If you are bitten by a dog, you may pursue your case under either strict liability or common law negligence. Ohio Revised Code 955.28(B) strictly holds owners, keepers, or harborers liable for your injuries. An owner’s defenses look at trespass, provocation of the dog, or a criminal act. These defenses will preclude you from recovery of your injuries. Under negligence, you must show by a preponderance of the evidence that the owner failed to act reasonably in the handling of his dog. An example would be not leashing the dog while walking on a public street. Coverage can be found under either homeowners’s or renter’s insurance. That coverage will reimburse you for medical bills, lost wages, scarring or disfigurement, pain and suffering, and emotional distress.
What Should I Do After a Dog Bite?
If injured, seek medical attention as soon as possible. To prevent infection, you must address the worst injury first. After medical treatment, confirm those injuries with photographs. Take photographs and videos of the scene, obtain witness statements, and note all details of the incident. This will assist you in gathering all necessary evidence to prove your case. You must confirm the owner or harborer of the dog by gathering both their contact and information. When able, contact the local personnel to provide the evidence and obtain an official record. Once completed, locate a dog bite attorney. They will handle notification of the incident to the insurance company, gather and send all your medical expenses, lost wages, and photographs of your scarring or disfigurement. They will discuss how this incident has affected your daily life causing you emotional distress and pain and suffering. They will then attempt to settle your case pre lawsuit.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If unable to settle your case, your attorney will assist you in litigating the matter. They will draft the complaint including both statutory and common law claims, help you with discovery including interrogatories, creating admissions and production of documents, schedule and attend depositions, and handle all motions that come before court. They will either resolve the case or try it to a jury.
How Much Should I Get For a Dog Bite Injury Case?
The Insurance Information Institute reported in 2022 that the average Ohio settlement in dog bite cases was around $50,000. That number changes depending on the extent of medical bills, lost wages, extent of disfigurement and scarring, and pain and suffering. These cases generally settle before filing a lawsuit. If a jury trial is required, however, the verdict is usually higher but is more risky and will be both time consuming and costly.
Do I Need a Lawyer After a Dog Bite Injury?
Yes. Discussing your case with a dog bite attorney early on will give you all your legal options and protect you from an insurance company. They can look into your case, obtain all evidence, provide that evidence to the insurance company, and negotiate the settlement of your case. If your case does not settle, they can represent you all the way through a jury trial. Without a dog bite attorney, the insurance company can low ball an offer, slow play your case, dodge responsibility, and force you into trial. An attorney can value your case and provide the insurance company with the necessary documents to provide you with complete compensation for your injuries.
Dennis P. Sawan
