California law provides extensive protection to those who are victims of a dog bite. Strict liability applies under California Civil Code section 3342, which means that the dog owner did not have to be negligent and the dog did not have to be vicious or have a history of biting in order for you to recover a settlement. Because the law is usually on the side of the dog bite victim, you need to think carefully before deciding to settle your dog bite injury case.
Settling a Dog Bite Injury Case
Most often, a dog’s owner will turn to their homeowners insurance policy when his dog bites someone. Dog bite cases account for approximately 1/3 of insurance claims, with an estimated annual cost of $356 million dollars as of 2007. This means you will be dealing with an insurance company in many dog bite cases.
Insurance companies will often offer to settle your damages instead of having the case go to trial and having a jury decide the damages to which you are entitled. Once you accept the settlement offered by an insurance company, you are no longer entitled to sue or recover additional damages. Therefore, you need to think carefully before deciding whether to settle your dog bite case or whether you want to go to court.
What is the Settlement Offer?
Whether or not you should settle your dog bite case depends heavily on the settlement offered to you? The average dog bite settlement as of 2007 was around $24,500 according to the Insurance Information Institute. However, in cases where severe injury has occurred as a result of a dog bite, damage awards have been as high as $1 million.
The settlement damages you are offered should be enough to compensate you for medical bills, lost wages, pain and suffering, any scarring you suffered, and any emotional distress you suffered from the incident. Only you can determine whether you feel that the settlement offer is fair or whether you are entitled to more.
Getting Help From A Lawyer Los Angeles
An experienced personal injury attorney who has handled dog bite cases can be an important source of information on whether a settlement is appropriate and on what your chances for recovery are if you take your case to a jury. Before agreeing to any settlement, you should consult with a professional who can help you weigh your options and ensure you are fairly compensated.
The Law Office of Arash Khorsandi will be happy to offer you a free consultation if you have been injured by a dog bite. Call our office at 1-877-702-7274
[...] We agree, but we’d also like to add a 5th piece of advice: contact a dog bite lawyer. [...]