California Dog Attack Lawyers

Damages in Dog Bite Cases

What Types of Damages Are Available in a Dog Bite Case?

Dog bite injuries can have a devastating physical and emotional effect on the victim and can take a huge financial toll on the victim's entire family.

While the types and amount of damages to which you may be entitled will depend on both the theory upon which liability is established and the particular facts of your case, the types of compensation generally available in a dog bite liability case include both (a) economic losses and (b) non-economic losses. Economic losses are objective, measurable losses, while non-economic losses refer to intangible losses. Under certain circumstances, a victim's family members may also be entitled to recover damages. If you have been the victim of a dog bite attack, you should consult a dog bite lawyer (or attorney) who will be able to advise you regarding the damages that may potentially be available to you.

Economic losses that may be awarded include:

• Current medical expenses: fees and costs for surgery, medication, doctors, hospitals, medication, surgery, and related expenses.
• Future medical expenses: physical therapy, cosmetic surgery to repair scarring, and any other continued medical care relating to the injury.
• Lost income: wages or earnings lost as a result of the time the victim is unable to work during his recovery.
• Diminished future earnings: any reduction in future earning capacity as a result of a long term or permanent disability caused by the dog bite injury.
• Life care: cost of assistance in performing daily activities if the victim's injuries have robbed him of the ability to care for himself.

Non-economic damages that may be awarded to a dog bite injury victim and/or his family members include:

• Pain and suffering: the physical pain caused by the injuries.
• Emotional distress: a victim's mental anguish as a result of being disfigured, for example, or a parent's trauma as result of witnessing their loved one being mauled in a dog attack.
• Loss of enjoyment of life: loss of quality of life as a result of the victim's impaired ability to engage in basic daily activities and/or hobbies and sports.
• Loss of consortium: loss of spousal companionship and services.
• Punitive damages: available if the defendant acted with oppression, fraud or malice. Punitive damages are not covered by insurance in California.

If a dog bite victim dies from his injuries, additional damages may be available to certain of his family members under a wrongful death action.

Who Will Pay My Dog Bite Injury Damages?

Dog bite cases differ from many types of personal injury actions because the dog's owner, the person most often liable for the attack, is frequently a neighbor or a friend. The victim, concerned about subjecting his friend or neighbor to economic hardship, may elect not to seek damages. In most dog bite cases, however, the responsible party will carry insurance that will cover the damages. Your dog bite lawyer will be able to help you determine whether the responsible party or parties in your case carry insurance and whether their policies would cover your claim.

Depending on both the facts of your case and the specifics of the policies, insurance that may be available to pay a victim's losses could include:

• Homeowner's or renter's insurance: The personal liability provision of a dog owner's homeowner's policy will generally cover dog bite injuries, including those that occur off the dog owner's property. There is, however, an increasing trend among insurance carriers to exclude from coverage either all dog bites or injuries caused by certain breeds of dogs, such as Pit Bulls and Rottweilers. Those policies which do cover dog bites may limit the number of dog bite claims they will pay and/or the amount they will pay for dog bite injuries.

• Personal umbrella liability policies: The dog owner may have an umbrella policy which provides coverage over and above that provided in his homeowner's policy, or which may provide coverage for dog inflicted injuries even if such injuries are excluded from the underlying homeowner's policy.

• Auto liability insurance: An auto liability policy will generally cover a claim if the dog bite occurred in the car. In one case, a dog tied to a car attacked a woman as she walked by. The auto insurance carrier covered the dog injury claim.

• Dog owner insurance: In some instances where a dog owner's homeowner's or renter policy has limited coverage for dog bite injuries, a dog owner may have acquired a separate policy which specifically provides coverage for dog attacks. These policies tend to have strict coverage limits, requiring, for example, that the dog be leashed or confined when outside, and limiting coverage to injuries occurring on the dog owner's property.

If persons other than the dog's owner are liable for your dog bite injuries, their insurance will generally cover their liability for your injuries as well. Canine professionals, such as breeders and veterinarians, will carry professional insurance policies. Commercial general liability insurance covers stores and businesses, and landlord's policies generally cover the liabilities of the owner, occupier and/or manager of the property.

Not all claims are covered by insurance, however. In California, no insurance policy will cover the victim's dog bite injuries if they were the result of an intentional act, such as a battery. And, of course, in some instances, the liable party may simply be uninsured, in which case he or she will be your only source of payment.

If you have been the victim of a dog bite attack, you should consult with a knowledgeable dog bite attorney as soon as possible. A skilled dog bite lawyer will pursue your claim against all potential defendants in order to maximize your chances of recovering all the damages to which you are entitled.

Conclusion

The Reeves Law Group has represented thousands of personal injury plaintiffs and has extensive experience in dog bite cases and a record of exceptional results. Our dog bite lawyers have the expertise and the resources necessary to identify all potential defendants, secure evidence, locate witnesses, negotiate with insurance carriers, and if required, guide your case through trial. If you or someone you love has been the victim of a dog bite attack, please contact The Reeves Law Group at 800-644-8000 for a free consultation with one of our dog bite lawyers.

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Related Blog Posts

Info Center Table of Contents

• Dog Bites Overview
• Dog Bite Law
• Other Theories of Dog Bite Liability
• Liability in Dog Bite Cases - Persons Other than the Dog Owner
• Defenses in Dog Bite Cases
• Damages in Dog Bite Cases
• Dog Bite Prevention

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