Understanding How Dog Bite Settlements Are Calculated in NY

No one wants to be the victim of a dog attack. Unfortunately, it is one of the realities that some who live in New York have to face. That is why it is essential to understand the parameters of these incidents and what the approach should be in handling them.

Consider that some dog bite victims end up requiring permanent medical attention. Who is responsible for this? If there is supposed to be any kind of compensation awarded, what goes into its calculation?

An outline of all the required insights can be found below. Always remember that the services of an experienced dog bite attorney present the best way to navigate these matters. They can also share inshgt on how slip and fall settlements are calculated in NY.

New York’s Dog Bite Laws

The result of a dog bite case will depend on the legalities surrounding the incident, as well as the unique circumstances that occurred. There are a couple of parameters at the center of the whole proceeding, and these are strict liability, negligence, and the statute of limitations. Details on each may be found below.

Strict Liability and Negligence

The "dangerous dog" principle is essential to understand here. Dog owners with animals that fall under this category bear strict liability whenever medical bills arise from a bite. This means that the "one bite rule" principle doesn't prevent a dog owner from liability even when the matter being evaluated is a first occurrence.

By law, dangerous dogs in New York are those animals that attack a party unjustifiably. The potential parties here include people, farm animals, service dogs, or domestic animals. Furthermore, the principle may apply where a dog's aggressive behavior would leave any reasonable person to assume that it is a serious imminent threat of severe injury or death.

Negligence claims are not recognized in New York when dog owners are the subject. Be that as it may, such claims can be brought against other defendants, such as dog walkers, veterinary clinics, etc. Note that claims arising from these dog bite incidents cover compensation for medical and other damages. Proving such a matter requires establishing that:

• The defendant owed a duty of care to the plaintiff.

• There was a breach of reasonable care demonstrated.

• Any dog bite injuries suffered are directly attributed to the defendant's lack of care.

• Proof of the injuries sustained exists and can be provided.

  
  

Statute of Limitations in NY

The statute of limitations for filing a dog bite claim in New York is three years from the date of the incident. Failing to file a claim within this time frame can result in the loss of the chance to seek compensation.

Since three years seems like such a long time, victims are often tempted to wait. However, going that route presents a couple of challenges. First, evidence loses its integrity over time. Next, the delay may incentivize the defendant to argue that the injuries sustained are not as serious as the plaintiff wants to allege because they would not have waited if so.

Factors Affecting Dog Bite Settlement Amounts

While dog bite attacks and their resulting claims can be very different from one to the next, the underlying factors that go into calculating them in New York are the same. These are the puzzle pieces that an experienced lawyer will use to recover compensation on behalf of the victim. Injury severity and the applicable damages will be the center of attention. For more information, a Long Island dog bite lawyer may be able to help.

Severity of Injuries

The severity of injuries plays a crucial role in calculating dog bite settlements. More severe injuries, such as permanent scarring or nerve damage, can result in higher settlement amounts.

Like other accidents, the true extent of the medical challenges presented by an attack will not always be immediately apparent. Beyond securing a settlement, this is another even more important reason why victims need to seek medical attention in the shortest possible order.

A medical professional will appropriately diagnose the injuries and establish the extent of the damage, as well as the treatment that is needed. More severe injuries in a dog bite lawsuit will usually have more invasive and extensive treatment requirements.

Economic and Non-Economic Damages

Many dog bite cases are evaluated in New York, and the damages that are compensated range from minor to extensive. A seasoned attorney will consider all effects of the incident that can be put forward under the law. These will typically fall under economic damages and non-economic damages. They can also assist with explaining how workplace accident settlements are calculated in NY.

Economic damages are those that are based on a verifiable dollar amount, which means that the settlement figure sought will typically correspond to what the associated documentation indicates. Examples include past and future medical expenses, past and future lost wages, property damage, the cost of household assistance, etc.

On the non-economic side of the fence, there are the kinds of damages that represent a lower quality of life than that which the victim had enjoyed before the attack. These include physical pain and suffering, emotional distress, loss of enjoyment, and disfigurement. It is not possible to put a price tag on elements, such as emotional trauma, which is why the valuation of these matters depends on the capabilities of the legal team.

There are also punitive damages that will not be seen in most dog bite cases, as severe negligence or a deliberate intent to harm needs to be present. These awards are not necessarily intended to compensate the victim. Instead, New York law makes the provision for these damages to punish the defendant.

Building a Strong Dog Bite Claim

The average dog bite settlement that leads to compensation being awarded to the victim requires that a solid case be presented. The negligent party, whether this is a dog owner or someone else, will not be required to pay a settlement unless the required elements highlighted above are adequately demonstrated. This is why proper evidence is all but mandatory.

Gathering Evidence

Collecting evidence, such as photographs of the incident and witness statements, can help prove liability. Additionally, keeping a record of medical expenses and lost wages can help with the calculation of economic damages.

When the services of a legal professional are sought, there will be assistance provided in the form of speaking to witnesses and requesting medical reports. However, the victim can be one of the biggest assets to their case if they take the time to gather information at the scene, provided they are in a position and state to do so.

The medical attention that is also sought is a form of evidence. Spare no detail in honestly relaying the details of the attack and the effects being felt to medical personnel. Doing so is the best way to ensure that the treatment plan put forward is appropriate. Additionally, there will be legally usable documentation generated that can be used for the claim being sought.

The Dog Bite Claims Process

Once the incident has happened and the required initial medical assistance has been sought and administered, the legalities will follow. Seeking a settlement requires a claim to be filed, which will start with the decision to engage in a consultation with a dog bite lawyer. This initial session will provide more clarity on the potential for claim pursuance and what the recommended approach looks like.

Filing a Claim and Negotiating a Settlement

Filing a claim involves submitting a formal complaint to the negligent party's insurance company. Negotiating a settlement requires a thorough understanding of the claim’s value and the insurance company’s policy. This is another area in which a dog bite attorney is essential.

Going to Trial

Going to trial may be necessary if a fair settlement cannot be reached. While many of these matters will be settled via negotiation, some will not, which then means that the selected attorney will act as an advocate for the victim in a court of law. A trial requires presenting evidence and testimony to a judge or jury.

Working with a Dog Bite Attorney

Working with a dog bite attorney can significantly improve the chances of securing fair compensation. A lot has been said so far about the importance of retaining the services of a seasoned lawyer, and it cannot be overstated.

Insurance companies are willing to use whatever tactic is necessary to get out of having to pay victims. It does not matter if they see that their client was wrong and that the injured party is suffering and needs assistance. Additionally, they will retain strong legal representation, which means they will have the power of knowledge and experience on their side.

Victims in personal injury cases need their own lawyers to even the playing field. With an attorney at play, it is no longer possible for lowball offers or shady tactics to go unnoticed.

Schedule a FREE Consultation with a No-nonsense Dog Bite Attorney Today!

Dog bite attacks can be painful for victims physically, emotionally, and financially. When this is the result of someone's negligence, that person should be made to compensate the injured party.

If you have been attacked and hurt by someone's dog in New York, you may be entitled to compensation. Schedule a free consultation with the Law Office of Carl Maltese today!