A study by the CDC found that nearly 4.7M dog bites … In a case where a two-year-old child had permanent facial scars and continued to be afraid, clingy, and sleepless after a dog mauling, a court found that it wasn’t excessive for the jury to award $50,000 for past and future pain and suffering (, As a rule, parents aren’t entitled to damages for their own pain and suffering because their child has been injured in a dog attack (, If there’s evidence that the victim will need more medical treatment in the future, the jury will probably consider an award for future pain and suffering. In … If it were handled by an experienced attorney, there would certainly be negotiation. If you have been bitten or attacked by a dog, it may be possible to make a compensation claim. Welcome, Robert and Kevin. Following are some cases to give you a better idea of how drastically these amounts can vary. And that number doesn’t include other kinds of injuries, like when a dog knocks someone over or causes an accident by chasing a motorcycle. The common legal rule is that if you hurt someone, you are responsible for all injuries that flow from your action, even if those injuries are made worse by some condition the victim already had. In a case that where a violent pit bull mauling left the victim with permanent nerve damage and scarring on his penis, a court refused to set aside the jury’s award of $300,000 for past pain and suffering, plus $700,000 for future pain and suffering. If you are claiming dog bite compensation, how much you will receive will probably be a major concern of yours. Britain is known as a nation of dog lovers. In fact, it is predicted that there are more than nine million dogs … There are states where a dog bite victim cannot, however, recover his full measure of damages. Often times, when we as attorneys are trying to resolve a claim with an insurance adjuster or an insurance defense attorney, and often times a jury, it’s a few years later after the incident and the scarring may look pretty good. The amount of money you could claim for your dog bite injury will depend on: the extent of your injury, and any financial losses or costs you have incurred. Kevin:  Robert talked about some of the different components of the damages and the injury, but from a practical perspective as far as legal strategy, I think the most compelling thing when we’re presenting a claim is having the insurance representative, and often times, the insurance defense attorney meet with the client and get a chance to physically inspect the scarring. If the injury will impair their ability to work in the future, they should also be compensated for that future income (referred to as a “loss in earning capacity”). The man continued to experience a wide range of problems, including sexual dysfunction, feelings of inadequacy, anxiety, flashbacks, and nightmares. § 174.02(1)(b)). In extreme cases, they may even develop post-traumatic stress disorder (PTSD). (, Children may experience more fear and trauma from dog bites more than adults. In 2018, State Farm paid $123 million dollars for 3,280 dog bite and injury claims. The most recent information that I have is from one insurance company. Average Case Value For Dog Bite Dog bites can be incredibly damaging both physically and emotionally to the victims who suffer from them. More general dog-bite statutes may also make the owner liable for multiple damages when a dog that has previously bitten someone does it again (see Wis. Stat. There’s no set schedule as to how to determine a value, so there are multiple ways to continue to negotiate and press forward. If a person is bitten by a dog, it may be possible for the injured victim to obtain thousands or even millions of dollars in damages. John Maher:  Hi, I’m John Maher, and today I’m here with Robert Mazow and Kevin McCullough, of the Law Firm of Mazow‑McCullough, a personal injury law firm, with offices in Massachusetts and New Hampshire. Massachusetts and New Hampshire Personal Injury Attorneys, 24 hours / 7 days a week | English | Español. 1 The compensation you can … They assess and evaluate risk, and assess and evaluate claims and injuries. Emotional distress can result from the physical pain and extensive medical procedures. John:  All right, great information. Ann. If someone who has suffered a dog bite or a dog attack and they’ve gone through the process on their own and they’ve gathered the medical information and submitted their claim to the insurance company, and they’re faced with what they believe to be a low settlement offer, they should certainly speak with an attorney, someone who’s experienced to review that with them. What legal strategies might you use to help a dog bite victim get the most compensation possible? It can also come from the trauma of the attack itself. Keeping a journal, perhaps, a photographic journal, would be critical, because like Kevin said, by the time it comes to a jury, it could be many, many years after the incident. In Queensland, dog laws are not as strict as in other states and owners will not automatically be liable for your injuries if either you or your dog receives a dog bite. Kevin:  Definitely. Various factors can influence how much a person is owed, as bite cases can differ from one another based on the severity of the dog