dog jump, sue owners to pay exam fee?

[RyanLiu_99]

I am living in LA. My mom, 67 year old, came from oversea to visit me. Last month, on a early Sunday morning, while she walk along street, neighbor’s dog ran out, and knock her down on the street. Her head and should hit the street, and she felt great pain in head, and was shaking for a hour.
The dog’s owner does not want to go to hospital with us. But offered $150. I said I don’t want to that money, I want the dog owner pay whatever medical expense is. I took her to the nearby emergency facility, doctor ordered CT and X-ray.

Thankfully, after stay in hospital for 5 hours, there is no big problem immediately found with my Mom.

2 weeks later, I got bills from hospital. Total amount is $600. I gave the bill to dog’s owner, asked him to write the check to hospital (or me). He refused to pay. He only wants to pay $150.

He does not have dog insurance. He said it is my Mom’s fault not to have visitor’s medical insurance. He also suspects she is illegal immigrant.
I never get into legal issue.

Is the dog’s owner’s full responsibility to pay exam fees?

For now, I only ask for this fee. If I have to take him to court, I also think ask for compensation for pain my Mom suffered, time we spent, and court fee etc. Can I do that?

My mom will leave country and back to home town in 45 days, she visa will expire by then and I already bought air ticket for her. I heard it takes 2 months for the small court to hear the claim. Also my Mom does not speak English. Can I full represent her, even after she left USA?

It is better for me to take him to small court, or hire a lawyer to sue him formally? I am afraid lawyer is too expensive. I know it is just an accident, I don’t really make him to pay big money.

And how is outcome looks like if I sue him?
Thanks a lot!

 

[justalayman]

Is the dog’s owner’s full responsibility to pay exam fees?

from the description you gave of the situation, yes.

If I have to take him to court, I also think ask for compensation for pain my Mom suffered, time we spent, and court fee etc. Can I do that?

well, you can't ask for anything. Your mother would have to sue. She can ask for the moon and the stars. Doesn't mean she will get them. She is likely to get actual costs, including filing fees. I do not believe pain and suffering are available through California small claims court. The time you spent; not compensable

 

[ecmst12]

You CAN NOT represent your mother in court unless you are licensed to practice law.

 

[Zigner]

You CAN NOT represent your mother in court unless you are licensed to practice law.

And, even then, not in California Small Claims Court

 

[Dave1952]

Sorry to hear about this. I hope your mother is doing better. Your mother may certainly sue this neighbor in small claims court. The dog owner was responsible for the actions of his dog. It's also likely that there is a "leash law" in your community. Someone should have filed an Animal Control complaint but it's too late now
Your mother will need to bring the bills and a medical report to court. Combined with her testimony she may get her medical expenses. The dog owner's behavior has been outrageous, so ask for some money for pain and suffering. With $600 in medical bills ask for $800 in total plus her court costs.
It probably costs about $100 to file a small claims case in California.

Good luck

 

[Zigner]

Sorry to hear about this. I hope your mother is doing better. Your mother may certainly sue this neighbor in small claims court. The dog owner was responsible for the actions of his dog. It's also likely that there is a "leash law" in your community. Someone should have filed an Animal Control complaint but it's too late now
Your mother will need to bring the bills and a medical report to court. Combined with her testimony she may get her medical expenses. The dog owner's behavior has been outrageous, so ask for some money for pain and suffering. With $600 in medical bills ask for $800 in total plus her court costs.
It probably costs about $100 to file a small claims case in California.

Good luck

Dave -

Nobody said that mom COULDN'T sue in small claims court. However, that will not be practical as mom won't be in the country long enough.

 

[xylene]

Your mother was injured, by another.

You have complex circumstances because mom is not local.

Consult a personal injury lawyer.