Understanding the breadth of potential dog bite injuries is essential when estimating damages in Columbia, MO, dog bite cases. While you should always get medical care after a dog bite, the extent of that care could range from cleaning and antibiotics all the way up to a series of major surgeries. The pain and suffering related to the bite, time away from work, and loss of earning capacity all impact available damages. A lawyer at AW Smith Law Firm can compare your injuries with the available damages to come up with an approximate value for your claim.
Under a strict liability theory, the owner of a dog is generally responsible for a dog bite. However, there are some defenses to the bite. A dog bite injury attorney could investigate the incident and help you establish the owner is liable.
Three types of damages are available in personal injury lawsuits: economic, non-economic, and punitive. Both economic and non-economic damages are compensatory, meaning they compensate the victim for money spent or intangible losses. Punitive damages are not compensatory. Instead, they focus on punishing the wrongdoer.
Economic damages relate to direct or indirect economic losses. One well-known example of an economic loss in a dog bite case is medical bills for treating the bite. Other economic damages can include lost wages and loss of earning capacity. However, not all economic damages the direct result of the injury. Some may be result from the injured person being unable to perform work or tasks. For example, if a dog bite on someone’s hand prevents that person from cleaning their home, then the cost of a housekeeper during the recovery period would be economic damage.
Non-economic damages compensate people for intangible injuries. Intangible injuries do not have a set dollar amount, though insurance companies, settlement amounts, and prior lawsuit amounts can help attorneys guess the value of these injuries. Non-economic injuries include pain and suffering, emotional trauma, loss of companionship, and similar damages.
Punitive damages are unusual in dog bite cases. Most of the time, the dog who bites is a pet or working dog, and few have a known history of aggression. While the state takes a strict liability approach to dog bites, owning a dog that bites is not necessarily reckless. However, when an attorney can establish that the dog has a history of biting, punitive damages may be available in a Columbia, MO dog bite case.
Medical bills often form the majority of economic damages in a dog bite case. They could come from:
Many people fail to think of treatment for emotional trauma as a medical expense. However, dog bite victims often suffer significant trauma, anxiety, and post-traumatic stress. They may even develop a phobia of dogs. When an injured person can establish they need therapy due to the dog bite, it is economic damage. Our attorneys at AW Smith could work with an injured person’s medical treatment team to help determine damages in a Columbia dog bite case.
In most cases, homeowner’s or renter’s insurance will pay dog bite claims. Even if your actual damages exceed the policy’s limits, you may have difficulty collecting the additional damages unless the dog’s owner has substantial resources.
Schedule a consultation with AW Smith to learn more about damages in Columbia, MO dog bite cases. Our lawyers can examine the incident, estimate a damage range, and compare it to the policy limits and other assets that could cover the claim. Armed with that information, you will be better positioned to make decisions about settlement offers and lawsuits.
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