QUESTION
What are our legal rights on a pain and suffering settlement?
Asked on Jan 20th, 2014 on Personal Injury - Alabama
More details to this question:
My daughter (14 years old), son (12 yrs old) and I were jogging around our block. We passed a dog that is always outside behind its electric fence. When my daughter jogged by the dog, the dog ran out of its yard and bit her thigh and ran back in its yard. I was a few feet behind but it did not touch me maybe because I was yelling for it to get away. My son was behind us and I told him to stop running and walk very slowly and stiffly toward us which he did but the dog still darted out and tried to bite him; my son ran away while simultaneously kicking at the dog so my son was not bit. I took my daughter to the hospital; the site was washed clean and she is on antibiotics; the dog did bite through her sweatpants and there are visible teeth marks on her thigh; she did bleed a little. We do not know if the dog has ever done this before; the dog is now being watched by Animal Control for its behavior. The dog owner’s homeowner’s insurance company called us this morning and one of the things he mentioned was a settlement for my daughters' pain and suffering. My question is: is there a minimum amount insurance companies are liable to pay or is there a minimum we should request? Any help would be appreciated. Thank you very much.
11 ANSWERS
Ronald A. Steinberg
Most communities have a "leash law" that requires dogs to be kept on leashes. Leashed or not, the owner is responsible for an unprovoked attack. If you were on the public sidewalk and the dog attacked you, you have a claim. Make a police report in case the dog has a history of doing that.
Answered on Feb 05th, 2014 at 4:00 PM
Automobile Accidents Attorney serving Providence, RI
2 Awards
You should consult with an attorney before you agree to anything.
Answered on Jan 24th, 2014 at 6:04 AM
James Eugene Hasser
There are no set rules on pain and suffering values. It is just what is fair and reasonable under the circumstances. I would like to address the liability issue, though. In a dog bite case in Alabama, you have to prove the owner knew that the dog had vicious propensities before the bite. One way of showing that is to show that the owner knew the dog had bitten someone before. It's called the "one bite" rule. Once the owner is on notice that the dog bites, it is also on notice of the vicious propensities of the animal. In your detail you say that you don't know if the dog had bitten anyone before. So, I wouldn't take liability for granted just because the insurance company is talking about settlement. A good case has liability, damages and collectability. A problem with any one of these elements affects the value of the case. Here, I see potential problems with liability and damages. Case values vary significantly from case to case and place to place. It is the job of the personal injury lawyer to be familiar with those values. You may want to consider consulting one.
Answered on Jan 23rd, 2014 at 9:37 PM
The minimum amount is whatever you can negotiate. If you think the amount they end up offering you could file for damages in small claims court. However whatever you settle for the amount will be ordered to be in a blocked account for your daughter until she is eighteen.
Answered on Jan 23rd, 2014 at 9:36 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
In a dog bite case you normally need to prove the dog was "vicious" (had a reputation for attacking) and that the owner knew. I doubt if you can prove that based on what you say. If your son is okay you will be lucky to get your ER bill paid and maybe nothing more. If they are paying you as a liability case rather than med pay they may pay you 500 or 1000 as a nuisance case to get rid of the claim. Doesn't sound like you have much here. See a lawyer if there is genuine serious injury.
Answered on Jan 23rd, 2014 at 9:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Usually, I would tell you to get a lawyer. But, if there are no scars and no long-term effects, then the level of compensation is such that you might do as well on your own. Unfortunately, it is impossible to give any kind of realistic figure. I can say "more than $2,500 and less than $10,000" if you think that helps.
Answered on Jan 23rd, 2014 at 8:59 PM
There is no minimum amount but often the final settlement offer is three times the medical bills. If your daughter has any permanent scars you should demand more. You may have a claim yourself since you were in the zone of danger and saw the bite so you could claim emotional distress damages for yourself. What the case is worth is a guess that an attorney in your locale is better able to make. An attorney probably will not take you case but may be willing to write a single demand letter for you at a fixed, hourly rate.
Answered on Jan 22nd, 2014 at 9:43 PM
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
Just settle for what you get if you are dealing with it yourself. Insurance companies are never generous with unrepresented claimants. If there are no lasting scars, no serious injuries, physical or emotional, you may get a thousand bucks on top of your bills if handled on your own. If more serious I suggest that you rather hire a lawyer.
Answered on Jan 22nd, 2014 at 8:44 PM
Edwin K. Niles
Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.
Answered on Jan 22nd, 2014 at 8:43 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Generally 2 to 3 times medical bills. If your daughter did not need stitches or only a couple, I would thing $1000 to $2000 is what you could expect as a good settlement. Even better if the insurance company will pay the medical bills and give you that amount.
Answered on Jan 22nd, 2014 at 8:43 PM
Civil Litigation Attorney serving Gadsden, AL
at
Ford, Howard & Cornett, P.C.
Update Your Profile
Sorry to read about your scary incident. There is no minimum settlement amount. Usually the medicals bills are a starting point to evaluate the value of a claim (i.e., two times the medical bills for a minor injury; many times the medicals for a serious injury). But sometimes the medical bills are not a good measure. Dog bite cases can be tough for a claimant to win unless the dog has a history of aggressive behavior or is a known dangerous breed (i.e., pit bull and, yes I know that pit bull lovers will be offended by that comment; but the statistics back up the statement). As a side note, you and your son were in the "zone of danger" and, therefore, have valid claims under Alabama law.
Answered on Jan 22nd, 2014 at 8:41 PM