It can be terrifying and terrible to be attacked by a dog in many different ways. The owner might present you with a dog bite settlement as compensation for such an attack. They can provide you with a chance to recover compensation without having to go through the court system.
So, how much money can you expect out from a dog bite settlement? But more significantly, isn’t filing a lawsuit better than accepting that settlement?
These are several of the challenging questions you will have to address in the wake of the dog attack. Continue reading this post by our knowledgeable Las Vegas dog bite attorney to determine what your appropriate response should be.
What Is the Average Worth of a Dog Bite Settlement?
Let’s jump right into the major subject. If you take compensation from the owner of the dog who bit you, the amount are you likely to receive?
Dog bite lawsuit settlements are often worth between $30,000 – $50,000.
If the attack left you with only minor injuries, be prepared to receive a smaller offer. The dog owner can make you an offer like that to avoid going through the legal system. If it implies they could put this experience behind them, they might decide that spending about $30,000 is worthwhile.
If you tell them that the amount that they are provided is insufficient, they might take the offer off the table. If both you and the personal injury attorney are bargaining with the opposing party, take that possibility into account.
What Are the Factors That Affect the Dog Bite Settlement Amount?
The owner’s willingness to grant you a sizeable settlement will be influenced by a number of factors. In this portion of the article, let’s go over a few of those crucial elements.
Visible dog bite injuries have a powerful impact on people. People may feel more sympathy for you after they see the extensive scarring on your legs and arms. If you have obvious injuries, your chances of recovering a significant amount of compensation dramatically rise.
You may approach that dog owner and legitimately assert that you deserve a sizable compensation given the seriousness of your injuries. You may pursue legal action if they disagree with your analysis of the facts. By taking that course, you might even get compensated more significantly in the end.
Several of the injuries that you received as a result of the dog bites might have been so serious as to leave you partially or completely incapacitated. That might be the case in the case of specific brain injuries. They may qualify as permanent injuries.
In those circumstances, you can pursue the dog owner in court with confidence that you’ve a good case. They must adequately recompense you for this, since they cannot ignore the impact of the attack.
They will probably need to make you a sizable settlement offer if they intend to avoid going to court, where the odds are not in their favor.
Effects of Your Injuries in the Long Run
The compensation offer you are given by the dog owner may also be influenced by the long-term consequences of such injuries you experienced.
Keep in mind that all those compensation packages often cover the medical costs the plaintiff will incur managing their injuries.
During your discussions with the dog owner, you and your attorney should bring up that point. Mention that you’re willing to go to court if they don’t want to factor in future medical costs while determining your settlement. When it pertains to your salary, do not let them shortchange you.
Responsibility You Bear for the Incident
They can bring up your participation in the attack during negotiations with the opposite party. They can claim that you mistreated or teased their dog. They can then assert that it was your actions that caused the dog to attack you in the first place.
The dog owner has a good reason for asserting that.
In order to be eligible for damages following a dog attack, plaintiffs must not have previously teased or mistreated the dog, according to Las Vegas law. Unless the dog owner could show that you were acting in a way that provoked their dog, you might not be entitled to compensation.
Even though they are merely making a hollow threat, it nevertheless has the potential to be powerful. You might doubt your choices, which might cause you to accept a settlement offer that doesn’t fully cover your expenses.
Nevada Following the Strict Liability Principle
The fact that Nevada applies the strict liability principle in dog bite cases is another factor that could affect the settlement offer that you may receive from the other party.
It’s a major deal that Nevada is a strict liability state. In the event strict liability is already in place, dog owners end up losing one important defense.
You see, owners can argue that they were not aware of their dog’s aggressive tendencies in states where the “one bite” rule for dog attacks is followed. They might be able to escape responsibility for the initial attack.
Strict liability doesn’t really take the owners’ opinions of their dogs into consideration. According to the law, a dog’s owner should be liable for any injury their pet causes. There is no difference in the conduct of the dog from how the owner initially saw it.
