How to Negotiate a Dog Bite Settlement
A dog bite incident is never a good thing. Getting bitten by a dog can lead to pain and suffering, medical bills, missed work, and long-term emotional distress. If the dog owner or the dog owner's insurance company offers a settlement, you might wonder if the amount is fair or if you should negotiate.
Understanding how to negotiate a dog bite settlement can help you make the best possible decision about your claim. Most dog bite claims don't automatically come with a fair settlement, so it's important that you understand what the process entails. It's also a good idea to work with an experienced dog bite attorney throughout the legal process. They can also help with how to report nursing home abuse.
What Is a Dog Bite Settlement?
A dog bite settlement is a type of agreement in which dog bite victims recover compensation in exchange for resolving a legal claim against the responsible party. In most cases, the claim is handed through the dog owner's homeowners or renters insurance company.
A settlement often compensates the injured person for losses that are related to the dog bite. Depending on the circumstances, especially if there are serious injuries, these losses might include things like medical expenses, lost wages, pain and suffering, and other damages.
In Iowa, a dog owner can be liable for all damages, including future medical costs, when a dog is attacking or attempting to bite the victim. The only exception is when the injured party was committing an unlawful act, such as trespassing, and in the process, was bitten.
Since every dog bite case is different, there isn't a standard settlement amount, but a personal injury lawyer can help victims get the fair compensation they deserve.
How to Negotiate a Dog Bite Settlement - The Legal Process
Negotiating with an insurance company can be a challenge, even though it's the dog owner's responsibility to take care of damages. Here are the steps that a dog bite lawyer typically suggests:
1. Get Medical Treatment to Form Medical Records of the Case
The first priority for anyone after getting bitten by a dog is their health. It's important to get medical treatment as soon as possible. Not only does this help to start the healing process, but it also creates a medical record for the case.
Dog bites are different than typical incisions or lacerations. In many cases, dog bites cause infection, nerve damage, scarring, fractures, and other complications. Medical records also document these things and ensure that they are associated with the bite and nothing else.
Because of this, always keep copies of medical bills, treatment records, prescriptions, and any other documentation associated with your case.
2. Document the Dog Bite
Another thing that is very important to do is to document as much about the incident as possible. Take photos of your injuries and continue to document them as they heal. If you develop scars, photos can show how the injury has changed over time.
You should also keep records of where the incident occurred and details able what happened. It's also important to gather information about the dog's owner and gather witness statements if you can. If there are any police reports about the incident, those are very valuable, too.
3. Calculate Your Damages After Gathering Evidence
Before you can negotiate a settlement, you must understand the losses you have experienced following the dog bite. There are both economic damages and non economic damages.
Economic damages may include:
Emergency room and hospital bills
Doctor appointments
Medication and other medical expenses
Future medical treatment
Lost wages
Other out-of-pocket expenses related to the injury
Non economic damages might include:
Physical pain
Emotional distress
Scarring
Do not assume that your medical bills represent the full value of your claim. A dog bite can affect your life in ways that are not reflected on a medical invoice.
4. Be Careful When Speaking With the Insurance Company
After a dog bite, you may be contacted by an insurance adjuster. The adjuster's job is to investigate the claim and evaluate the amount the insurance company may be willing to pay.
You should be careful about giving statements, discussing the extent of your injuries, or speculating about your recovery before you fully understand your claim.
Avoid minimizing your injuries simply because you hope to be polite or cooperative. It is also important not to guess about information you do not know.
If you are unsure how to communicate with the insurance company, consider speaking with these dog bite attorneys in Des Moines before making significant statements about your claim.
5. Review the First Settlement Offer Carefully
An insurance company may make an initial settlement offer relatively early in the process. You do not necessarily have to accept the first offer you receive.
Consider whether the offer accounts for all of your medical expenses, lost income, ongoing treatment, and other damages. If you are still receiving treatment, it may be difficult to know the full extent of your losses.
Once you accept a settlement and sign a release, you may give up your ability to seek additional compensation for the same injury. That makes it important to understand exactly what you are agreeing to before signing.
6. Prepare a Counteroffer
If the initial offer does not adequately compensate you for your losses, you may respond with a counteroffer.
A strong negotiation should be supported by documentation rather than simply asking the insurance company to pay more. Medical records, bills, photographs, wage information, and other evidence can help demonstrate why a higher settlement may be appropriate.
Your response should clearly explain the losses associated with the dog bite and provide support for the amount you are requesting.
7. Consider Whether You Need an Attorney
You are not required to handle every dog bite claim on your own. Depending on the severity of your injuries and the circumstances of the case, an attorney may be able to communicate with the insurance company, gather evidence, evaluate your damages, and negotiate on your behalf.
Legal representation can be particularly important when an insurance company disputes liability, argues that your injuries were not caused by the dog bite, or offers a settlement that does not reasonably reflect your losses.
An attorney can also help you understand your options if settlement negotiations do not result in an acceptable resolution. They can help with questions like can you sue a nursing home for abuse?
What Factors Affect a Dog Bite Settlement?
Several factors may affect how an insurance company evaluates a dog bite claim.
The severity of your injuries is one important consideration. A minor injury requiring limited medical treatment may be evaluated differently from an injury involving surgery, extensive treatment, permanent scarring, or long-term complications.
Other factors may include the cost of medical treatment, whether you missed work, whether you are expected to need future treatment, and how the injury has affected your daily life.
Evidence concerning how the attack occurred may also matter. Documentation, photographs, medical records, witness statements, and other evidence can help establish the circumstances surrounding the injury.
Because each claim involves different facts and damages, it is difficult to predict the value of a dog bite case without evaluating the specific circumstances.
Do Not Wait Too Long to Address a Dog Bite Claim
A person injured by a dog should be aware that legal deadlines may apply to a personal injury claim. Iowa's general statute of limitations for claims founded on injuries to the person is generally two years, although the applicable deadline can depend on the circumstances and the parties involved.
The fact that you are negotiating with an insurance company does not mean you should assume that the legal deadline has been extended. Waiting too long can put your ability to pursue compensation at risk.
If you have questions about a potential dog bite claim, speaking with an attorney promptly can help you understand the deadlines and options that may apply to your situation.
Should You Accept a Dog Bite Settlement?
There is no universal answer to whether a particular settlement offer is fair. Before accepting an offer, consider whether you have a clear understanding of your current and potential future losses.
Ask yourself:
Have you completed medical treatment, or do you still need care?
Are you experiencing ongoing pain or other symptoms?
Have you fully documented your medical expenses?
Have you accounted for lost wages?
Could you need additional treatment?
Does the settlement address the full impact of your injury?
Do you understand what rights you may give up by signing the settlement agreement?
If you are uncertain about the answers, consider getting legal advice before accepting an offer.
Talk to a Des Moines Personal Injury Attorney About Your Dog Bite
Negotiating a dog bite settlement can be difficult when you are focused on recovering from an injury. An insurance company may evaluate your claim based on its own interests, while you need to consider the full impact the attack has had on your life.
Tom Fowler Law helps injured people understand their legal options and pursue compensation for injuries caused by the negligence or wrongful conduct of others. If you were injured in a dog attack in Des Moines or elsewhere in Iowa, an attorney can review the circumstances of your case and explain your potential options.
Contact Tom Fowler Law to discuss your dog bite injury and learn more about the steps you can take to protect your rights.