Pursuing a dog bite case allows for two causes of action. The first under Ohio Revised Code 955.28(B) is a strict liability statute. Under that statute, proof of negligence is not required. The owner, keeper, or harborer will be strictly liable for all injuries absent trespass, provocation, or committing criminal activity. A negligence claim requires that the owner fails to act reasonably in controlling or caring for his dog. Not leashing his dog in a public area, would be a breach of his duty of care. If either cause of action is proven, the plaintiff can recover damages for medical bills, lost wages, scarring or disfigurement, pain and suffering, and emotional distress. Either homeowner or rental insurance may provide coverage.
What Should I Do After a Dog Bite?
If injured by a dog, always seek medical attention as soon as possible. This will prevent serious infection. Always take photographs of the injuries. For evidentiary reasons, always take photographs, videos, witness statements, and put down all the facts of the incident. This will more easily allow you to prove your case. Always confirm the identity of the owner or harborer by contacting their information and insurance. Locate the local authorities to obtain an official report. Work with an experienced dog bite attorney. They will be able to gather all supporting documents for your injuries, lost wages, scarring and disfigurement, and pain and suffering. They will provide the insurance company with all the related documents and then negotiate with the insurance company to settle your case.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If you can not resolve your case, an experienced attorney will advise you as to litigation. They will explain the complaint adding both statutory and common law claims. They will file discovery and assist you in answering discovery. Discovery will include interrogatories, admissions, and production of documents. They will attend all depositions and deal with all motions that come before the court. They will try the case to a jury.
How Much Should I Get For a Dog Bite Injury Case?
In 2022, the average settlement for a dog bite case was about $50,692. This figure came from the Insurance Information Institute. That number varies depending on medical bills, lost wages, disfigurement, and pain and suffering. Most settle out of court, but if not will get tried to a jury. A jury verdict is often much higher but is more risky, time consuming, and costly.
Do I Need a Lawyer After a Dog Bite Injury?
A dog bite attorney will advise you of all your legal options from settlement to trial. They will investigate and obtain all the related documents of your injuries. They will deal with the insurance company from settlement through a jury trial. If you do not retain an attorney you run the risk of the insurance company ignoring you, giving you a low ball offer, or shirking its responsibility totally. A lawyer can prevent all this and provide you with the compensation you deserve for your injuries.
Dennis P. Sawan
