If your child was bit and harmed by a dog that you do not own, you have the right to file a personal injury lawsuit against the dog's owners. There is no set guide for how dog bite cases are handled via personal injury lawsuits; however, there are a few different general factors the judge and jury will take into consideration when determining what your award should be.
The Circumstances Surrounding Your Child's Dog Bite
One of the factors that is going to influence your award amount the most is the circumstances surrounding your child's dog bite. The judge and jury are going to want to know if you and your child had permission to be on the premise where the dogs were kept and if you or your child had been warned to be careful around the dogs, or if no warning was given.
You are more likely to be compensated for your child's injuries if the judge and jury emphasize with the situation your child was in. If your child entered someone's yard without permission, the judge and jury may sympathize more with the dog owners.
Make sure that your attorney accurately paints the entire picture of the situation when presenting your case, including if you and your child had permission to be where they were at and if any warnings were given to you and your child about the dog before the accident occurred.
The Injuries Your Child Sustained
The second major factor that will determine what type of compensation you and your child will receive for their injuries depends upon the actual injuries that your child received. If your child walked away with a small scratch that you treated with a bandage, you don't have a strong case for medical compensation.
On the other hand, if your child was bitten on the face, and required stitches and multiple follow up surgeries, you have a much stronger case for medical compensation for your child. If your child suffered serious injuries due to the attack and has ongoing medical bills, make sure that your attorney highlights that fact during trail. You want the judge and the jury to be aware of all the additional health costs you had to incur and may have to incur in the future due to this event.
In many states, there is no particular criteria for awarding damages in dog bite cases. It is up to your attorney to prove that the attack was unwarranted and to detail the extent of your child's injuries and expenses. Go here for additional reading.
Share14 July 2016
When I sued a product manufacturer after a disfiguring accident, I never expected to actually go to court. I assumed that the case would eventually be settled, like most personal injury cases are. To my surprise, they wouldn't budge, and we ended up having to go all the way to court. I was pretty nervous about testifying, but I had a great attorney that prepared me well, and everything went smoothly. In the end, the jury saw things my way. I realized that I probably wasn't the only person to ever experience an unexpected day in court, and that's how I got the idea to start this blog. If you're looking for tips to help you prepare or wondering what to expect when you go to court for a lawsuit, this blog contains important information for you.
