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

Discussion in 'Members' Lounge' started by Turbo&Auto, Feb 16, 2007.

  1. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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??????
     
  2. pissedoffsol

    pissedoffsol RETIRED

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    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.
     
  3. Celerity

    Celerity Well-Known Member

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    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.
     
  4. get_nick

    get_nick These snozzberries taste like snozzberries... VIP

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    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.
     
  5. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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.....:(
     
  6. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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.
     
  7. pissedoffsol

    pissedoffsol RETIRED

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    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
     
  8. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    :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.....
     
  9. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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.
     
  10. pissedoffsol

    pissedoffsol RETIRED

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  11. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    Thanks for the link, I'll post up over there and see what they say :)
     
  12. reckedracing

    reckedracing TTIWWOP VIP

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    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
     
  13. Celerity

    Celerity Well-Known Member

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    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.
     
  14. reckedracing

    reckedracing TTIWWOP VIP

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    wtf are you talking about?
    they can garnish your wages in NY if you don't pay
     
  15. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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  16. reckedracing

    reckedracing TTIWWOP VIP

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    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"
     
  17. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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.
     
  18. reckedracing

    reckedracing TTIWWOP VIP

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    good luck, can't believe you haven't found her...
     
  19. Turbo&Auto

    Turbo&Auto Nick Go FAST!!

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    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.
     
  20. Capt. Orygun

    Capt. Orygun Win the Day

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    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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