Help with the lawsuit........

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Turbo&Auto

Turbo&Auto

Nick Go FAST!!
I have a choice to make with this lawsuit and it needs to be done asap. Just trying to decide my best method of approach, gimme your .02

A. File a DJA(disctrict Justice something) against the vet. 8K for damages max but we'll also be adding in court/legal fees plus a public apology.

B. File a suit for her Malpractice Insurance limits, HUGE amount of money. Same deal with getting my court/legal fees paid and the public apology.

If I go with A it will prolly be simple and straight forward. She may even offer a settlement to avoid the public apology and keep this story under wraps. BUT, I'm limited to 8K for a payoff and the court may rule even less then that.

If I go with B the court may just laugh it off. Going for 100K+ for a lost dog may look like we're money hungry and they laugh the case off. Then nothing happens and she still gets off scott free.
I'm just worried if I go with A they will rule for like 1K and my fees. Then she really isnt hurt by it and she still continues to be a POS. If I go with B I have the chance of really hitting her where it hurts. BUT obviously it can turn into absolutely nothing quickly.

What would you do in my shoes??????
 
either way, she's not going to be hurt by it--- her insurance company will.

I'd go for B, but i wouldn't go for 100k. if i was a juror, i'd say that is very unreasonable.
50k i would think would be a fair number if i was a juror.
 
You won't get shit. Either way. Your lawyer knows this, but isn't telling you.

And a public apology is worth exactly nothing. $8000 sans lawyer fees and you'll go home with $2k, and I would say you won't get a penny more in any court.
 
go with "A". if you go with "B" it will be 3 years before you see anything. with "A" you could be in and out within 6 months. but like Cel said, you will only see a 1/4 of it.
 
I'm not worried about what I'll get. I just want it to be an amount that in some way hurts her or irritates her. I just dont like the fact that she can do something like this and just walk away unscathed. Sucks.....:(
 
I should add that the lawyer is advising me not to go with B. She's the one saying the court may not look at it as a serious case. She's also telling me that this is a tough fight regardless, its hard to argue the sentimental value of an animal to a family. She wants me to just stick with A and go for the max, 8K.

The public apology is to get the story out that she sucks. I cant just take an article out in the paper ripping her apart, she says that will open me up to a HUGE lawsuit against me.
 
op ed.
don't slander her.... just state the facts.

I went to X vet
she lost my dog.
when i got mad, she kicked me out.
choose a vet wisely.

thats safe.

vs,

i went to x vet
stupid bitch lost my dog
angry cunt booted me
hate this bitch and don't take your pets there
 
:lol: Thats basically the idea I had. I was going to put:
X vet lost our dog and kicked us out when we got upset. If something similar has happened to you, goto xdogx.com and file a complaint.

The lawyer said to do this as a last ditch effort if all else fails.

The only thing with the B lawsuit is that it prolly wouldnt make it to court. A juror will most likely never see the 100K suit against the vet. We're hoping that she would see it and realize I'm taking this shit seriously and offer a decent settlement. I dont know anymore.....
 
I think I'm going to stick with A after reading everyones comments. B will cause her no harm even if it gets stuck to get for the full amount. She'll pay a lil bit for the deductible and if her rates go up, she can just raise the office visit amounts to cover it.

With A I'll actually be suing her. If I win the 8K, it will be 8K out of HER pocket. The public apology is a way to get the word out without any risk on my part.
 
is option A similar to small claims court?
in NY small claims = 3K max, might be 4k now

be sure you keep your story straight regarding the lies she told you about the dog breaking the harness etc
i would honestly try to talk to someone from the vets office, possibly someone not being paid enough/disgruntled
i would bet anything they didn't lease the dog cause they thought it would stick around and then the dog was out like whoa

best chances for court would be 1) strict $$$ value of the dog, then 2. the value of the dog if you had used her to breed, assuming people would pay for the puppies

you should also make a log of all the hours you spent looking for the dog and the miles used in the search as well
 
do NOT do small claims !

You're likely to Win a small claims case, but in Small Claims even if you win, the loser is not required to pay. Even if they are fined, they are not required to pay.
 
do NOT do small claims !

You're likely to Win a small claims case, but in Small Claims even if you win, the loser is not required to pay. Even if they are fined, they are not required to pay.
Click to expand...

wtf are you talking about?
they can garnish your wages in NY if you don't pay
 
In Philadelphia, Small Claims cases are heard in Municipal Court; elsewhere, in District or Justice Court.
Statues: Philadelphia Statutes Annotated, Title 42, Part II, Subpart A, Article D, Ch. 11, Subchapter B, Section 1123; Title 42, Part II, Article E, Ch. 15, Subchapter B, Sections 1511-1520. Rules of Civil Procedure Governing Actions and Proceedings Before District Justices, Rules 201-325; Philadelphia Municipal Rules of Civil Procedure, Rules 101-134.
Dollar Limit:: Philadelphia Municipal Court: $10,000; District or Justice Court: $8,000. Where To Sue: Where defendant resides or is found or where breach or injury occurred. Corporation resides where it has principal place of business.
Service: Certified or registered mail, sheriff or court- approved disinterested adult.
Hearing Date: Municipal Court: Set by court. District or Justice Court: 12-60 days from service.
Attorneys: Allowed; required for corporations, except when corporation is defendant and claims is for more than $2,500 (Philadelphia Municipal Court).
Transfer: Municipal Court: If defendant counterclaims over jurisdictional limit, case tried in Court of Common Pleas. District or Justice Court: No provision.
Appeals: By either side for new trial or a trial by jury; to Court of Common Pleas within 30 days.
Special Provisions: District Justice Court: no real estate cases; court may order installment payments; court may order arbitration. Municipal Court: no jury trial. If claiming more than $2,000 for injury to self or property, will have to submit a verified (signed under oath) statement of claim (Philadelphia Municipal Court). Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.
Click to expand...

http://www.consumeraffairs.com/consumerism/small_pa.html

check out the small claims guide
Consumer's Guide to Small Claims Court

especially the "demand letter"
 
Thanks for the info :)

I'm going to go with option A. The attorney told me that if they come back and say they want to settle, I can say I want 15K for a settlement eventhough the max for the suit is 8K, thats 8K in court ;) We can say 15K is to make the public portion go away.
 
Tell me about it. I'm still messed up over it. I cant stop picturing her shivering to death outside.....Its a terrible image that I just cant shake.

My wife is still beside herself. I wake up to her crying at night sometimes. She has the same thoughts I do but doesnt handle them as well.
 
accidents happen

make then buy you a new dog and give it full shots/ get it fixed/ etc for free

maybe even throw in a years food and vet care or some BS if you must

what happened isn't an excuse to get rich

quit being a part of the problem

it's a fucking dog

move on
 
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