Receiving settlement after a dog bite depends on many factors. The court has to consider the type of injury, exactly how it happened, what state it occurred in, and more. In this post, we will discuss things taken into consideration because every case is different.
There are multiple different statutes depending on the state where the bite occurred. Some states have “strict liability,” which makes it easier to decide whether the dog owner can be found at fault. If the state has a “one bite” or negligence-based rule, things can become more difficult. If there are major injuries and it is clear that the plaintiff was attacked, the defendant will most likely have to settle for something, especially if an insurance company is involved. You can read more on Pennsylvania’s laws here.
Another factor that will determine settlement will be the plaintiff’s losses and how much they would need in their compensation. Estimating this amount is difficult because a jury will decide how much the defendant must pay. Pain and suffering are also a loss, however, it is more subjective. It is hard to determine someone’s pain and suffering, so an educated guess is made based on similar cases.
The location where the lawsuit was filed plays a large factor in a dog bite settlement. Residents of that area will make up the jury so it all comes down to that localized opinion. Sometimes it can be unfair, such as being in an area where dog bites have become more common. In that type of situation, the jury will be more sympathetic with the plaintiff and a higher settlement may be the result.
Lastly, if an attorney has a habit of accepting low settlements, that trend will likely continue and there will be no trial. That is why you have to find the right lawyer for you.
TopDog Law does handle these types of cases. While we will not know what your case is worth immediately, we want to work with you to get the compensation you deserve. If this has happened to you, call us today! You can call us at 800-215-7211 or send us a message to receive a free consultation!