Calculating Damages for Dog Bite Injury
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Victims of a dog bite injury should consult with a lawyer to determine, in the most accurate manner, what the appropriate amount of damages would be specific to their claims case. Specific to claims cases involving dog bite injuries, victims must first confirm they are legally entitled to collect damages. Dog bite laws vary by state and local area, and in certain instances, the ability of a dog bite victim to hold a dog owner liable for damages is mitigated or increased. Only consulting with a lawyer in the jurisdiction where to dog bite incident occurred can help victims determine their legal rights.
General Method of Calculating Dog Bite Injury Damages
Assuming a victim can hold a dog owner or other party legally liable for injuries, the following outlines generally how damages are calculated in dog bite injury claims:
- Special Damages: Special damages, otherwise known as economic damages, will include any financial losses incurred as the result of a dog bite injury. This may include cost of medical treatment, cost of rehabilitative care, and future expected costs of medical treatment and rehabilitation
- General Damages: General damages, otherwise known as non-economic damages, will include any damages sustained by a victim that are non-pecuniary. This will include pain, suffering, emotional distress, psychological trauma, and others. Specifically notable in the case of dog bite injuries are claims for disfigurement and damages to one’s mobility, which are included in general damage claims
- Lost Income/Wages: In addition to the aforementioned, victims suffering lost income due to physical inability to work or time lost as the result of seeking medical treatment can also recover compensation for lost income, both past, present, and expected future losses
- Punitive Damages: In rare cases, often involving intentional torts or cases of wanton recklessness or gross negligence, liable parties may also be held responsible for punitive damage claims
Liability Laws Concerning Dog Bites
Depending on the jurisdiction of a dog bite, a victim may be able to recover damages under one or multiple liability statues, which may include under dog bite statutes specific to a local area or state, one-bite statutes specific to a local area or state, or under pure negligence torts available in all states and jurisdictions. It should be noted that certain parties are exempted from recovering damages in dog bite cases, in certain instances. This holds especially true in cases where a victim is at fault for their own injuries, such as if a victim aggravated a dog intentionally, trespassed and was attacked, or was bitten in the course of performing their job, such as a veterinary or grooming capacity. Realistically, however, the only solid basis of information to make practical determinations of negligence and liability is with a lawyer.
Getting Legal Help with Dog Bite Injury Claims
Only an attorney can accurately advise victims on their personal legal rights following a specific dog bite incident. Consult with an attorney before attempting to recover compensation or otherwise negotiate with a potentially liable party.
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