In Ohio, the law protects you if bitten by a dog. Under Ohio Revised Code 955.28 (B) the owner, keeper, or harborer will be strictly liable for your injuries. You cannot have trespassed, provoked the dog, or committed a criminal act. You can also look to common law negligence for recovery. Under this theory, you must prove the dog owner breached his duty of care in not protecting you from the dog. Walking his dog without a leash would be an example of that breach. If proven, you can recover medical bills, lost wages, scarring or disfigurement, pain and suffering, and emotional distress under either homeowner’s or renter’s insurance.
What Should I Do After a Dog Bite?
Always seek medical attention. Addressing the most serious injury first, will prevent potential infection due to the dog bite. After medical treatment, take photographs of your injuries. Gather all evidence by photographs, videos, witness statements, and write down the details of the incident. This evidence is essential as it will prove your case to the insurance company. You must contact the owner or harborer of the dog for identification and insurance information. Contact the local animal agencies to report the incident and create an official report. After all this, you should locate a dog bite attorney. They will contact the insurance company and provide them with all the evidence to support your claim which will include medical bills, lost wages, photographs and videos, and scarring or disfigurement. They will discuss your case with the insurance company, including your emotional distress and pain and suffering. If it can not be resolved, will litigate your case through a jury trial.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If you can not settle your case, your attorney will assist you through the legal process. They will create a complaint including both common law and statutory claims against the owner or harborer of the dog. They will help you with discovery. That will include drafting and answering interrogatories, admissions, and production of documents. They will prepare you and attend both your deposition and take the deposition of the Defendant. They will respond to any motions filed with the court. They will either settle or try your case to a jury.
How Much Should I Get For a Dog Bite Injury Case?
In 2022, according to the Insurance Information Institute, the average dog bite settlement in Ohio was about $50,692. It varied due to the amount of medical bills, lost wages, scarring, disfigurement, and pain and suffering. Out of court settlements are common but if not settled will be tried to a jury. A jury trial can result in a higher award but will take longer and be more risky.
Do I Need a Lawyer After a Dog Bite Injury?
Hiring a dog bite attorney will provide you with a road map to recovery. They will do an investigation of your case, gather all the evidence, deal with the negotiations with the insurance company, or try the case to a jury. They will document all your injuries and wage loss obtaining medical records and bills and wage loss confirmation from your employer. Without legal representation, you run the risk of a low offer, delay, or total denial of responsibility by the insurance company. Your attorney will prevent this and maximize your recovery through their experience and knowledge.
Dennis P. Sawan
