My son was bitten by a neighbors dog, can we file a claim for compensation for his medical costs?


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Question:

My son was bitten by a neighbors dog, can we file a claim for compensation for his medical costs?

Answer:

Dog bites can be quite catastrophic, incurring exorbitant medical costs. Children are the most vulnerable to serious dog attacks and annual losses arising from dog attacks equal approximately $1 billion. The basic underpinning of any personal injury case is that the victim should not bear the loss due to another's negligence. So, in this case, the dog's owner is definitely responsible for any expenses arising from your son's injury, including his medical costs.

Because of the likelihood of dog bites, most dog owners should carry homeowners or renters insurance that provides coverage for bites inflicted by pets, including dogs. Optimum homeowner's insurance coverage should have a limit of at least $100,000 for personal liability. This limit allows the dog's owner to provide adequate compensation for the most severe incidents caused by dog bites. A homeowner can also opt to purchase an umbrella policy that will provide coverage above the standard limits set by basic insurance.

Damages in a dog bite case can run very high. The victim is due not only actual damages, which are the economic losses such as medical costs, but other compensatory damages that may include pain and suffering. Compensatory damages are intended to make the victim "whole" again, which means not only the victim's physical welfare but his or her mental and emotional welfare also. Additionally, punitive damages can be sought if the attack occurred because of your neighbor's wanton disregard for the wellbeing of his neighbors. For example, if he knew or had reason to know that his dog was aggressive toward children and didn't take measures to keep the dog tied up or harnessed, then this disregard may be adjudged to be "wanton."

If your neighbor does not carry insurance or is uncooperative regarding covering damages, you should consult with an attorney to determine what legal recourse, including civil action, is available to you.

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