how to get pain and suffering settlement from dog bite

Part 2 Part 2 of 4: Determining How Much to Pay

1. Work with your insurance company. If you have insurance that covers the dog bite, the insurance company will be the party to calculate and determine how much they are ...
2. Get copies of medical bills. A dog bite victim can receive compensation for any medical care needed to treat the injury.
3. Calculate economic losses. ...
4. Estimate pain and suffering. ...

More items...

Full Answer

Should I settle a dog bite lawsuit?

The expense and risk of a dog bite lawsuit provide both parties with reasons to consider settlement. The dog owner can avoid the chance that a jury might award an absurdly large judgment to the victim and the person who was bitten may need to receive compensation quickly in order to cover the costs of their medical treatment.

Is a dog bite painful?

There's often pain associated with injuries from a dog bite or mauling—physical pain as well as mental or emotional suffering. Emotional distress can result from the physical pain and extensive medical procedures.

Who is responsible for a dog bite injury?

The dog's owner will be responsible for the actual medical bills, rather than what it would cost if the victim were healthy. There's often pain associated with injuries from a dog bite or mauling—physical pain as well as mental or emotional suffering. Emotional distress can result from the physical pain and extensive medical procedures.

What happens to your body after a dog bite?

There’s often pain associated with injuries from a dog bite or mauling—physical pain as well as mental or emotional suffering. Emotional distress can result from the physical pain and extensive medical procedures. It can also come from the trauma of the attack itself.

How much money can you get from a dog biting you?

On average, dog bite settlements are worth somewhere in the neighborhood of $30,000 to $50,000. Expect to get a lower offer if the injuries you sustained from the attack are relatively minor. The dog owner may offer you that kind of settlement to get out of dealing with the legal process.

How long does it take to get money from a dog bite?

To answer generally how long it takes for negotiations to conclude and a claim to settle, it can take up to three months on average. Remember, this is just a general estimate, and you shouldn't expect your case to follow this same timeframe. It can take longer and even shorter than three months to receive compensation.

What is a Level 4 dog bite?

Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.

What happens when someone claims my dog bite them?

Attend to the bite victim: Help them wash the wound with warm soap and water thoroughly. Contact medical professionals on their behalf, and call an ambulance if needed. Even if the bite does not look very bad, they should still be seen by a medical professional because bites can turn serious quickly.

How do you write a demand letter for a dog bite?

Your demand letter should include:Statement of Facts: How the dog attack happened.Liability: Why the dog owner is liable for your injuries.Injuries: The kind of injuries you suffered and how they affected you.Damages: A list of the costs for all your damages.

What is the average settlement for a dog bite in California?

In 2021, California ranked first in the nation as having the most dog bite claims (at 2,026 claims) and the highest average dog bite settlement at $59,561 per claim. Last year, insurance companies paid out more than $120.7 million in dog bite claims in California alone, according to the Insurance Information Institute.

What does a Level 2 dog bite look like?

At a level two bite, a dog's teeth will make contact with a person's skin and leave some redness or light bruising but does not break the skin.

What does a Level 3 dog bite look like?

Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog's canine teeth. Maybe lacerations in a single direction, caused by victim pulling hand away, owner pulling dog away, or gravity (little dog jumps, bites and drops to floor).

Is a Level 2 dog bite serious?

Level 1 and 2 bites make up 99% or more of dog bite incidents. These dogs are most likely not seriously dangerous and the prognosis for their behavioral issues is good with proper treatment.

How many times can a dog bite before being put down?

How Many Times Can A Dog Bite Before Being Put Down. In order to be euthanized, the dog must have bitten people on two separate occasions or caused substantial physical injury after being trained to fight, attack or kill. Still, someone's dog will never be euthanized automatically.

Why do dogs get put down for biting?

It is possible that a dog can be put down for biting someone, but it won't happen in most cases. When a dog is put down, it's usually because there is a history of aggression including the dog having bitten in the past.

What happens if my dog bites someone in Ohio?

When it comes to dog bites, Ohio is a strict liability state. If you or a loved one is bitten by a dog anywhere in Ohio, the dog's owner, harborer, or keeper will be held liable for a dog bite and any injuries or damages caused by the dog.

What happens if my dog bites someone in Texas?

Texas Follows the "One Bite" Rule Unlike many states, Texas does not have a civil statute that specifically lays out a dog owner's civil liability for damages caused by their animal's behavior (i.e. bites and other injuries).

Can you sue someone for a dog bite in Texas?

In the state of Texas, there is no law that specifically covers the civil liability of dog owners after their animals bite someone; however, the Texas Supreme Court ruled in the 1974 case Marshall v. Ranne that Section 509 of the Restatement of Torts applies to these cases.

How much is a dog bite suit in Jamaica?