bite injuries. We tend to work directly with the plastic surgeon that might have taken care of the victim, have discussions with them about the possibility of future scar revision, to make the scar look less drastic and dramatic. If you suffered “serious” injuries from your dog bite, you can pursue maximum compensation. Because maybe there is an explanation as to why the offer that was made was said to be fair and reasonable, or maybe things just weren’t presented to the insurance company in an effective way. Many times, it may require filing a lawsuit and going through the discovery process, and perhaps seeing, as Kevin said, if there was something that was not presented properly or could have been presented better to the insurance company. In 2014, the average dog bite settlement reached over $32,000, an increase caused by a number of factors. Robert and Kevin, thanks for speaking with me today. How much dog bite compensation can you receive for injury to other body parts? The amount of compensation you can receive for injury to other body parts depends primarily on on the part of … Robert:  Exactly. How much compensation for dog bite. Robert and Kevin have a great deal of experience as dog bite attorneys, and today we’re going to be talking about how to get the maximum compensation for a dog bite. Some lawyers use what’s called a “multiplier,” meaning that they multiply the total medical bills and lost earnings (usually by a factor from about 1.5 to 4) to arrive at an amount for pain and suffering. How much compensation can I claim for a dog bite/attack? Dog bite cases vary widely, though the average settlement amount is $26,000. In response to this, the UK government implemented new laws to ensure that dog … Jack Clark Updated 20/1/2021. Dog Bite Compensation Over recent years, dog bite-related injuries have become increasingly common. Those damages could include: Victims may see their total compensation reduced if they share some of the blame for their injuries, depending on the state, the legal theory supporting the lawsuit, and the individual circumstances. (See Beckett v. Warren, 921 N.E.2d 624 (Ohio 2010). I think that is perhaps the most critical point of maximizing compensation is that to make sure that if, in fact, the victim is going to have to go back in for multiple surgeries over the course of [several] years, that the compensation they get now for their injuries is going to have to make up for those future expenses that they’re going to have. $150,000 for a bite … It may still be there, but it looks better. So do lawyers and insurance companies when they’re negotiating a settlement. Call 0800 342 3206 today. Juries also tend to be more sympathetic toward child victims. They should be skeptical any time somebody’s making a claim for injury. ), Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Sometimes, judges will set aside a jury’s award as excessive if it's not reasonable under the circumstances. It could look a lot better, but the jury, the claim representative, or the defense attorney needs to understand what it was like looking in the mirror every time over those years, to see what this scar looks like. Disfigurement can lead to long-term psychological effects like loss of self-esteem, avoidance of social interactions, and depression. While there is no guarantee as to how much a given case may … The fall might not be serious for someone who’s younger and healthier, but it could lead to surgery in this situation because it exacerbated the victim’s back condition. Here are some factors that may affect how much a victim receives, either from a settlement with an insurance company or at trial: When victims have to take time off from work for medical diagnosis, treatment, or recuperation, they’re entitled to reimbursement for any lost income. John:  Sure. Dog bites can be amongst the most complicated when it comes down to personal injury and this is due to many reasons. For a free legal consultation, call (614) 538-1116 . The most obvious expenses resulting from dog-inflicted injuries are medical costs, including bills for doctors and hospital services, medication, physical therapy, and any necessary psychological treatment. We need those people to appreciate what the client went through during that first six months. Accidents happen, but when an animal is involved it can be hard to determine who is at fault and how much the injured person will receive in compensation. Punitive damages may not be allowed if the victim is suing the owner under a state’s “strict liability” dog-bite statute, because those laws make dog owners liable for bites regardless of the animals’ history or the owners’ carelessness. