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05mommy09
Family of 5!
Member since 5/05 15364 total posts
Name:
<3 Mommy <3
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Legal guidance
Ok here is the scoop-
DH works for the Post Office, he was delivering mail about a month ago. In the town he works for all the mailboxes are on the house-
So he goes, places mail in the mail box- the home had a closed storm door, with a rotweiller inside... Sure enough the dog saw DH and ran through the door and attacked my DH...
The owner saw the whole thing- and apologized... but obviously had no control over his dog...
Dh had a very bad wound, which later on became infected....
He was out of work for 2 weeks (this was decided by the post offices DR.- my DH wouldve never went to the DR.) DH job covered his salary the 2 weeks he was out HOWEVER DH works over time daily and lost about 1400+ due to the fact they would not allow him to work..
All Dr. visits and meds were covered by the post office... so other than losing his reg. overtime pay- we didnt lose/spend anything...
My DH never reported the dog to authorities (although he had to let his employer know what house on the route it was) and had no intentions of suing anyone since we didnt lay out a dime....
DH has a nasty scar- but it is in a place that is really only visible when he has no shirt on...
Ok- fast forward to the weekend...
We get a certified letter in the mail- basically saying we have 3 options... We can obtain our own lawyer and sue the owner of the dog, We can allow the post office to apt. us one and sue together OR we can fail to comply and pay back the post office for its expenses...
Dh and I are clueless on what to do... but feel if we are going to be forced to sue and lay out money for a lawyer we would at least like to be reimbursed for the OT that is regularly offered to DH and he missed out on...
I know he contacted a lawyer who he reg. delivers mail to- but again- we are clueless... If anyone can explain wth we should do- or rec'd a good lawyer that would be great!
IMO- we should be more concerned with reporting the damn dog- had my DH been a child or a slender person- the injuries could have been much much much worse (maybe fatal for a child)
TIA
Message edited 7/12/2007 4:37:05 PM.
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Posted 7/12/07 4:34 PM  |
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SuzyQ
Mama to 3!?!?!?
Member since 7/06 8069 total posts
Name:
Susan
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Re: Legal guidance
I have no legal knowledge, but after reading your post, I would take option 2 - suing with the post office's lawyer. It sounds like they are making you sue no matter what and by using their lawyer you won't have to lay out your own $$$. Maybe DH can talk to the PO's lawyer about getting reimbursed for lost OT.
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| Posted 7/12/07 4:46 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: Legal guidance
I agree with the PP. It sounds like you will be out $ if you don't sue, but if the PO lawyer is free, that is probably the route I would go.
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| Posted 7/12/07 4:47 PM |
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codybear
Our Family is Complete!
Member since 11/06 2064 total posts
Name:
Christine
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Re: Legal guidance
Posted by SuzyQ
I have no legal knowledge, but after reading your post, I would take option 2 - suing with the post office's lawyer. It sounds like they are making you sue no matter what and by using their lawyer you won't have to lay out your own $$$. Maybe DH can talk to the PO's lawyer about getting reimbursed for lost OT.
agreed. Plus any lawyer you hire on your own might try to push you to go after the homeowner for pain and suffering, so they can cover their fee. Using the PO lawyer you should still be able to get your own claim for lost overtime wages included.
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| Posted 7/12/07 4:56 PM |
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CaseyGirl
Mommy to 3 Boys :)
Member since 5/05 19978 total posts
Name:
Jen - counting my blessings...
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Re: Legal guidance
I would take the PO lawyer - isn't this a worker's comp case? 
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| Posted 7/12/07 5:00 PM |
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Shorty
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Member since 5/05 30390 total posts
Name:
really
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Re: Legal guidance
Posted by CaseyGirl
I would take the PO lawyer - isn't this a worker's comp case?
Yes, def take the PO lawyer.
USPS comp company is Dept of Labor...let them appoint you an attorney.
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| Posted 7/12/07 5:08 PM |
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