The Nuts and Bolts of a Dog Bite Case
Most dog bite victims can expect a substantial settlement. In 2023, homeowners’ insurance companies paid over $1 billion to resolve dog bite claims. However, as outlined below, a favorable personal injury settlement is a process, not a result. Although some personal injury cases settle early, most go through almost the entire process.
As outlined below, the best evidence in a dog bite case usually isn’t available at the beginning of a case. So, if a San Marcos personal injury lawyer settles a dog bite case too early, maximum compensation may be unavailable, since the best evidence is unavailable. If a lawyer looks for a quick settlement or an easy way out, that settlement might not fully compensate the victim for things like future medical expenses. If that’s the case, the victim will be financially responsible for these costs, at least in most cases.
Pre-Filing Activities
The first order of business in a dog bite or other personal injury case is usually arranging for proper medical treatment.
Dog bites cause severe physical and emotional damages which are difficult to diagnose and treat. Emergency room and general practice doctors often aren’t fully qualified to address all these needs. A San Marcos personal injury lawyer connects victims with doctors who focus on such injuries. As a bonus, these doctors usually charge nothing upfront for their professional services.
Evidence collection is another vital pre-filing activity. This evidence usually includes medical records, the official incident report, if any, witness statements, if any, and the attacking animal’s background.
Based on the available evidence, as well as some other factors, an attorney then chooses the strongest possible legal foundation for the case.
- Strict Liability: Under California law, owners are liable for animal attack injuries whether or not they knew the animal was potentially violent. These cases are the easiest ones to prove, but the law is so broad that it offends many pet owner jurors.
- Scienter (Knowledge): Also known as the one-bite rule, scienter applies if the owner knew the dog was dangerous and didn’t take appropriate steps to control it. Even pet owner jurors often award maximum compensation in scienter cases.
- Negligence: Ordinary negligence is a lack of care. Teachers who allow children to play near strange dogs are negligent. Negligence per se is a violation of a leash law, fence law, or other safety law which substantially causes injury.
Several insurance company defenses are available in these cases, most notably provocation. In civil court, provoking an animal is an intentional and usually physical act that’s more like torturing the animal.
Settling a Dog Bite Case
Informal settlement negotiations usually begin shortly before an attorney files legal paperwork. If liability, damages, and other central issues are uncontested, the insurance company must settle the claim almost immediately. However, as outlined above, liability and damages are very complex issues in these cases.
Therefore, most dog bite claims settle during mediation. A professional mediator meets with both sides and ensures that they negotiate in good faith. Mostly because of this requirement, about 90 percent of civil cases settle during mediation.
Connect With a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
iii.org/press-release/triple-i-dog-related-injury-claim-payouts-hit-112-billion-in-2023-040824