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Photographic evidence is great, but sometimes it doesn’t show the full extent of an injury. I don’t think that it’s in a victim’s best interest to be negotiating themselves, because it’s hard to be objective. Either the future expenses, or if there’s nothing that can be done to perhaps revise a scar that’s on somebody’s face, you need to know that because the person will be living with that for the rest of their lives, this is the time that they need to be compensated for that. John:  Is it also to show the jury perhaps that they did everything possible that they could have to resolve the situation? Dog bites can cost far more to treat than one would normally expect. Robert:  Absolutely. A successful dog bite liability claim can pay for medical bills, lost wages or earning capacity, pain and suffering, and other damages related to the dog bite. The attorney listings on this site are paid attorney advertising. If the plastic surgeon is either unavailable or unwilling to assist us and the client, we have the ability to retain plastic surgeons [or] experts to work with. How Compensation is Determined in Dog Bite Cases. An owner whose conduct was particularly reckless or outrageous—for example, repeatedly letting an vicious dog run loose—may be punished by having to pay an extra amount, over and above the amount needed to compensate the victim. In contrast, another court set aside an award of $200,000 for future pain and suffering to a dog-bite victim whose permanent injuries were limited to numbness in her cheek and a dry eye … Dog bite compensation amounts vary greatly depending on how severe the … These “punitive” or “exemplary” damages are meant to hurt financially and to send a strong message in order to prevent similar behavior in the future. We discuss with them the likelihood of permanent disability, whether or not, in a year or so, somebody’s hand will come back to full capacity. Dog bite compensation is particularly difficult to value because, as well as physical injury and pyschological injury, it often involves scarring. The first offer made by the insurance company is very rarely their best offer. That $100,000 will kick in to cover a dog bite settlement. Robert:  The healing process, right, I think that’s an important factor. The dog bite victim can help and assist by listening to the doctors, to make sure they do what they’re supposed to do, which can be cumbersome, taking care of a wound, changing the dressing, [and] doing what is necessary on their part. In some states, the information on this website may be considered a lawyer referral service. … What legal strategies might you use to help a dog bite victim get the most compensation possible? In fact, the average insurance claim for a dog bite in 2018 was $39,017. multiple or punitive damages, if the owner’s conduct was particularly outrageous. In fact, it can be difficult to prove that a dog … Victims may experience debilitating fear of dogs (which in turn can makes it hard to go outside), anxiety, shock, sleeplessness, depression, and other psychological symptoms. But if you’re in that position where you’ve gone through that process, and you’ve received what you believe to be a low settlement offer, you should definitely speak with an attorney and go over that and make a plan to move forward and try to maximize your recovery. The dog’s owner will be responsible for the actual medical bills, rather than what it would cost if the victim were healthy. Kevin: Like any case, compensation is based upon a variety of factors. When the pain and emotional problems are expected to continue, a victim may also get an award (or an amount in a settlement) for future pain and suffering. Still, the amounts that victims receive for pain and suffering vary tremendously. But as the court explained in. First and foremost, if scarring is involved, getting plastic surgeons involved is critical. This means that State Farm’s average payout for dog bite … Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Some people can also receive money for pain and suffering after a severe dog bite… But this is only a rough estimate, and it doesn’t apply in all cases. Kevin:  Like any case, compensation is based upon a variety of factors. The option would be to continue to negotiate. Contact our experienced dog bite lawyers at Tyroler Injury Law at (651) 259-1113. Victims of dog bites … In general, a dog bite victim would be entitled to be compensated for all of the medical expenses associated with the incident, starting with the initial medical treatment, and any required … Depending on the severity of a victim’s injuries, this can include pursuing compensation for non … Do Not Sell My Personal Information, 800,000 Americans get medical treatment for dog bites, when dog-bite victims are partly at fault, any property damage related to the incident, such as broken eyeglasses or a damaged motorcycle; and. John:  Is there an opportunity, in that case, to go back to the insurance company and say, “Hey, I think that’s really too low based on the situation,” and maybe make a counter proposal, or is it a matter of at that point you have to have an attorney and you’re going to be going to court or something? That includes whether or not they paid defense attorneys and whether or not there is an attorney representing the injured party. A few states have set limits on personal injury awards for non-economic damages like pain and suffering, but those limits are too high to affect most dog-bite cases. One factor is the rising costs of medical care. This will help communicate the amount of pain and suffering the bite has caused you, as well as show if the bite has left any permanent scarring, which will also deserve compensation. (See more on when dog-bite victims are partly at fault.). Depending on the circumstances and the relevant laws, dog owners are generally liable if their pets hurt someone. With all the pet dogs in U.S. households, it’s no surprise that more than 800,000 Americans get medical treatment for dog bites every year. It’s something that you wish weren’t true, but it is. And of course, if you want to get compensation for … … Robert:  I would always recommend, when you’re dealing with an insurance company, [that] it’s an adversarial relationship. