Legal Question in Personal Injury in Oklahoma

Re: Neighbors 400lb Hogs cause injury to my horse on my property

Thank you for your question. Apparently what you described is a fairly recent event since you do not know if the injury to the horse is permanent or temporary. Under the circumstances, I think it would be adviseable to have the vet return to evaluate the injury to determine if it is permanent.If the injury is too recent to be evaluated for permanancy, then try to get a date when the vet believes that he could re-examine to determine permanancy. You should advise the insurance adjustor of your plans and keep the dialogue open with the adjustor since you should not settle until you know the full extent of the loss. I would caution you not to try to infulence or encourage the vet to render an opinion of permanancy just to enhance your damages. but instead let him know you just want an objective opinion. In this situation I dont see an advantage in going into small claims court without having exhausted settlement potentials. Small claims court for damages up to $2500 could be pursued if a settlement cannot be made. I do not know the value of the animal but I do not believe that you could recover more than the fair market value of the animal plus reasonable and necessary out of pocket expenses which would include the vet bills and if the animal was required to be put down, then the cost of removal and burial is an expense which you can recover. In any event I would not let this matter go unresolved longer than 6 months beyond the date of injury without further consultation with an attorney.