Case Value

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Hampton HR 7729 6 2x4 Black Oval Hard Case Great Value    US $44.95

A Few Things To Consider When Valuing Your Dog Bite Case

Getting attacked by a dog can turn into a horrific ordeal of medical bills and emotional trauma. It's important to understand how much the owner of an attacking dog is responsible for in such an event. Being able to valuate your specific case is therefore crucial to your recovery. The following are a few things to consider when reviewing your dog bite case.

Many dog bite cases involve children. But injury cases involving children can be even more difficult when it comes to determining the value of the case. This has to do with the child being young and physically immature. Estimates about the impact of an injury on future employment, appearance and relationships (e.g. marriage) can be highly speculative because the child has not yet attained the age when the results of the injury may be fully manifested. Sometimes the dog bite wound can take years to resolve. Sometimes scarring that appears severe and extensive in childhood can look remarkably better when that child becomes an adult. For these reasons, trying to determine the future impact of a child's dog bite injury may be highly speculative and therefore more difficult to calculate when compared to those dog bite cases involving adults.

People should also understand that there is a big difference between the settlement value of a case and the actual value a jury may determine. Settlement value is always less than actual value. This is because the settlement value takes into account the enormous expense and risk of going to trial. The settlement value is always a subjective judgment made by the parties. The settlement offer has to be high enough to persuade the dog bite victim to accept the offer to avoid the increased risk and expense of going forward with litigation and a trial.

A strong defense concerning the dog owner's liability can significantly affect the value of a dog bite case. That is, if the defense can show that a jury might not find the dog owner at fault, or find that the victim provoked the animal, then the settlement value of the case will be reduced to reflect the risk that no recovery or a reduced recovery may occur. The merits of a particular defense alleged by the dog owner should be thoroughly evaluated by competent and experienced counsel so an appropriate risk-benefit analysis can be made about whether to go forward with a trial.

Generally speaking, a case is worth the amount of damages inflicted on the person who has been injured. These damages may be easy to calculate, like past and future medical charges, lost earnings, lost earning capacity, and property loss. But the law also states that the injured person has the right to recover compensation for other "intangible" harms. It is these "intangible" harms that are more difficult to calculate.

About the Author

Chris Davis is a Seattle dog bite attorney who is regarded as one of the top animal attack lawyers in Washington state. You can learn more about Mr. Davis and his law firm by visiting our website.