Legal Question in Personal Injury in California

Re: I can't afford to fight suit, I need to fight and therfore need help

Tell you neighbor that you are not going to pay it. Wait till he sues. The subpoena the vet and his records.

Re: I can't afford to fight suit, I need to fight and therfore need help

It appears that your question is not whether you need help, but whether you can get help for little or no money. Try the Legal Aid Society in your community. If not, contact your local bar association for an attorney referral and discuss your financial limitations. It is not possible for an attorney to take a contingent fee in a defense case. You might discuss the possibity of pay, only if you prevail. It does sound as if you will prevail, if you are correct about the hammer. You should realized that the statement about using the hammer, may just be talk and not fact. In which case your dog may have caused some damage to your neighbor's dog. Scienter used to be absolutely required. It seems that the courts are not as strict with that requirement, it may be that the law has changed.

Re: I can't afford to fight suit, I need to fight and therfore need help

First, if you have homeowners, renters or condo liability ins, report the incident to your ins co.

asap. They will handle for you. If your neighbors dog is hurt, you are entitled to see an itemized vet bill plus the medical records and talk with the vet to determine the nature and cause of the injuries. If injuries caused by your dog, your ins would handle. If you have no ins, try to work out a settlement with your neighbor. If you don't, you could get sued. Also,

get a free consult with a PI atty in your area.

Re: I can't afford to fight suit, I need to fight and therfore need help

Thank you for your posting.

I am assuming that you are being sued in small claims court, which means that a lawyer is not allowed to appear with you, although you can seek advisement as you've been doing.

I would bring a letter from your vet to small claims court, and also any witnesses in your favor to testify as to what happened. It's not clear that you were negligent in any way, but if you failed to do something you should have to protect others, then the hammer might have been used in defense of the other dog, although it seems clear from your side of the story that this other person did the damage to their own dog.

The more proof you have, the better. You can also settle or mediate, but I believe that you do have some defenses here.

I hope that this information helps, but if you have other questions you need answered, or have other questions, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help in any way that I can, and I wish you best of luck.