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Determining Compensation in Dog Bite Lawsuits
Every year, millions of people file dog bite lawsuits when they are bitten and seriously injured by dogs. Out of all the personal injury claims, those caused by animals are the most successful. Dog bite lawsuits are the most common and the victims usually receive compensation for their injuries. This is due to the laws in most states that hold owners strictly liable for any injuries or damage done by their pet.
Who Is Liable?
The majority of the states have passed dog bite statutes that hold the owner responsible for any injuries their dog inflicts. Dog owners may be held liable if their dog’s actions were the proximate cause of an injury. The dog does not necessarily need to actually bite someone for the owner to be found liable. For example, if a person was riding a bike or jogging and the dog scared or chased that person who then became injured as a result, the owner may be held responsible. If the dog is being kept by a third person, such as a kennel owner or dog walker at the time of the incident, the person tasked with watching the dog may also be held liable.
A dog owner cannot be held liable if someone is bitten while on their property illegally or are hurt by an animal while breaking the law. If the injured person deliberately provoked the animal, the owner is not responsible, unless the person is under a certain age.
How to Determine Compensation
Dog bite lawsuits are usually filed when the injuries are severe. Recovering from an attack often requires one or more surgeries to minimize or prevent serious scarring or disfigurement. These attacks often cause short or long-term trauma to the victim, especially when the victim is a child. You have the right to recover damages for:
- Medical expenses, including future medical expenses
- Loss of earnings
- Pain and suffering
- Psychological trauma
- Damages incurred to property
- Disfigurement due to scarring
Most of these damages may by easy to calculate, but the victim also has the right to seek compensation for other intangible harm. This may include the loss of enjoyment of life or inconvenience.
Damages for Wrongful Death
There are nearly 30 fatal dog attacks each year and the victim’s relatives may be able to file pursue wrongful death litigation. A wrongful death claim arises when an individual intentionally or through negligence caused the death of another person. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties to obtain monetary damages for their loss. Each state has its own laws regarding wrongful death. However, a defendant can be found liable if they acted in a willful, wanton, or reckless manner, such as knowingly letting a dangerous dog run loose. They may also be able to receive punitive damages, which are designed to punish the responsible party for their behavior.
How a Lawyer Can Help
Anyone injured by a dog has the legal right to pursue a claim against the owner and any other party who was responsible for the dog at the time of the incident. It is important to have a professional on your side to assist you in recovering damages. You should contact an experienced personal injury attorney who can help you obtain compensation for your injuries.
