Maximizing The Value Of A Dog Bite Claim In Harlem And Beyond

Dogs can be our constant companions, always happy just to be around you. While dogs are commonly praised for being our best friends, incidents can happen.

A dog can get loose and end up biting someone. Injuries from a dog bite can be substantial and medical care is commonly required. 

Sometimes, dog bites can even leave the individual with life-altering injuries. As much as you may love dogs, you also don’t want to be stuck paying for damages. Determining the value of a dog bite case can be a little complicated, and a few different factors can affect the value of your claim.

Factors Affecting the Value of a Dog Bite Claim

After a dog bite, a lot is probably running through your mind but eventually, you’ll probably start thinking about compensation. Here’s a look at some of the factors that can impact your claim’s value.

Severity of Your Injuries

A dog bite claim falls under personal injury law. Think of it as a big umbrella covering most types and causes of personal injuries. A primary factor in these types of claims is the severity of your injuries. 

Why does this play such a large role in the value of your injury claim? The simple answer is medical expenses. More severe injuries typically require more extensive care and this increases the damage amount you list on your claim.

For example, a minor bite wound that only requires a bit of cleaning and a bandage is going to cost noticeably less than if your injury results in nerve damage or permanent scarring. The severity of your injuries can also impact the value of your non-economic damages. Your pain and suffering will probably be more intense if the dog bite results in serious injuries.

Proving Liability

The cornerstone of any personal injury claim is the ability to prove liability. In claims involving dog bites, you must prove the animal’s owner is negligent, and this means proving the four elements of negligence:

• Duty of care
• Breach of duty
• Causation
• Damages

So, a dog owner has a duty to keep their pet confined. If the dog is loose and bites someone, the owner has breached their duty of care; this breach is the cause of your injuries which result in your damages.

If you can show that the dog’s owner failed to keep their pet confined, you probably have grounds to file a personal injury claim. However, if you can’t show that the dog’s owner is negligent, it will affect the value of your claim. You can’t file an insurance claim against an unknown party, for example, if you’re bitten by a stray dog. 

You may be able to file a claim against the jurisdiction responsible for controlling stray animals but proving negligence can be challenging.

Comparative Negligence Rules

Some Canadian provinces like Ontario follow comparative negligence rules. In a nutshell, this rule allows more than one individual to be responsible for your dog bite injury. If you’re trespassing on private property and are bitten by the owner’s dog, comparative negligence can come into play.

What does this mean for the value of your dog bite claim? Your compensation award is reduced by your percentage of the blame. So, if you’re assigned 40% of the blame and the dog’s owner assumes the remaining 60% on a $100,000 compensation award, you receive $60,000. 

However, if you’re not assigned any fault for the dog bite accident, you receive the full settlement amount. Another example of when comparative negligence may apply is if you provoke the dog.

Lost Income

If your dog bite injury is minor, chances are, you’re not going to miss any work. However, severe dog bites can leave you unable to work for the foreseeable future. Your personal injury claim can include lost income, both current and future and this can affect its value.

Your average earnings also affect the value of your claim. Your average annual earnings also affect your claim. Before you can claim lost income, you will need to provide proof of your injuries, which is usually done using your medical records. Your pay stubs and other financial statements indicate proof of income.

Type of Insurance Coverage

Most property owners carry insurance, and this type of insurance covers accidents on the property. Whether it’s homeowners or renters insurance, the policy typically covers dog bite incidents, which means you file your personal injury claim with the property owner or renter’s insurance provider.

Most insurance policies come with caps. Your compensation from the insurance company can’t exceed the policy’s caps. If your damages exceed the insurance cap, you can file a lawsuit against the dog’s owner in civil court. 

However, there’s no guarantee you’ll receive the compensation you may be awarded. If the dog’s owner doesn’t have the necessary funds readily available, the court can step in and help ensure you receive compensation. If the at-fault party doesn’t have the funds, you may not receive payment for your injuries.

What to Consider When Filing a Dog Bite Injury Claim

All Canadian provinces have statutes of limitations in place. The statute of limitations is the time you have to file a claim after a dog bite. On average, the statute of limitations is two years, but this can vary. To ensure you’re not missing a filing deadline, it’s usually best to work with a personal injury attorney.

What happens if you miss the statute of limitations? In most instances, you’re unable to file a claim. There are a few exceptions to the statute of limitations. Minors may be able to wait until they turn 18. If the dog’s owner can’t be located, the statute of limitations may also be temporarily extended. 

Even though there are times when the statute of limitations can be extended, it’s not encouraged. The longer it takes to file a claim, the harder it can be to prove your case.

Receiving the Maximum Value of Your Dog Bite Claim

Receiving the maximum value for your dog bite claim depends on several key factors. These can include the severity of your injuries, the circumstances of the incident, and the insurance coverage available. Working with an experienced personal injury attorney can help ensure you receive full compensation for your damages. 

An attorney can negotiate on your behalf, gather necessary evidence, and guide you through the legal process. They can also help you understand your rights and ensure that all aspects of your claim are thoroughly addressed.