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Old 06-17-2008, 04:34 PM
ˇYa!
 
Join Date: Dec 2007
Location: Denver, CO
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It's my line of work, although I'm not a lawyer. When you do this for a living, it's not so overwhelming. I do remember my first job though and so I understand how hard it is for people not in the field.

We are thinking of doing the same thing to our neighbor. He allowed his kids to jump off our porch and damage our garage. And now he's hiding from us. And believe me, it sounds like a pain. One thing we are starting with, and that's a simple demand letter. You can outline any law you find, and ask for a certain amount that you deem appropriate. It's a way of leaving a paper trail, and proof that you started out nicely.
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Old 06-17-2008, 06:29 PM
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TropicanaRose will become famous soon enoughTropicanaRose will become famous soon enough
Maybe Boulder is different, but I know many people with your sort of issue who have had their cases handled on contingency.

I do think that it would be wise to give the owner the opportunity to do the right thing, but I wouldn't necessarily write a demand letter on your own. Remember, anything that you write you are stuck with forever.
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Old 06-17-2008, 06:31 PM
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Send any letter certified mail return receipt - outline the facts and damages and then make a request. Give them 30 days.

The attorneys on tv are horrible and the Bar outlawed that type of advertising long ago-- unfortunately the US Supreme Court said banning the ads violated Freedom of Speech -

Expect the dog to get an attorney as well.

Ok kidding on the last part. Yes I'm an attorney but don't handle that -even if I was in Colorado.
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Old 06-18-2008, 09:54 AM
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Tropicana: I respectfully disagree about contingency, and I'm familiar with Boulder. Are you in the legal field?

It all varies. Really, it's about money. No lawyer wants to work for free. So if the settlement/demand is piddly, I doubt any lawyer is going to work on contingency. 1/3 of $3,000 would hardly pay someone's rent, not alone their fees.

Demand letters are just that; letters. They aren't binding and don't require any legalese. It's a good way to get started in that you are giving the homeowner a chance to do what's right. And it's proof that you tried to work out things the easy way.

And to the lawyer, no joking aside, but yeah, expect the dog to get a lawyer. That's one of the beauties of small claims. It's not an absolute (the rules say that the defendant can opt for a lawyer, giving you the chance to get a lawyer, then it's moved out of small claims), but most of the time no lawyers are present. It's the "people's court", you against them, no hairy lawyers or fees.
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Old 06-18-2008, 11:33 AM
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TropicanaRose will become famous soon enoughTropicanaRose will become famous soon enough
You disagree that I know several people who have had small PI stuff handled on contingency? I'm not disagreeing with you that it won't happen in Denver, because I don't know that, just sharing my personal experience. As for your other question, I am now in the childrearing field, and since I wouldn't want anyone to construe my internet chatter as legal advice, I will not elaborate as to any other qualifications I may or may not have.

You are stuck with what you write. Documentation exists in the form of the medical treatment records should the need arise to prove injuries. If the OP provides additional detail in a demand letter, she's stuck with it when she goes to court. If *I* were writing a letter I would keep it extremely basic. Every piece of information that you give away has the potential to be used against you. People think lawyers are expensive, and sometimes they are. Not having a lawyer when you need one can be much more expensive. Lawyers also give away a LOT of time.

I would urge the OP to think about what she needs to recover. Are you sure that DH is done with treatment and that there won't be further complications? Can you or should you think about damages in excess of your DH's medical bills? If I were the OP, these are questions that I would explore with an experienced attorney.
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Old 06-18-2008, 11:54 AM
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Good thoughts. No, I wasn't disagreeing with you that you knew people who had small PI stuff handled by lawyers by contingency. I was disagreeing with the thought that she would find one who would do it on contingency (not that you said that, so really I was disagreeing with the thought, not necessarily disagreeing with you, does that make any sense??).

I totally agree with you re: Not having a lawyer when you need one makes it more expensive in the end.

Also, re: the demand letter. Silly me assumed (ass of you and me) that the OP would know that the letter should be basic. It seemed obvious to me that she shouldn't be putting in things that could later be used against her. Really, it should be a short outline of what happened, and how much she would want in compensation. I do agree with your thoughts about not knowing about future problems. You really just have to gauge and see a doc about how much future problems you might have.

The reason why I was pushing small claims is that I thought her claims sounded mild, not like someone who lost their leg. I mean, her husband isn't missing any work, he has no loss of ability to work now or in the future, and to me, that's really where a lot of the big claims come from.

Exploring these ideas w/an experienced atty is definitely a good idea. I suppose my point to the OP is that this info will not come cheap. I think a lot of what we are talking about is based on assumptions of the OP, i.e. not affording a lawyer, not wanting one, etc. I was really just trying to give her ideas and realistic views of the outcomes of my ideas.

And BTW: of course this is just internet chatter. In no way am I divulging legal advice, only opinion.
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Old 06-18-2008, 01:37 PM
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Well, I'm assuming I should be able to speak with a PI lawyer at no cost. Is that correct. I'm not saying ALL would extend this offer, but I'm sure I could find one. One that I trust, is a different story. So in everyone's "opinion" do you think it's smart to just start with a letter to the lady, outlining what happened and what we are looking for? Somewhere along this post someone said something about a time limit on this??
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Old 06-18-2008, 02:04 PM
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TropicanaRose will become famous soon enoughTropicanaRose will become famous soon enough
I think that you will be able to get at the least, a telephone consultation without charge. Start asking your neighbors and acquaintances for names of any good lawyer they know. Then ask those lawyers for a referral to a good PI person. When you call to discuss your situation it will be helpful to have all of your bills assembled, and all information about the attack at hand.

I wouldn't jump on the letter until you have a consult. If you do write it, I wouldn't really "outline what happened." I'd just ask how she plans to handle her financial responsibility for her dog's attack.

wanttomoveast, it sounds like we are more on the same page than each of us thought.
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Old 06-18-2008, 02:30 PM
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Tropicana: We've spoken before and yep, pretty much on the same page. : )

Katy: I agree with Tropicana and would at least start with talking to a lawyer as a consult. It is true that many lawyers take free consults, but finding one can be like finding one in a haystack. I speak from experience, I had a lady hit me in her car while I was riding my bike. This was before I went into law. I tried asking lawyers and many wouldn't spend the time to talk to me, and that was only if I was able to get past their receptionist. Just a warning. But go ahead and try, it certainly can't help.

Last edited by wanttomoveeast; 06-18-2008 at 02:38 PM..
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Old 06-18-2008, 02:33 PM
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Was homeowners insurance contacted. Usually they are where to start I thought. Small claims court also but after a claim gets submitted I think???????
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