Oftentimes, dog bites can cause major injuries, including lacerations, which result in permanent scarring. Dogs who are not properly trained or contained can attack others, resulting in deep bites, broken bones, and extensive cuts that leave permanent scars. These scars can occur on a victim’s face, arms, or legs, permanently changing their appearance. As horrific as these incidents can be, a Dog Bite Lawyer can help you determine what your damages are worth and get you the compensation you need.
Dog Bite Settlement Amounts in California
There is no exact settlement amount for a dog bite claim since each incident varies significantly on various factors such as:
- Extent of damages
- Medical treatment needed
- Insurance coverage limit
- Determination of fault
When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident. Partial liability in California does not mean you are not entitled to compensation. It only means your compensation will be reduced by your percentage of fault in the incident.
So, when considering settlements for a dog bite incident, they will generally fall into three categories. These include:
- Low Settlements: minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your vehicle and medical bill to treat minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
- High Settlements: high settlements typically involve dog bite incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
How Do I Calculate Pain and Suffering for Permanent Scarring in a California Dog Bite Incident?
For non-economic damages like pain and suffering, the state of California caps these damages at $350,000. While there is no fixed template for calculating a specific amount of monetary value of pain and suffering, the severity of your dog bite injury and the impact the permanent scarring has had on your life will be major determining factors. Permanent scarring can change a person’s self-confidence or be a constant reminder of the traumatic injury. These are all non-economic damages that will go into calculating your pain and suffering.
Here are some factors to consider when determining the value of your pain and suffering due to your permanent scarring:
- The extent of recklessness, or intentionally harmful acts committed by the liable party
- How long your injuries have lasted and what permanent damage has been done to your life
- The general physical and emotional distress sustained by others with a similar injury
- The impact your injury has had on your professional career
- The medical treatment received and ongoing treatment required
- Permanent changes to your daily life and if a full recovery can be expected
- Visibility of the scarring and how much it has changed your appearance
- Your mental health after such a change in your physical appearance
It is important to know there is no set standard in California law for pain and suffering other than the damages awarded shall be reasonable. There is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
How to Prove Dog Bite Liability in a California Dog Bite Incident
California Civil Code Section 3342(a) states the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. California is a strict liability state, so it does not matter whether the dog owner was careless or not, they are still liable if their dog bites another person. The code also states the owner is liable if the victim is bitten on public or lawfully private property. In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property or the victim has a lawful right to be on private property when they were bit
- The victim suffered an injury as a direct result of the dog bite
Contact a Dog Bite Liability Lawyer
If you’ve sustained injuries from a dog bite or your dog has bitten another person, it is advisable to speak with a dog bite liability lawyer about the incident. At Maison Law, we prioritize the safety and well-being of dog owners and dog bite victims alike. Our team of liability attorneys will help you understand the legal avenues available to you and recommend the best course of action for your situation. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
