Clients often ask me what are common dog bite settlement amounts or how much will I get in my dog bite case. They want to know how they will will recover after they pay the medical bills and attorneys fees. This question, as you can imagine, is a very complicated and brings up a number of issues like whether you have a permanent injury, what is the extent of the injury, how much insurance is there, and how did the incident happen.
California Dog Bite Law
Most of the time because dog attacks and dog bites are a strict liability meaning that the dog owner is liable no matter how carefully they guard or restrain their dog for a dog bite, the issue of how the dog bite or attack occurred is not always relevant. Here is an instruction the jury could get in your dog bite case.
Sometimes courts apply a doctrine called assumption of the risk where you knowingly put yourself into danger or an area, an incident where you might get bit like a veterinarian or a veterinarian assistant. See Nelson v. Hall, (1985) 165 Cal. App. 3d 709, 715.
How the law plays out in your case depends on the facts of your case. Click here for more information on California Dog Bite Law.
The difficulty in evaluating dog bite settlement amounts.
In one case we had, the client initially presented with a single bite wound. The urgent care used one stitch on the wound. At first the first client consultation, the case seemed to be fairly small and limited to a few doctor visits. However, as we followed the client’s progress, she ended up undergoing extensive psychotherapy because the dog attack was giving her nightmares. Her job required her to be outside in different neighborhoods and put her in contact with many dogs. Her anxiety was getting so bad that it was affecting her ability to do her job.
She also had a lingering shoulder pain from the dog attack that was progressively getting worse. During the dog attack she had used an arm to protect herself. It turns out she had a tear in that shoulder and it needed a surgical repair. This did not become apparent until months after the incident.
A case that initially looked like a minor injury ended up settling for in the middle six figures based on the injuries that were later revealed.
Be Patient in your Dog Bite Case
We often tell our clients to be patient because injuries can take time to manifest, whether they are emotional or hidden physical injuries. It’s important that you continue going to the doctor, getting evaluated, and telling the medical professionals about everything that you’re experiencing. The doctors need to know this to properly treat and diagnose your injuries.
How I determine Dog Bite Settlement Amounts
For further information on how I evaluate cases and how I determine them, click here. I’m also available for free consultation regarding your case and will discuss with you the estimated settlement value.