Why is this relevant to your settlement talks? You could, however, inform the dog owner if they’re out of options and will have to pay for your costs in some manner. They would either raise the settlement offer or even risk paying more by filing a lawsuit because the “one bite” rule isn’t there to provide them with any protection.
What Role Can Insurance Serve in Your Dog Bite Case?
There are other options besides settlement negotiations and court proceedings for handling dog bite cases. If the owner of the dog has insurance, a third choice might be available.
Let’s look over the various ways that insurance may rescue pet owners from precarious situations.
Protection Offered by Pet Liability Insurance
A dog owner can first purchase a liability insurance policy for their pet. People are shielded against the unpredictable behavior of their dogs through pet liability insurance. Having pet liability insurance may assist you in covering the victim’s costs if the dog attacks someone.
When compared to those other policies that provide coverage for dog bites, pet liability insurance is frequently more extensive. For instance, certain breeds of pets may not be covered by insurance policies. A lot of times, regardless of breed, all dogs are covered by pet liability plans.
Pet owners may find this kind of policy helpful, but some might also think it is unnecessary. You must determine whether a policy of this nature is appropriate for your dog.
Insurance Coverage for Homeowners or Renters
To protect yourself from having to make significant payments in the event that your dog attacks someone, you do not need to purchase a pet liability policy. Your homeowner’s insurance policy or renter’s insurance may already include the protection you require.
Additionally, the quantity of coverage you might obtain from those plans is not insignificant. The appropriate liability limits for both homeowners and renters insurance typically vary from $100,000 to $300,000, according to the Insurance Information Institute. That is a respectable amount of insurance coverage, and it might be adequate for your needs.
You shouldn’t, however, expect that your renters or homeowners’ insurance will include coverage for dog bites. Certain providers exclude dog bite insurance from their required coverage. In addition, you might have to pay more.
If you are looking for coverage under your renters or homeowners policy, the type of your dog can also be important. The breed of your dog could result in higher premiums from some insurance companies. Others can bluntly decline to provide coverage due to the breed of your pet.
How Insurance May Be Useful for Victims and the Pet Owner
Both parties may benefit from the existence of insurance for dog bite cases.
The existence of insurance provides the dog bite victim with a possibly simpler means of obtaining the necessary recompense. Due to the dog owner’s knowledge that they own insurance, they might not be coerced into going to court or engaging in protracted negotiations.
Ideally, the insurer is likewise eager to reach a rapid resolution so you can receive your money quickly.
The insurance shields the pet owner from having to make payments that they cannot afford. Dog bite victims can incur a lot of expenses, and pet owners often find themselves unable to cover them all. They can quickly provide the victim with compensation thanks to insurance.
Should You Continue Your Lawsuit or Should You Try to Reach a Settlement?
If a dog assaulted you recently, getting compensation is probably your top priority. If you don’t get the right compensation, you could have a lot of medical expenses that you can’t afford.
So how should you approach getting the money you require? Should you proceed to trial or try to reach a settlement with the owner?
Before you get to a final conclusion about that situation, take into account a few crucial factors. Here is a breakdown of those things.
Your Potential to Win the Case
Consider your possibilities of winning the lawsuit before determining whether to settle or file a lawsuit. You cannot stand to commit a mistake in this situation, therefore honestly assess the grounds of your case. Consult with the personal injury attorney about the situation as well to get their opinion.
Keep in mind that dog bite victims often have it better under Nevada law. It’s a major concern that the strict liability rule eliminates a popular defense for pet owners.
You can move through with a lawsuit with confidence if you think you have a good case and also the dog owner won’t budge from their low offer.
The Amount of Compensation You Receive
The amount of money you could get from the dog owner has been covered in this post. We have discussed how much you could get if you reach a settlement with the dog owner. We also discussed how much money you could receive from the dog owner’s insurance if you were to receive compensation.
You can have a strong idea of how much money you should get as compensation if you settle the case, if you keep those figures in mind. Of course, the opposing side may disagree with your evaluation.
