DRS Law recently settled a dog bite personal injury case for $160,000.
While watering plants in her front yard, our client was attacked by a neighbor’s Pit Bull. The dog had a history of viciousness and was “running at large” in violation of Tennessee’s strict liability dog bite laws.
Our client sustained deep lacerations to her legs that required stitches. And, as is common in dog bite cases, the wounds later became infected. With extensive medical bills for numerous wound care visits, she called on the experienced dog bite lawyers at DRS Law for help.
Our team submitted a thorough settlement demand to the dog owner’s insurance company and successfully settled her dog bite injury case for $160,000.
What factors affect the settlement value of a dog bite injury case?
1. Your Dog Bite Injuries.
The primary factor in determining the value of your dog bite case will be the severity of your injuries. Did you need medical care after the incident? How long did it take for you to heal? Are your injuries permanent? Do you have scarring or disfigurement? These are the kinds of questions that will affect the value of your case.
Common injuries from dog attacks include:
Cuts and lacerations from biting and/or nipping;
Broken bones, muscle strains, concussions, and bruising from falls caused by an attacking dog;
Emotional distress;
Loss of life, giving rise to a wrongful death claim;
2. The Laws of Your State.
The laws of your state will also influence the value of your case. The main legal issues are: 1) what is the legal standard for holding dog owners accountable; and 2) what happens if the victim is partially at fault?
Each state has its own dog bite laws on these issues, but the state where the incident occurred will likely control. In general, your state will either use a strict liability or negligence standard to hold dog owners responsible.
Tennessee has a strict liability statute that holds owners accountable for injuries caused by their dog, even if the owner was not at fault. Other states require proof that the owners were aware of the dog’s propensity for violence.
In some cases, the victim may be partially at fault for the attack. In Tennessee, dog bite verdicts are reduced by the victim’s percentage of fault. However, victims are barred from recovering anything if they are more than half at fault. Thus, if there is evidence that the victim provoked the dog in some way, it may reduce the value of a potential settlement.
Will I have to go to court to settle my dog bite injury case?
Homeowner’s and renter’s insurance policies often provide liability coverage for bodily injury claims arising from a dog attack. But, not all dog owners have these types of insurance coverage. If the dog owner does not have insurance coverage, the victim’s only recourse is to go after the personal assets of the owner. This is a difficult process as many dog owners who lack insurance also have very few assets.
Where there is available insurance, however, dog bite injury cases typically settle without going to a trial. These kinds of settlements can happen early on, before a lawsuit is filed – known as a “pre-suit settlement” – or when the parties are “in litigation.” In other words, a settlement can happen any time between the bite and a jury trial.
The knowledgable dog bite lawyers at DRS Law will immediately begin investigating your dog bite case by obtaining any incident reports, photographs, medical records, and any other important documents. We will then present this information to the insurance company in a comprehensive settlement demand. We have settled many personal injury cases involving dog bites without ever going to court.
