A dog bite case is covered under Ohio Revised Code 955.28(B) or common law negligence. Under the statute, the owner, harborer, or keeper is strictly liable for injuries caused by a dog. Defenses to the statute are available for trespass, provocation, or while committing a criminal activity. A negligence claim requires proof by a preponderance of the evidence that the owner failed to act reasonably in controlling or caring for his dog. If either scenario is proven, the injured person can recover medical bills, wage loss, scarring or disfigurement, pain and suffering,
What Should I Do After a Dog Bite?
Seeking immediate medical attention after a dog bite, will prevent future serious infections. Once done, obtain photographs of the injuries. Obtain all information surrounding the incident by taking photographs, videos, witness statements, and jotting down all the facts of the incident. This will assist you in proving your case to the insurance company. Notify the local agencies to have them author an official report. Contact an attorney to give them all your information. They will contact the insurance company, provide them with all medical expenses, lost wages, scarring and disfigurement, and discuss your emotional distress and pain and suffering. They will attempt to settle the case.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If the case is not resolved, an experienced attorney can advise you of your litigation options. They will prepare a complaint including both common law and statutory claims, assist you in preparing and answering discovery questions such as interrogatories, admissions, and production of documents. They will attend your deposition and take depositions of all parties and witnesses. They will deal with all issues that come before the court.
How Much Should I Get For a Dog Bite Injury Case?
The average settlement in 2022, according to the Information Information Institute, is around $50,692. That amount fluctuates depending on medical bills, lost wages, the extent of disfigurement or scarring and pain and suffering. If not settled out of court, the case can be tried to a jury. It will be more expensive, time consuming, but may result in a higher award.
Do I Need a Lawyer After a Dog Bite Injury?
Retaining an experienced attorney will prevent an insurance company from taking advantage of you. Low ball offers, dodging responsibility, or avoiding dealing with you are just some of the tactics that you will encounter. Your attorney will deal with the insurance company and provide them with all the evidence to support your case. They will attempt settlement and if unsuccessful, will file a lawsuit and try the case to a jury. They know the value of your case and will provide you with the compensation you deserve for your injuries.
Dennis P. Sawan