You may justify pursuing the lawsuit if the sum they are giving is significantly less than what you believe you can be compensated.
Your Immediate Need for Compensation
How soon would you require compensation? Your final choice in this case may be impacted if the hospital has already been harassing you about making payments.
A swift settlement with the dog’s owner can make it possible for you to get paid. It might just take a few days for the dog owner to pay you the money after you agree on a price.
Suing them might further prolong the situation. It’s impossible to predict how long your case might take, especially if the opposing party fights you valiantly at every turn.
Sadly, but that is the truth, anything like this might influence your choice. Uncontrollable factors may occasionally make your decision for you.
Determine whether you are taking the appropriate action by working closely with your dog bite lawyer. Seek their advice as well, as they can guide you through this challenging scenario.
There are benefits and drawbacks to settling a dog bite claim. Hopefully, after considering all of those factors, you now know what has to be done.
Nevada Dog Bites: What to Expect
Dog bite laws in Nevada, where dog bites can lead to large financial losses. In order to recompense the dog bite victim for their losses, dog attacks are therefore assessed according to economic & non-economic damages, just like the majority of personal injury cases in Nevada (like vehicle accidents).
- Medical Bills. Medical bills cover the expenses for medical treatment for a personal injury. Surgery, lost wages from time away from work while you recover, medication, physical therapy, etc. are some examples. To submit a claim, include all medical information, doctor’s reports, as well as any relevant paperwork.
- Emotional Distress. If someone witnesses an injury or experiences any other kind of trauma, they may also experience emotional trauma. It comprises humiliation/embarrassment, anxiety, fear, and mental pain and suffering, among other things. For instance, a child who observes a friend being mauled by a dog may suffer emotional harm as a result of the encounter.
- Pain and Suffering. Dog bite victims may receive compensation regarding their own pain and suffering as a result of the incident. Depending on the particulars of every dog bite case, the amount varies. Some injuries are much more severe than others, and victims may be eligible for greater dog bite claims based on the severity of their injuries.
- Mental Pain. It is an additional kind of non-economic suffering. In such a dog bite case, mental pain is mostly determined by the jury’s or judge’s personal judgement, making it challenging to quantify. As in the case of a dog attack that results in significant emotional stress, depression, anxiety, etc. A dog bite victim may then be eligible to receive compensation for these losses and damages to their medical bills, records, and pain and suffering.
- Rehabilitation Costs. The victim’s legal bills and post-personal injury treatment are related to these increased expenses. Depending on the damage incurred during a dog attack, rehabilitation may involve anything from physical treatment to psychological counseling.
- Lost Wages. A victim or person might need to take a break from work due to his recovery once they are unable to work. In this case, the dog bite victim may be awarded compensation for any lost income or prospective future earnings.
- Property Damage. The victim might well be given compensation for their loss of any property damage caused by the dog bite incident, such as if a friend’s garment was ruined after being bitten by someone’s dog.
- Non-Insurance Covered Medical Expenses. The greatest medical expense liability claim is for dog bites, according to the Insurance Information Institute (III). This implies that some or all of the victim’s medical expenses, lost wages, etc., may not be covered by insurance. They may therefore receive additional dog bite payment on top of their usual compensation.
Consult with a Dog Bite Lawyer Following a Dog Bite
Whether you were injured by someone else’s dog or you were the dog’s owner, you should think about speaking with a dog bite personal injury lawyer to see how local laws relate to your case and the best course of action.
The Dog Bite King Law Group has experience representing people who have been bitten by dogs. We have assisted clients with receiving substantial settlements for their injuries, typically when they were brought on by the negligence of some other party.
For your dog bite injury claim, we will work very closely alongside you or any family member, inform you of the legal procedure, and secure the justice you are entitled to.
Through an attorney-client relationship, whatever private information you disclose to with our legal team remains private. Call us right away to arrange a free consultation at (702) 364-2483.