, not your insurance company.

 

[Zigner]

Zinger, you mentioned that if I win my case, I need to reimburse my medical insurance company. My question is, I pay for my medical insurance, and had paid co-pay to see the doctor, and if I win my judgement, it is only for phyiscal/emotional damage...does that mean I need to contact the medical insurance to pay them for the retail cost of doctor's visit? I'm sorry if I am misunderstanding you.

You never mentioned that you weren't seeking anything for the medical costs. You have the right to seek compensation of those costs, but if you *did* collect anything for the medical bills, it is your responsibility to turn that over to YOUR insurance company to reimburse them for what they paid out on your behalf.

 

[Zigner]

I'm trying to understand how, if the injuries were serious, your bills only totalled $60. Your insurance company will be reimbursed what they paid because health insurance only pays for sickness and injury, but, when that injury is caused by something outside of your control, then the at fault party should pay for the injuries, not your insurance company.

Mo - his payments totaled $60 for copays...

 

[moburkes]

Mo - his payments totaled $60 for copays...

Gotcha. Thanks!

 

[fairisfair]

You do make a very good point...

Why thank you Zig, now I am going back to sleep!!!

 

[Pennotion]

Hi,

I'm sorry if I was not clear earlier in my questions.

I paid a copay to see my doctor, and also for some OTC meds. The dog owners reimbursed me for that money only.

I did not ask my homeowners insurance for compensation. I wanted to know the insurance company from the dog owners, but they refused the info. My wounds healed into scars. I was never compensated for my injuries from anyone or any insurance companies.

Senior Judge: You guessed that the court could say that when you accepted the dough, it was for everything. - Have you known of any other instances that this did occur?