Ohio has a strict liability statute if you are bitten by a dog. Ohio Revised Code 955.28(B) will impose liability on the owner, keeper, or harborer for your injuries. They may raise the defense of trespass, provocation, or criminal activity. If successful, you will be unable to recover for your injuries. You may also look at common law negligence. Under this theory, the owner must breach his duty of care in controlling and caring for his dog. If that duty is breached, you may seek recovery for your injuries. Those injuries would include, reimbursement of medical bills, lost wages, scarring or disfigurement, pain and suffering, and emotional distress. Both homeowners or renter’s insurance may be available for coverage of these injuries.
What Should I Do After a Dog Bite?
Seeking medical attention right away is important, as infections from a dog bite are very serious and must be prevented. After medical attention, take photographs of your injuries. Compile all information involving the incident by taking photographs, videos, obtaining all witness statements, and summarize all details of the incident. This information will be useful when dealing with the insurance company. Confirm the identity of the owner or harborer of the dog. Notify the local agencies about the incident. They will be able to produce a report. After all this, seek a meeting with a dog bite attorney. They will be able to contact the insurance company, send them all your related medical records and bills, lost wages, and pictures of your disfigurement and scarring. Your lawyer will be able to discuss settlement negotiations with the insurance company arguing your pain and suffering as well as emotional distress. If the case cannot be settled, they will litigate the case through a jury trial.
Do I Need to File a Lawsuit After a Dog Bite Injury?
If settlement can not be reached, a lawsuit will put your case in front of a jury. In preparation, your attorney will guide you through the litigation process. They will discuss both statutory and common law claims which will be pled in the complaint, assist in discovery by preparing and answering interrogatories, admissions, and production of documents, attend depositions, and handle motions before the court. They will also settle your case or try it 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 was about $50,692. That number would vary depending on the extent of medical records and bills, lost wages, disfigurement and scarring, emotional distress, and pain and suffering. Although most are settled out of court, a jury trial could award a higher verdict but it is more costly, time consuming, and risky.
Do I Need a Lawyer After a Dog Bite Injury?
Retaining a dog bite attorney is necessary in these types of cases. They will handle the investigation, obtain evidence, gather all related documents then deal with the insurance company. They will also try the case to a jury. Without an attorney, the insurance company will delay settlement and shirk responsibility oftentimes offering you less than the full value of your claim. An attorney knows how to value your case based on the evidence and maximizing the compensation you deserve.
Dennis P. Sawan