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Many times we’re talking about facial scarring [and] nerve damage, depending upon how deep the bite or attack is. These things are influx. So you shouldn’t expect that you’ll receive that amount (or pay it, if you’re the dog owner). John:  What should a dog bite victim do if the insurance company offers a settlement that is lower than the actual damage, like medical bills, et cetera? These injuries can leave long-lasting trauma that. We’ll have the client evaluated, and we’ll get an opinion from the plastic surgeon to determine whether or not there’s permanency involved. Juries, as they should be, are critical. A dog bite is just one possible type of USAA insurance claim payout. It can be hard, but jurors do it all the time. The amount and type of settlement compensation will vary based on the severity of the dog bite injury in Richland County, South Carolina. [Also] keeping that information, retaining it, [and] taking photographic evidence throughout the healing process. You said it’s important to show that they went to the doctor, that they got advice, that they followed the doctor’s advice, and that’s to show that they did everything in their power to resolve it and get better? "Pain and Suffering" Compensation. How do you put a fair dollar amount on pain and suffering? It’s something that the insurance industry does. But the award for future pain and suffering should bear a reasonable relationship to the extent of the permanent physical damages. Under the “dangerous dog laws” in some states, cities, and counties, the owner of a dog that’s been declared dangerous or vicious may have to pay double or triple damages if the dog goes on to injure someone. John:  That maybe gets us into the next question which is, “Is there anything that a dog bite victim can do to help increase the amount of the settlement?”. How Much is the Average Dog Bite Settlement? That means the owners (or their insurance companies) may have to pay the victims for the harm they suffered (or “damages”). The following figures are real examples of jury-awarded verdicts and out-of-court settlements resulting from dog bite injuries. Filing a Workers’ Compensation Claim for a Dog Bite … John:  For more information on dog bite cases, or other personal injury cases, visit the firm’s website at helpinginjured.com, or call 855‑693‑9084, $30K Awarded for Injury on Public Transportation, $40K Awarded When Apartment Porch Collapsed, $290K Awarded in Motor Vehicle Collision Case, $1.75M Workplace Injury Settlement Awarded in Hull, MA, $1.2 M Awarded in Product Liability Settlement, $625K Due to the Negligent Care of a Nursing Home Resident, $600k Awarded in Product Liability Settlement, $535k Awarded in Medical Malpractice Settlement. We can help explain your legal rights if you have been the victim of a dog bite attack. The amount of compensation paid for a scar depends very much on the victim. Given the … There’s often pain associated with injuries from a dog bite or mauling—physical pain as well as mental or emotional suffering. She’s going to have it forever, so that is an important factor when it comes time to seeking compensation for these kinds of injuries. So if, as Kevin said, the person is not taking care of their scar, is not keeping it covered perhaps when they’re out in the sun, or not caring for it, a jury or a claim representative could be critical of that and say, “Hey, you’ve made this worse.” That would be a way to not maximize the recovery. You may need stitches or just have minor bruising. In 2010, a … For example, if the defendant is a governmental entity, the victim's recovery may be arbitrarily limited to $250,000.00. Some states also allow compensation for the impact on the relationship between a parent and child when one of them is injured. if caused by the fault of another party, may be relieved through monetary compensation. If the injuries had an impact on the relationship between dog-bite victims and their spouses, they may receive compensation for “loss of consortium,” which includes lost companionship or intimacy. The payout for your dog bite claim will depend on the nature of your injuries and the extent of your damages. If the injury aggravates a victim's pre-existing medical condition, the final tab may be much more than you might expect. For some people, paying an attorney to handle a dog bite liability case is cheaper in the long run, and an attorney tends to recover more money for you. With dog bites… At the start of your … It is along the lines of a strategy, but it really is within the presentment to have the insurance representative come out and meet with the client and take a look at the injury. Your case may have different results. With dog bites, in particular, many times we’re talking about permanent scarring, sometimes, unfortunately, loss of use of a body part. 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