Negotiating a Dog Bite Settlement

Dog Bite Settlement Negotiation: Key Steps

You can negotiate a dog bite settlement without an attorney, particularly if your injuries are minor. This process involves understanding your legal rights, meticulously documenting all aspects of the incident, and engaging strategically with the dog owner's insurance company. However, for serious injuries, seeking legal counsel is strongly recommended to ensure the best possible outcome.

Key Takeaways

• Seeking immediate medical attention and reporting the incident to local authorities are critical initial steps.
• Thorough evidence collection, including photographs, medical records, and witness statements, is vital for a strong claim.
• Before entering negotiations, it is essential to understand the full value of your claim, encompassing both special (economic) and general (pain and suffering) damages.
• Exercise caution and strategic communication when speaking with insurance adjusters.

Immediate Actions After a Dog Bite

Seek Medical Attention Immediately

After a dog bite, your health and safety are the top priorities. Even if a bite appears minor, it is crucial to seek immediate medical attention. Dog bites can lead to serious infections, nerve damage, or other complications that may not be immediately apparent. According to personal injury attorney Charles R. Gueli, Esq., this is the first and most important step to take.

Report Bite to Local Authorities

Following medical attention, report the dog bite to local authorities. This typically includes animal control or the police department. Reporting creates an official record of the incident, which can be invaluable for your claim. This step also helps ensure public safety by documenting potentially dangerous animals.

Gathering Information & Evidence

Identify the Dog Owner

Obtain the dog owner's full name and contact information. This includes their address, phone number, and any relevant insurance details. This information is fundamental for initiating a claim.

Investigate Dog's History

Investigating the dog's history can significantly strengthen your case. If the dog has a record of aggression or prior bite incidents, this information can be used as evidence, as noted by Los Angeles dog bite injury lawyers. Local animal control agencies may have records of past incidents.

Collect Evidence

Comprehensive evidence collection is paramount for a successful negotiation. The more documentation you have, the stronger your position will be.

• Photos of injuries: Take clear photographs of your injuries immediately after the bite and continue to document their progression over time. Include images of the bite location, the dog (if safe to do so), and the scene where the incident occurred.
• Medical records, bills, receipts: Keep meticulous records of all medical treatment. This includes emergency room visits, doctor appointments, prescriptions, physical therapy, and any other related expenses. These documents serve as proof of your "special damages."
• Witness statements and contact information: If anyone witnessed the dog bite, obtain their names and contact information. Written statements from witnesses can provide independent verification of the incident.
• Proof of lost wages: If your injuries caused you to miss work, gather pay stubs, employment verification, and statements from your employer detailing your lost income.
• Journal of pain, suffering, emotional impact: Maintain a detailed journal documenting your physical pain, emotional distress, and how the injuries have impacted your daily life. This helps substantiate your "general damages."

Understanding Your Claim's Value

Knowing what your claim is worth is a critical step before entering negotiations. Your claim will generally consist of two categories of damages: special damages and general damages.

Special Damages (Economic Costs)

Special damages are the quantifiable "hard costs" associated with your dog bite injury. These are expenses that can be measured with bills, statements, and receipts, according to Charles R. Gueli, Esq.

• Medical bills: This includes all past medical expenses for treatment, as well as estimates for any future medical care, such as follow-up appointments, surgeries, or long-term therapy.
• Lost wages: Document any income you lost due to your inability to work because of the injury. This can include past lost wages and projections for future lost earning capacity if your injury is long-term.
• Out-of-pocket expenses: Keep track of all other related expenses, such as transportation costs to medical appointments, prescription medications, bandages, and any other supplies needed for recovery.

General Damages (Pain & Suffering)

General damages, also known as "pain and suffering," are more subjective and harder to quantify. There is no objective measurement for these non-economic losses, as noted by Gueli.

• Physical pain: This encompasses the actual physical discomfort and suffering you endure from the bite.
• Emotional trauma: Dog bites can leave significant emotional scars. Victims may experience Post-Traumatic Stress Disorder (PTSD), anxiety, depression, and a persistent fear of dogs, according to Los Angeles dog bite injury lawyers.
• Disfigurement, scarring: If the bite results in permanent scarring or disfigurement, this is a significant component of general damages.
• Loss of enjoyment of life: This refers to the impact the injury has on your ability to participate in activities you once enjoyed, affecting your overall quality of life.

