Personal Injury Attorneys – Dog Bite Lawyers
The owner of a dog in is held strictly liable for injury caused when their dog bites someone. Other states have a “one bite rule” before the owner will be held liable. Not Texas. In order to hold the dog owner responsible, they must be identified. This is usually done when a dog bite is reported to law enforcement and animal control. They will generally locate the owner in order to inquire about the dog’s vaccination history and do their investigation.
The question will be whether the owner of the dog is insured, typically under a homeowner’s or renter’s insurance policy. If the owner owns their home, they will generally have a homeowner’s insurance policy. Some homeowner’s policies will actually contain an exclusion that it does not cover dog bites or they might exclude certain breeds of dogs from coverage (generally the more well- known aggressive dogs). Unfortunately, renters are more problematic. It is common for them to have no insurance for injury their dog causes. It is possible the landlord could have coverage which applies. In other settings there may be coverage under a commercial insurance policy covering certain businesses where dogs are found. In order to verify available coverage, the identity of the owner’s or renter’s policy must be disclosed. Click [email protected] https://truckaccidentattorneysa.com/dog-bite-lawyers-san-antonio/
Dog bites often cause gravely serious wounds on children. Because of their size, vulnerability, and inability to effectively escape or fight off an attacking dog, they too often suffer disfiguring head and facial wounds, as well as wounds to their arms, legs, and body. The immediate wounds are usually handled at an emergency room, often involving a plastic surgeon. After their discharge, any serious wound will be handled by a plastic surgeon. Depending on their severity, their location and the age of the child, it is common for scars to require revision surgeries. Some may be needed years after the initial treatment.
Paying for all of this is a nightmare for many parents. If there is homeowner’s or renters insurance, two coverages may apply. First, most policies will carry a very low amount of medical payments coverage, generally about $1000. This will be paid to defer some medical expenses even if the homeowner was not at fault. If a commercial policy applies, it could have significantly higher amounts of medical payments coverage.
Second, the policy will have liability insurance coverage which pays for damage done for which the homeowner/dog owner is legally liable. This involves proving fault. Some issues which could come into play would include, were they the owner of the dog, was there a “bad dog” sign posted, was the dog restrained, did the attack happen on the homeowners property, was the child lawfully at the location where the attack occurred, the age of the child, and whether the child was at least partially at fault in provoking the attack?
If there is no health insurance covering the child’s medical care, in most instances, it becomes a question of whether the dog owner, while liable, has liability insurance to pay for the medical and other expenses. In considering the issue of the child’s injuries, they include more than simply the child’s current medical expenses. Careful consideration should be given to the medical expenses the child will need in the future. Thought must also be given to providing for the emotional and psychological treatment needs your child may require. Dog bites often leave emotional scars long after the physical scars have healed. These must be taken into account in holding the owner responsible. Other damages include pain, suffering, scarring, disfigurement, loss of the enjoyment of life as well as consideration of loss of earnings and future ability to earn money. More info @ https://caraccidentattorneysa.com/dog-bite-lawyer-san-antonio/
In cases with serious injuries requiring medical treatment in the future, your lawyer should discuss with you the advantages of a “structured settlement.” These are a particular settlement arrangement which pays out money in future years according to a schedule agreed upon at the time of settlement. They are a form of an annuity funded by a policy of insurance; they also have tax advantages which will save you child money in future years.
Finally, understand the insurance company for the dog owner will begin immediately looking into the facts of what happened. They will assign one or more specially trained adjusters to investigate every aspect of the case. It doesn’t matter to them that it was your child who was bitten. They are specially trained in the techniques needed to investigate your case with one goal in mind, if they can’t deny the claim entirely, to pay absolutely as little as possible to settle your child’s claim. They may call you requesting to see and interview your child or get a statement from you “just to better understand what happened.” They may request copies of your child’s medical records and ask you to “sign a few forms.”
Before you speak to the other party’s claims adjuster, hire a lawyer. There is no charge for the initial consultation. Nor is there any obligation to hire an attorney. Click here for more info @ https://lawyers-pi.com/corpus-christi-dog-bite-lawyer/