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When To Start The Litigation/Settlement Process in a Dog Bite Case

By Christopher Davis

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Published: 16Aug2009
Word count: 434
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Putting a monetary value on any injury case is difficult, and it gets even more complicated when dealing injuries a child may have sustained in a dog attack. One of the issues to consider is when to start the litigation or settlement process. Although many attorneys believe a case should not settle until the person obtains maximum improvement from the injury, it may not be prudent in the case of dog bite to a child. Sometimes it may take many years before a child's condition may become fixed and stable, but there may be a stronger need to recover compensation to help fund the child's treatment expense or other special needs. Sometimes the child's injuries can resolve or even disappear over many years (like a significant scar), so waiting to resolve the claim can actually produce a lower settlement value. The time frame involved in settling a child's injury claim is really a judgment call by the child's parents, the attorney, and the Settlement Guardian ad Litem.

There is another reason to start the litigation and/or settlement process sooner in the case of an injured child. The child's young age may also provide a compelling basis for the jury or insurance company to determine a higher level of compensation. Simply put, a young child can often evoke more sympathy and concern among jurors than an adult. A jury may be much more willing to award higher compensation if they see how vulnerable the child was at the time of injury. If the settlement of the claim is delayed until the child reaches young adulthood then this compelling advantage may be lost.

In most instances the value of a dog bite case is driven primarily by the extent and severity of the person's injuries. The particular facts giving rise to the claim of liability against the dog owner may also have some influence. Other important factors to consider include the type, extent and frequency of past medical treatment and the need for future treatment. Other factors that may affect the value of a case include, but are not limited to, the victim's likeability and credibility, the extent and duration of the injuries, the victim's age, whether the victim missed time from work, the identities and reputations of the dog owner's insurance company and the defense attorney, the specific legal or evidentiary issues involved in the case, the county or venue where the case has been or will be filed, and the amount of settlements and verdicts for similar types of cases in the past.

Seattle dog bite lawyer Christopher Davis represents dog bite attack victims who have suffered serious injuries, rabies, puncture wounds and scarring, emotional trauma and wrongful death as a result of the attack. As a resource for victims of any dog bites or animal attacks, Chris Davis wrote the book "When the Dog Bites" to provide legal advice for those in need.

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