Filing claim in Small Claims court for damages from dog attack

[McChooky]

Sorry but they don't award extra for your pain and suffering so being emotionally distraught about it can actually hurt your case.To the court its like asking extra for a watch you were fond of for sentimental reasons. Rare Chickens will bring you more but they're still personal property to the court (livestock)

 

[SourRoses]

Sorry but they don't award extra for your pain and suffering

That's a bit broad.
Are they likely to award pain & suffering? No.
Has it happened before? Yes. Especially in cases where the counterclaimant does something to tick off the judge.
There's also a mathematical trap cases can fall into, where the judge is bound by their specific findings despite their overall view of the case. If a counterclaim is found valid it can subtract from damages awarded for the original claim. So in the official suit, you should ask for as much as you can, as that gives the judge some leeway.
They are well used to requests for pain & suffering, so it shouldn't subtract from the case as long as the amounts are not egregious.
The kind of emotion you want to avoid is that which would affect your behavior, to the other party before the case, and especially inside the courtroom.

 

[chicknmania]

Yeah, I would definitely try to rein it in a bit. Angry voice mail not good.
Expecting a response over the weekend is not something a judge is going to look at and say "Oh how dare they not pay up?". If they were going to comply, they wouldn't be able to draw hundreds of dollars from the bank on a weekend. Or they could possibly be off doing weekend stuff. You gave them 1 business day to respond and now you're leaving angry messages


I would be mad about the birds too. But when a judge may get involved, you have to choke that back or you will make mistakes and you will lose. The goal should be to win so the negligent dog owner learns they can't do this anymore. Don't forget to add on pain & suffering from the loss of beloved pets, the judge is not likely to grant it but it helps to increase the dollar value of your suit.

That is good advice and I will remember, I immediately thought that was stupid thing to do. But, the family member that I have been dealing with DID call back right away, and incredibly, now he wants his MIL, who was supposedly the one who let the dogs out, to have a conference call with us so she can "explain what happened and talk about our demands". OK...so now, they want me to rehash this all over again so we can strike some kind of deal??? What???? I am thinking to respond that I don't really want to go over all the vivid details again, but that if they insist on a discussion, that we will have the discussion in person (so that I can bring someone with me to witness and provide input,, and also so that we can record the conversation).

I didn't add on pain and suffering because I read in my research that it wouldn't be allowed, but I can always mention that today, that I didn't add it on, but I will if they keep on persisting in discussing it. Really, I want to try to just move forward.

Most of the damages I asked for were for the loss of my beautiful peahen. She was the best mama, and I had a connection with her...she trusted me completely. Although of course I suffered with the loss of them all. It will take years and a lot of work to get another pea, acclimate it to being here, get it to trust me. I don't really want to get another one, but my peababy needs a friend, he is so lonely...and the adult peas ignore him. And i can't catch him now to rehome him, so he's staying, at least until he grows up.

It is too bad not much credence is given to pain and suffering. I am still so terribly sad about the loss of my birds, it's like opening up a fresh wound every day I go out there to care for them. And pain and suffering should be due for the flock too. They are so jumpy now about potential predators.

I'll see if my lawyer has any other thoughts. It isn't his specialty, but he is aware of what's going on, so I'll see if he has any other recommendations, and share just as a matter of interest.

 

[chicknmania]

They cannot, but they can tell you exactly what forms.

Do you mind sharing the breakdown here?

I can share the breakdown, but I have to get ready for a meeting now, so it'll be later. I explained partly why in another response.

 

[McChooky]

That is good advice and I will remember, I immediately thought that was stupid thing to do. But, the family member that I have been dealing with DID call back right away, and incredibly, now he wants his MIL, who was supposedly the one who let the dogs out, to have a conference call with us so she can "explain what happened and talk about our demands". OK...so now, they want me to rehash this all over again so we can strike some kind of deal??? What???? I am thinking to respond that I don't really want to go over all the vivid details again, but that if they insist on a discussion, that we will have the discussion in person (so that I can bring someone with me to witness and provide input,, and also so that we can record the conversation).

I didn't add on pain and suffering because I read in my research that it wouldn't be allowed, but I can always mention that today, that I didn't add it on, but I will if they keep on persisting in discussing it. Really, I want to try to just move forward.

Most of the damages I asked for were for the loss of my beautiful peahen. She was the best mama, and I had a connection with her...she trusted me completely. Although of course I suffered with the loss of them all. It will take years and a lot of work to get another pea, acclimate it to being here, get it to trust me. I don't really want to get another one, but my peababy needs a friend, he is so lonely...and the adult peas ignore him. And i can't catch him now to rehome him, so he's staying, at least until he grows up.

