Each state has different laws governing dog bite cases, which can play a role in determining the settlement amount. These factors are essential to understand as they can significantly impact the outcome of a claim.
The extent of the injuries is usually one of the first things to consider. Still, several others can help your case, including both the physical injuries and any emotional trauma you may have suffered. Read on if you or a loved one have been recently bitten or injured by a dog and you think you might have a case.
The Presence of Negligence
Another factor that will affect the amount of your settlement is the presence of negligence. If the dog’s owner knew their dog was dangerous and failed to take steps to prevent it from attacking someone, they might be found negligent. They could be held responsible for any damages you suffer from the attack.
Also, there will be an investigation to check whether you were partly at fault for the attack. If you were invading the owner’s property or harassing the dog before it attacked, you might be found to be partially at fault. It could reduce the amount of your settlement or even eliminate it.
The Seriousness of the Injury
The severity of the injury is one of the most critical factors. Generally, the more serious the damage, the higher the settlement amount.
In addition to physical injuries, victims can also suffer emotional trauma, which can be just as devastating. After the accident, you may require extensive medical treatment and permanent scarring, including surgery, and may be unable to work for an extended time. All these factors contribute to the amount of damage you can recover.
The Owner’s Liability
The owner’s liability is the third factor that is looked at when determining the settlement amount for a dog bite attack.
In many cases, the dog owner can be held liable for the injuries the pet has caused. It means they could be responsible for paying for damages such as medical bills, lost wages, and pain and suffering.
Several factors can affect whether the owner is held liable, including whether or not the dog has a history of biting, whether or not the owner knew that the dog was aggressive, and whether or not the victim was trespassing on private property.
The Extent of Medical Costs
To arrive at a fair settlement amount, the insurance company will consider the extent of your medical costs. It includes the initial treatment and any future care you may require.
Since a dog bite attack can cause serious injuries, the insurance company will likely offer a higher settlement amount to avoid going to court. However, if you have extensive medical bills and expect a long recovery process, you may need to take your case to court to get the total amount you deserve.
Your insurance coverage
Having personal liability insurance will typically cover some or all of your damages from a dog bite incident. Your insurance company may also have a limit on how much they will pay out for a dog bite claim, so this will be taken into consideration when negotiating a settlement.
It is essential to check with your insurance agent or company to see if you have coverage for dog bites.
Concluding, many factors go into settling a dog bite injury. If you have been injured in a dog bite attack, you must speak with an experienced personal injury attorney here at FKMA Law to learn more about your legal options.