Dunbar Bite Scale (for context, not direct negotiation)

While not directly used in settlement negotiations, the Dunbar Bite Scale provides a standardized way to classify the severity of dog bites. This scale can offer context regarding the potential seriousness of your injuries and the associated trauma. Schmidt & Clark, LLP outlines the six levels:

• Level 1: Aggressive but no skin contact: The dog shows aggression (growling, snapping) but does not break the skin.
• Level 2: Teeth make contact, but do not break the skin: The dog's teeth touch the skin, possibly leaving a mark, but no puncture occurs.
• Level 3: A single bite with shallow wounds: The teeth break the skin, leaving bloody marks. This is considered a severe injury requiring immediate medical attention.
• Level 4: A single bite with deep wounds: This involves one to four perforations deeper than half the length of the dog’s tooth.
• Level 5: Multiple bites with deep wounds: Similar to Level 4, but with multiple deep bites. Dogs responsible for Level 5 bites are often considered dangerous.
• Level 6: Death of victim and/or flesh consumed: The most severe level, where the attack results in the victim's death or consumption of flesh. Dogs committing Level 6 bites are deemed unsafe around humans or other animals.

Negotiation Strategy

Approaching negotiations with a clear strategy is crucial for a favorable outcome. This involves understanding legal frameworks, careful communication, and a realistic expectation of the process.

Know Local Dog Bite Laws

Dog bite laws vary significantly by state and even by municipality. It's important to understand the specific laws in your area. Some states operate under a "strict liability" rule, meaning dog owners are held responsible for bites regardless of whether they knew their dog had a history of aggression. Other states follow a "one-bite rule," where owners are only liable if they knew or should have known their dog had a propensity for aggression. Knowing these laws will inform your negotiation strategy.

Communicate with Insurance Adjusters

The insurance adjuster represents the dog owner's insurance company, and their goal is to settle the claim for the lowest possible amount. Your interactions with them should be strategic.

• Be calm and factual: Present the facts of the incident clearly and without emotional outbursts. Stick to the documented evidence.
• Do not admit fault or minimize your injuries: Avoid any statements that could be interpreted as admitting fault or downplaying the severity of your injuries. Even casual remarks can be used against you.
• Do not give recorded statements without legal advice: Insurance adjusters may ask for a recorded statement. It is generally advisable to decline this request until you have consulted with an attorney, as anything you say can be used to undermine your claim.
• Emphasize you did nothing wrong to provoke the dog: Clearly state that you did not provoke the dog in any way. This is particularly important in "one-bite rule" states.

Present Your Demand

Once you have a clear understanding of your special and general damages, present a formal demand to the insurance company. This demand should clearly outline all your damages and the total settlement amount you are seeking. Be prepared to justify each component of your claim with the evidence you have collected.

Be Prepared for Counter-Offers

The insurance company will almost certainly respond with a counter-offer, which will likely be lower than your initial demand. This is a normal part of the negotiation process. Do not be discouraged. Evaluate their offer against your calculated claim value and be ready to present a reasoned counter-offer of your own.

Don't Take Negotiations Personally

Negotiations can be frustrating, but it's important to remain objective and not take the process personally. The adjuster is doing their job, and emotional responses can hinder your ability to negotiate effectively. As Charles R. Gueli, Esq. advises, "Don't Take It Personally."

Consider a Lawyer for Serious Injuries or Stalled Negotiations

While minor injury claims can often be settled without an attorney, serious injuries or situations where negotiations stall warrant legal assistance. A skilled personal injury lawyer can navigate complex legal issues, negotiate more effectively, and fight for the best possible outcome, especially if the victim is a child, according to Gueli.

Common Dog Bite Injuries

Dog bites can result in a wide array of injuries, some of which are more severe than commonly perceived. These injuries can have both immediate and long-term physical and emotional consequences.

Lacerations and Puncture Wounds

These are the most common types of dog bite injuries. They can range from minor cuts that require basic first aid to deep wounds needing stitches or even surgery. In severe cases, dog bites can cause avulsions, where tissue is torn away from the body, as highlighted by Los Angeles dog bite injury lawyers.

Infections

Dog bites carry a high risk of infection due to bacteria present in a dog's mouth. Common complications include tetanus, rabies, and sepsis, which can be life-threatening if not treated promptly. Any break in the skin from a dog bite should be thoroughly cleaned and monitored for signs of infection.

Broken Bones and Fractures

A powerful dog can exert significant force, leading to broken bones, particularly in vulnerable individuals like children and the elderly. Common areas for fractures include arms, wrists, hands, legs, ankles, and even facial bones.

Nerve Damage

Bites to sensitive areas such as the face, hands, or feet can result in nerve damage. This can manifest as numbness, tingling sensations, or a partial or complete loss of function in the affected area. In some severe cases, nerve damage can be permanent.

Head and Neck Injuries

These injuries are particularly dangerous, especially for children. Bites to the head and neck can lead to concussions, skull fractures, and in the most severe instances, brain damage.

Eye Injuries

Dog attacks can cause various eye injuries, including corneal abrasions (scratches on the eye's surface), retinal detachment, and even permanent blindness.

Emotional Trauma

Beyond the physical wounds, dog bites often leave lasting emotional scars. Many victims experience Post-Traumatic Stress Disorder (PTSD), anxiety, depression, and a persistent fear of dogs, which can significantly impact their daily lives and mental well-being for years after the incident.