It is too bad not much credence is given to pain and suffering. I am still so terribly sad about the loss of my birds, it's like opening up a fresh wound every day I go out there to care for them. And pain and suffering should be due for the flock too. They are so jumpy now about potential predators.

I'll see if my lawyer has any other thoughts. It isn't his specialty, but he is aware of what's going on, so I'll see if he has any other recommendations, and share just as a matter of interest.

The home owner is responsible for his dog(s) killing your chickens regardless who let the dog out because she was a guest (or lives there) Discussing the events of that day with the mil could lead to misunderstandings that could potentially hurt your case if it goes to court.I would only do it with the advise of an attorney

 

[MROO]

Has anyone done this? I wrote a detailed letter and itemized statement describing what I wanted in restitution, after my neighbor's dogs attacked our flock. They had offered to make restitution. My neighbors asked me to put the information in their mail box, and I told them i did so. That was on Thursday. Crickets chirping on their side...not a peep of acknowledgement, nothing. I thought my requests were reasonable. Now it appears i may have to file a claim in small claims court, but I've heard a lot of negative things that this doesn't really produce much. Can someone fill me in on what documentation the Court might need and what to expect? The animal control office here in our County is a joke...no help at all. I do have a Sheriff's report documenting the incident.

Especially for the peahen, get some written price quotes from PRIVATE BREEDERS as well as hatcheries. You are looking to replace the cost of hand-raised, "proven" breeding stock - as in, they had successfully hatched and raised new birds. That means a LOT in breeding circles and can significantly increase the value of your lost birds. If you showed your birds at all, any class placements also raise the price/cost of any animals, from chickens to dogs to cattle and on - any AKC dog breeder can show you that!

 

[MROO]

In my line of work I frequently have to produce documentation so I can write a pretty good letter. I thought it was excellent. I did give them til just today to pay (I delivered the letter on Thursday) but I fully expected them to respond at least by saying they received it, since I asked them to. If he had just acknowledged receipt and asked for some time, then I would have been OK with that. I probably should cool my jets a bit, as I just delivered a pretty heated voice mail to his voice mail when he didn't answer. But it was living hell going through what we went through. I just can't let it go that easily. The Clerk of Courts isn't allowed to give much in the way of legal advice, but they may offer some suggestions, I'll see.

Contact Legal Aid - it's not directly linked to the courts and is usually free.

 

[Brooks_]

Contact Legal Aid

Law school is another option if one is nearby.

 

[chicknmania]

I texted the person back that requested the phone "conference call" and said that I didn't see what there was to discuss, and that I would prefer not to keep rehashing the situation as it was painful for me. I told them to either submit their questions in writing or, if they insisted on talking, that I would bring someone and we could have a conference on their front porch. Shortly thereafter I got a text from my contact person, saying to expect a check from his mother in law (who is the culprit in letting the dog out) and asking me to text him to let him know I got it. They were going to drop it off here. So they dropped it in our neighbor's mailbox. It was for $800.00. There was a very rude letter from the mother in law, stating that it was "way over the market value of those chickens". (She didn't mention the peahen and since she never saw the chickens idk how she could declare herself an expert). It was a deliberate slight that she shorted me $47.00. She demanded that we close the case since I received the check. If the check clears, I'm gonna just let it go at this point. I pointed out again that I have the legal right to shoot the dogs if they appear on my property and threaten our flock. I did thank the contact person for his efforts. I will ask the bank to verify available funds for the check tomorrow. I'm relieved that we didn't have to go through court. The lawyer did mention today that if it did go to court, the judge would probably ask for an expert witness to verify the valuation. I know a few poultry experts and breeders who probably would be willing to provide a statement, but just more hassle.

 

[chicknmania]

They cannot, but they can tell you exactly what forms.

Do you mind sharing the breakdown here?

I asked for $250.00 for my IB peahen. I think that might have been low, but I was just trying to keep it simple. I looked at the top prices I could find for IB hens, and made her price somewhere in the middle. She was 10 years old (would've been 11 this year) very tame, trusting, friendly, intelligent, healthy, and a very good mother.

I asked for $280.00 representing loss of sale of her peachicks, over the next three years.

$35.00 for my 5 year old Silver Dorking hen, a rare breed. Good health, still laying consistently.

$15.00 for my 7 year old LBL hen. Good health, still laying consistently, a special pet.

$10.00 for my mixed breed gorgeous rooster; good breeding stock, loss of flock protection.

Loss of sale of eggs from the two hens, for next five months ($40.00)

Lost time from work for burial of birds, care of injured birds, materials, emotional downtime: $200.00 (in several people's opinion including my lawyer, i could have asked for more here).

Cost of chick feed for the care of the new birds, in the event I needed to buy chicks: $17.00.

I hope this helps someone if they need it. I think I did OK. Of course, I'd much rather have my birds back, than the money.

Thanks for the advice and support, everyone.