Settlement Meeting 3/17 *update*

[K9karen]

Hey..

I'm putting this on Dog Gen..since it's related to my April '06 accident.

I'm probably not suppose to say anything just yet, but my case is finally heading for a settlement meeting on St. Patty's Day at 930a. I'm hoping that it's an omen for a good result and that I can forgo a jury trial.

If you have time, please keep your fingers crossed for me that I get what I deserve. I'm so nervous and sick to my stomach.

[chocolatepuppy]

Fingers and paws crossed here for you Karen. :)

[ChrisH]

Fingers http://img.photobucket.com/albums/v11/CwmmawrJet/Smiles/8a63548a.gif & paws crossed, Good Luck wishes, positive thoughts along with prayers http://img.photobucket.com/albums/v11/CwmmawrJet/Smiles/e3c7c46d.gif are all winging their way across the pond for you right now.

[Cinder & Smoke]

;)

Don't be nerbus ... all the GOOD Guys are *rootin* fur ya!

And we're all thinkin *PAWsitive*, too!

:D
{{{Hugs}}}

[moosmom]

FINALLY!!! Hang strong, Karen. We're all rooting for you and you will be in our thoughts and prayers. I've also lit a candle for you!!

[4 Dog Mother]

Postive thoughts and prayers coming your way!!!

[Karen]

Prayers being sent your way still.

[beeniesmom]

Hoping everything went well.

[Moesha]

How did it go?

[ramanth]

Hope it went well!!! :love:

[Daisy and Delilah]

Sorry I'm just seeing this, Karen. My thoughts and prayers are going out to you. I sure hope everything went well. It's been a long, hard, road for you. {{{{{HUGS}}}}}

[K9karen]

My lawyer and the defense lawyer went in and out together, as well as individually to see the judge about 5x. I met the judge once so he could examine my wrist.

The judge said it'd be hard to get loss of income since I was on SSD during the accident. And just because I planned on going back to work in Sept of '06, it's my word against what a jury could think about people taking advantage of Disability. Plus, since my life is now an open book, I have quite a few new surgeries in my future, with no promise I'll ever work again. OK, I get that.

So with that scenario almost out of the suit, I'd get pain and suffering and then some other money. The judge said an amount in a range, far less than we expected. I'd still have to pay the lawyer 30% and pay back my medical bills.

If I go to jury, it'll be in 8 months -one year. It's a toss how the jury will react. They tend to hate animal attacks, but, it's still like *Deal or No Deal*. I can accept what the judge/defense attorney offer or take my chances that I may even get less with a jury. Or more, but it's a chance I take. If it's lousy weather or I get 12 dorks who want to go home and not spend a few days making little money, I may lose a lot. Or win more. Plus, if my surgeon takes the stand, we have to pay him at least $5000. So costs add up, regardless.

It's so stressful. I feel like I'm the victim again. The judge totally says that it's an injustice not to feel safe and secure in your own backyard. Although, as I thought, the dog that attacked me died around Christmas. The youngest dog, who came under the fence also, but didn't touch me, is still there and not a problem.

So, I'll make a life changing decision once I decide what to do. I need to get more of a definite monetary figure, The defense attorney can appeal of course. If I go to court I can't appeal the ruling.

So, once again, I feel defeated. Any opinions? Should I gamble with a jury? I don't want the defense to think they wore me down after 3 years. I know my lawyer wants his share. He deserves it. He's been ready to go for a while and worked hard. We have 5 witnesses ready to testify.

ARGH!

I should have called the media the day it happened. I should have made a huge fuss about it. Yeah, I know, wudda, shudda, cudda.

[Cinder & Smoke]

Sounds like 'da judge' isn't as impartial as he should be. :(




The judge said it'd be hard to get loss of income since I was on SSD during the accident.

... I'd get pain and suffering and then some other money.
The judge said an amount in a range, far less than we expected.
I'd still have to pay the lawyer 30% and pay back my medical bills.

It's a toss how the jury will react.
I can accept what the judge/defense attorney offer or
take my chances that I may even get less with a jury.

I need to get more of a definite monetary figure ...

Should I gamble with a jury?
I don't want the defense to think they wore me down after 3 years.


First - an important question:
Does the defendant have the means and ability to PAY a large award or settlement?
Is he (and will he remain) gainfully employed, and
does he have a large enough Insurance Policy (and does the Insurance Company
admit fault and accept liabillity for the damages)?

Fighting for and earning a large settlement is hardly worth it if there's no hope
of ever collecting the amount owed to you.

There are three ways to seek justice:
1) Non-jury trial where the Judge hears the facts and decides the outcome.
2) Jury trial where 12 strangers decide the outcome.
3) A SETTLEMENT between you and the defense and the insurance company.

Have you attempted to reach a Setttlement with the defense and his insurance company?
They will be willing to offer a settlement if the insurance company feels your case
has merit AND a jury would be inclined to award a high-dollar damage or penalty amount.

Make 'a deal' with your atttorney ...
Ask him to arrange a Settlement with the defense and accept a 25% Fee;
then let him negotiate a reduction in the medical charges -
with him keeping 50% of whatever amount he can reduce the bills by.

Good Luck!
;)

[Daisy and Delilah]

I can understand why you feel like a victim again. I was hoping it would be cut and dried and completely in your favor all the way. I'm sorry that it isn't like that.

I agree with Phred in saying that the judge doesn't sound impartial enough. Maybe he was having a bad day?? Outcomes can depend on moods that people are in at the time of decision. Not always fair but true. It's good that you mentioned that. It's something to think about.

I have no advice. I just want to send thoughts and prayers out to you. {{{{{HUGS}}}}}

Good questions, Phred.

[moosmom]

You got good advice from Phred. If the defense attorney appeals the decision, it'll be tied up in court for years.

This system sucks. It protects the criminals while the victims are made out to be the bad guys.

It's a crap shoot, unfortunately.

One question...was any Discovery filed?? Was there a deposition where the neighbor was questioned under oath?

If not, it seems like this case is in the early stages. I'll call you tonight so we can talk, okay??

Hang in there girl. You're in my thoughts and prayers as always.

[K9karen]

The meeting was between the defense/prosecuting attorneys and the judge to try to avoid a jury trial.

It's my decision if I want to try to negotiate a settlement or go to a jury. I'm still mulling it over before I call my lawyer.

The lesser amount is due to the fact the judge is wary if I can get any money for loss of income. The defense attorney doesn't get the seriousness of my injury, with or without the loss of income. It's all due to the fact I have had serious back surgery, need more and need 2 hip replacements. Nothing is a secret, and they dwelve into everything.

I have an amount in mind, which, after paying the lawyer and my medical bills back, may be suitable. But it's not near what we are trying for.

I've spoken to so many people who've opted for a jury and got nothing due to technicalities or got less than they were offered. I like slot machines, but not gambling with my future. I slept all day, I was so sick yesterday.

[Karen]

We will keep you in our prayers, and support you with all the well wishes, and wishes for justice and discernment.

[cyber-sibes]

:( This is so unfair you have to go through this. Don't have any advice, but will keep sending prayers. Do you have a spiritual advisor you can talk it over with too, before you make a decision?

[pitc9]

How sad.... that you're still going through all of this .... :(

I don't have a clue what I would do if I were you. I'm sorry I'm no help Karen.
All I have to offer are {{{hugs}}}