Dog bites are one of the more unique areas of the law. Legal cases surrounding animals are always more complicated than other kinds of injury-related cases, which is why you need to know and understand how your dog bite injury will be handled. Being prepared for the possible complexities of this kind of case can help you to be prepared for the process that will need to be followed during your case.

A dog bite settlement calculator is often used as the baseline for the settlement demand that you can make related to your dog bite incident. However, there are many variables that can impact the determination that your lawyer will make about the settlement to ask for. You should understand some of the details about how these determinations are made before you are surprised by how much, or how little, you can ask in return for your injuries.

Some Variables That Impact Settlements

1.     The One-Bite Rule

This rule is followed in most states. It is the rule that states that the owner cannot be liable if their dog has never bitten anyone before. If the dog has bitten someone in the past, however, liability will apply for your dog bite situation.

2.     Provocation and Trespassing

If you were on someone else’s property without permission and their dog bit you, this changes the scenario in a material way. You typically cannot make a claim or bring a lawsuit against someone if you were on their property without permission or if you were provoking the dog into being upset.

3.     Shared Fault

Shared fault applies in some states. At-fault states do not consider shared-fault determinations for claims on insurance policies or for settlements. If you are living in a state where fault can be shared, it might be determined that you and the party who owns the dog are each partially responsible for the incident.

4.     Owner Negligence Can be a Factor

Negligent behavior on the part of the owner of the dog, such as disobeying leash laws or egging the dog on to bite, you can also be part of the settlement process. If you feel that the owner of the dog incited the incident and you can prove it, your lawyer will work hard to secure you a settlement that is in accordance with this factor.

What to do if You Have Been Bitten by a Dog

1.     Document Everything

If you are able to do so, take pictures of the dog, your injuries, the place where the attack occurred, and the owner of the dog as well. If the owner is not responsive to providing contact information, you will want to call the police. The more evidence that you can gather about the incident, the better.

2.     Seek Medical Attention

Be sure that you get medical care for your injuries. Tell the ER that you were bitten by a dog and that the dog was not yours. They will document the case differently if they know that you might want to file a claim against insurance or open up a legal case related to the bite.

3.     Be Aware of State Law

State law has a lot to do with the time limits on filing claims or opening up lawsuits. Be sure that you are familiar with these timelines so that you don’t miss your chance to seek compensation and a settlement for your injuries.

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4.     Contact a Lawyer

You need to seek a legal professional to help you with your dog bite case. As mentioned before, this kind of case can be quite complex to sort out. The insurance company or companies involved in the case will be much more likely to offer you a favorable settlement if you have a lawyer working on your side.

You can usually recover the cost of medical bills, lost wages, the cost for therapy to recover from your injuries, and also things like modifications to your home if you won’t be able to return to your full mobility as a result of the injuries the dog caused.

You probably will not be able to sue for things like pain and suffering, or emotional distress. Disfigurement is also typically excluded from these cases. This is something that is governed by state law, and so are the settlement ceilings that you cannot pass through with your demands.

Your lawyer will work hard on your side to document your case and to push for the maximum settlement that you qualify for. You will need to provide them with the cost of your medical bills to date and let them know if you have lost wages and might also have to be trained for a new kind of work as a result of the injury you sustained.

Your lawyer will also want to know if the bite was painful and if you are still in pain. They might also ask you if you suffered disfigurement and if you are afraid of dogs now as a result of being bitten. All of these details are used to help calculate the base settlement that needs to be asked for related to your case.

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Working With a Skilled Legal Team Matters

When it comes time to seek help to secure the settlement that you deserve after a dog bite incident, you need to be sure that you work with an experienced legal team. You will be much more likely to win the settlement that you need to get back on your feet if you have experienced legal counsel working on your side.

Be sure that you understand the basics about the dog bite laws in your state and that you follow the steps above when handling the first steps of the process after your injury. You should never have to accept a settlement that doesn’t make you whole, and your lawyer will be able to make sure that you don’t have to.