Fines ranging from $500,000 to $3 million or imprisonment from six months to 15 years, are being proposed as criminal penalties, where an individual is attacked by a dog.

What is the motivation for a dog bite case?

In a dog bite case, from the dog owner's perspective, this means the circumstances of the underlying incident look like they might satisfy the state's legal requirements for holding a dog owner liable for injuries.

Why is the defendant dog owner's motivation to settle important?

the importance of the injured claimant's losses (damages), and. other factors that can play an outsized role in the viability (and terms) of a dig bite injury settlement.

What happens if a jury sympathizes with the plaintiff?

If it looks like a jury is going to be more likely to sympathize with the plaintiff (and/or punish the defendant dog owner), a higher settlement becomes more likely.

Why is it important to find a personal injury lawyer?

This means the defendant (particularly an insurance company) will be more willing to hold fast at a low settlement offer knowing that the plaintiff's attorney would rather settle than actually conduct a trial. That's one reason it's so important to find a personal injury lawyer who is right for you and your case.

Can a dog be found at fault for a dog bite?

If the state has a "strict liability" dog bite statute, it may be relatively easy to assess whether the dog owner can be found at fault under that statute. If the state follows a "one bite" or negligence-based rule, or if the requirements for strict liability don't seem to be met in a strict lability state—things can get a little more complicated. ...

Where is a personal injury lawsuit filed?

Suit is typically filed in the county where the injury occurred, or where the defendant resides.

Can you predict pain and suffering?

Because every case and every jury is different, even the best analysis will still only predict pain and suffering damages within a broad range.

What are the damages for a dog bite?

The amount of damages is the most common sticking point in dog bite lawsuit settlements. There are two kinds of compensatory damages that are typically claimed by the plaintiff: 1 Special Damages are economic losses that are directly related to the dog bite and are quantifiable, such as the cost of stitches or surgery for the bite. 2 General Damages are claims for noneconomic injuries directly related to the dog bite such as pain and suffering, emotional distress, or disfigurement.

What is general damages?

General damages are more frequently disputed. There are many proposed systems for estimating the appropriate amount of general damages. Claims calculators and other damages estimates typically apply one or more multipliers to the amount of special damages arising from the dog bite, with higher multipliers applied where there are aggravating factors.

Can a dog bite lawsuit be settled?

A dog bite lawsuit settlement can help resolve a matter in a way that is fair and efficient to both parties, but if you haven't carefully considered all aspects of your claim it could result in an unfair outcome. Lawyers experienced in lawsuit settlements can draw upon their experience assessing claims and negotiating settlements. Contact a personal injury attorney to discuss your dog bite lawsuit and learn how they can help you reach a fair settlement.

How We Determine Pain and Suffering for Dog Bite

When working with an attorney, he or she will take into consideration several factors such as the following.

An Atlanta Dog Bite Attorney Can Help Secure a Fair Settlement

Calculating pain and suffering damages for a dog bite is a task best left to an experienced attorney. The Law Office of Jason R. Schultz, P.C. helps dog bite victims file their claims and fight for all of the damages they have incurred through the ordeal.

How to pay for a dog bite?

1. Draft a release of liability. If you choose to pay voluntarily for the dog bite, then you should get a release from future liability owing to the bite. Before paying, draft a “full and final release” and make sure that the victim signs it in front of a notary. You should have your lawyer draft it.

What happens if my dog bites someone?

If your dog bites someone, then you will have to compensate the victim for the bite. Ideally, you can handle the claim without going to court, perhaps by coming to an agreement between yourselves or attending mediation.

What to do before paying for dog bite?

Before paying, you should meet with a lawyer to discuss details related to paying the dog bite claim. Specifically, you want to discuss getting a release of liability from the victim. Without one, the victim could take your check and then turn around and sue you for even more money.

What is the release clause in a dog bite?

Write: “The Releasor does hereby for herself and her heirs, successors, and assigns release and forever discharge [insert your name] (the “Releasee”) and his heirs, successors, and assigns, from any and all actions, causes of actions, claims and demands, for any reason of any loss, injury, or damage to any person or property, which has been sustained in consequence of the dog bite [insert date and place] . The Releasor further agrees not to make any claim or continue any claim against the Releasee.”

How to find dog bite laws?

To find your state or local statute, you can visit your local law library, which should be in your courthouse. Ask the librarian to see the dog bite statute. You can also search for the statute on the Internet. Type your city and state into your favorite web browser.

What happens if you are reckless in handling your dog?

However, if you were reckless in handling of your dog, then a jury could award $20,000 in additional punitive damages. If the victim is eligible for punitive damages, then you very likely will be sued in court. A trial attorney could represent the victim on contingency and take 30-40% of the jury award as fees.

Why are pain and suffering damages higher?

For example, if the victim is a child, then pain and suffering damages could be higher because the child might develop a fear of dogs.