Putting Price on Damages?

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  • DeadeyeChrista'sdad

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    A few years ago my neighbor had a 50-60 lb dog that was, for lack of a better descriptor, an a-hole. My dog, who was over twice as big, injured him on his own property badly enough that he had to be put to sleep. My neighbors were understandably upset, and demanded recompense of the vet bill.
    Had this happened on my property, I might've had a different opinion, but it did not. It happened on theirs. I apologized profusely (because I did feel terrible about it.) and paid the man.
     

    Libertarian01

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    You really should talk to a lawyer. Not to be mean, not to be greedy, not to be malicious. But to cover your butt on a lot of stuff they take into consideration that we don't even think about.

    As of yet no one in this thread has mentioned "pain and suffering." You might poo-poo it, but it may well be considered a contributor to other factors in your case.

    This may not be the first time the dogs owner(s) have had issues and have always ignored it because good, decent folks who didn't want to be "greedy" or "take advantage" of them haven't pushed the issue. Let's say they buy a replacement dog and control it the same way they did the dog you had to shoot. Except this dog attacks a five (5) year old kid playing in their own yard.

    The one dog is dead.

    The owners need a wake up call - HUGE.

    Talk to a lawyer, get some free advice, then make a decision.

    Regards,

    Doug
     

    cayce

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    You HAVE to address the "mental anguish" issue. That is worth 6 figures and let the judge, or insurance company, to adjust it from there.
     

    Slapstick

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    My opinion, which isn't worth a damn, is that if I were the person that owned the dog and you only wanted compensated for actual loses and a small cushion for the time, inconvenience and any loses you may not yet be aware, (no matter what the project or repair you always forget something) I'd consider myself lucky and be grateful to have neighbor like you.
     

    Expat

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    Not all dog bites are worth the same. A pretty girl, bit in the face, with lots of medical bills, scars, etc is going to be worth a helluva lot more than some guy that got his hand nipped with no medical attention ever sought.
     

    Cameramonkey

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    You really should talk to a lawyer. Not to be mean, not to be greedy, not to be malicious. But to cover your butt on a lot of stuff they take into consideration that we don't even think about.

    As of yet no one in this thread has mentioned "pain and suffering." You might poo-poo it, but it may well be considered a contributor to other factors in your case.

    This may not be the first time the dogs owner(s) have had issues and have always ignored it because good, decent folks who didn't want to be "greedy" or "take advantage" of them haven't pushed the issue. Let's say they buy a replacement dog and control it the same way they did the dog you had to shoot. Except this dog attacks a five (5) year old kid playing in their own yard.

    The one dog is dead.

    The owners need a wake up call - HUGE.

    Talk to a lawyer, get some free advice, then make a decision.

    Regards,

    Doug

    Or pay for an hour of the lawyers time and tack it on to your bill.

    I think its a good idea just to CYA. I also think that as long as both parties involved think its fair, then its really none of the rest of our business.
     

    boosteds13cc

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    Asking for only 1k is really selling yourself short. I personally would hope you can get more closer to at least 2-3k. Totally a messed up situation. Hope all worrks out in a timely yet reasonable manner
     

    jbombelli

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    If it was my dog and I could settle out of court for a grand, I'd pay it in a heartbeat and make sure you signed a release of some sort absolving me of any further liability.
     

    OutdoorDad

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    Worry about rabies is worth far more than you are asking.
    Because you were worried, I’m guessing shots not up to date.

    If he doesn’t want to involve insurance, either his deductible is way high or he’s had other claims.

    Worry about blood loss? That’s not a “nip”.

    You need a lawyer. I’m guessing 10k or so after everything’s done.
     

    Dead Duck

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    Not all dog bites are worth the same. A pretty girl, bit in the face, with lots of medical bills, scars, etc is going to be worth a helluva lot more than some guy that got his hand nipped with no medical attention ever sought.

    Um..... How do you know the OP isn't a pretty girl? :n00b:
     

    wcd

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    Asking for only 1k is really selling yourself short. I personally would hope you can get more closer to at least 2-3k. Totally a messed up situation. Hope all worrks out in a timely yet reasonable manner

    I found out from animal control they left their other dog with them because the wife of the dog owned could not control the dogs when he was gone, and they had gotten out several times and now they were worried that it might be worse next time.

    Our dogs are still quite put off every time they go outside now which is really annoying. Last night we let Buster out and he refused to come in for some time because he was sniffing around every where. And he kept running the fence line by the kids.

    I think I am going to wait until next week before I make any decisions, this a.m. I had to get antibiotics because one of the bits was swelling and getting red.

    I think part of the problem is me because most times I try to treat people the way I would want to be treated, which I think causes me to be too nice at times.
     

    Dead Duck

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    I found out from animal control they left their other dog with them because the wife of the dog owned could not control the dogs when he was gone, and they had gotten out several times and now they were worried that it might be worse next time.

    Our dogs are still quite put off every time they go outside now which is really annoying. Last night we let Buster out and he refused to come in for some time because he was sniffing around every where. And he kept running the fence line by the kids.

    I think I am going to wait until next week before I make any decisions, this a.m. I had to get antibiotics because one of the bits was swelling and getting red.

    I think part of the problem is me because most times I try to treat people the way I would want to be treated, which I think causes me to be too nice at times.

    Just beware of cheese. :puke:
     

    IndyIN

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    From what I am told average dog bite claim gets settled between $5 to $8k to settle. I don't want to be a jerk but I think I have my bases covered.

    Clear liability
    Documented property damage
    Video of dog in question killing chickens, and biting me
    Sheriff's and Animal control reports


    I think you can ask for whatever you want, and if you're comfortable with $1000 go for it. It could be worth more if you spoke to an attorney and made a claim, and it probably is. If you do escalate it, be prepared to have your actions scrutinized. If you contributed in anyway to getting bit, that will be debated. They will review your video, they will ask you why you didn't stay inside... all of those things. Might not ultimately matter, but be prepared.
     

    nra4ever

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    You didn't include your ptsd and new fear of pit bulls and years of counseling you will need. I'd say $25k should do it....
     

    wcd

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    I think you can ask for whatever you want, and if you're comfortable with $1000 go for it. It could be worth more if you spoke to an attorney and made a claim, and it probably is. If you do escalate it, be prepared to have your actions scrutinized. If you contributed in anyway to getting bit, that will be debated. They will review your video, they will ask you why you didn't stay inside... all of those things. Might not ultimately matter, but be prepared.


    That is where video will be damming, headline Pit bull goes after cute adorable 2 week old kid film at 11:00. Nice thing around here private property rights are serious business.
     

    Libertarian01

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    Or pay for an hour of the lawyers time and tack it on to your bill.

    I think its a good idea just to CYA. I also think that as long as both parties involved think its fair, then its really none of the rest of our business.


    True. Reading on that now several people, first the guys wife, then the current owner couldn't control the dog. Very sad for the dog and what the OP had to go through with this nonsense.

    I would also mention that before I sued a woman for a car accident I consulted with two (2) insurance adjusters to get their opinion before proceeding as to the general "value" of my damages. The first said $40 - $60k, the second said about $50k. These were from two (2) different companies so there wasn't any kibitzing going on. My father was an insurance agent and I used his contacts to get an unbiased opinion. I was astounded at how closely they agreed on the range.

    If the OP has a good personal relationship with his agent he may well ask to speak to an adjuster regarding the "value" of his claim, and most importantly WHY they would value it as such.

    Regards,

    Doug
     
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