How To Recourse Following A Dog Bite?
The dog owner should be asked to claim his home insurer so that the latter can compensate for the consequences of bites caused by the animal. The insurer will owe the total victim compensation for his damage. From experience, we insist on the fact that it is necessary to fill in a report or a document with the owner of the dog indicating in a precise way the circumstances of the aggression by the dog. This will avoid any further discussion.
What Will Be The Compensation For A Dog Bite?
The principle is total compensation for damage. First, it will be possible to negotiate a financial provision with the animal’s insurer. Total compensation can only take place once the victim has been consolidated. If there are still sequelae, the insurer will commission an expert doctor to determine the areas of damage. Then he will make an offer based on the cost of this medical report.
Defense of Your Prejudice
Depending on the extent of the damage resulting from the bite, it may be helpful to be defended by an expert doctor of the victim or even with a lawyer.
Compensation for Dog Bites
In matters of life accidents, damage caused by dog bite lawyer texas is compensated following an individual assessment, as is the case with any compensation for bodily injury. Depending on the conditions of the accident, the level of responsibility of the dog owner, and the status of the victim (child, adult, professional, etc.), the compensation terms will vary.
The Owner’s Responsibility
The responsibility of the owner of the dog is engaged under the Civil Code: The owner of an animal, or the one who uses it, while it is in its use, is responsible for the damage that the animal caused, either that the animal was in its care, or that it was lost or escaped.
This rule applies when the owner has the dog under his care and when the dog has escaped and has been entrusted to a third person. In addition, the owner’s liability before the criminal courts can be engaged as soon as a fault is found in the care of the animal: lack of control of the dog by his master, lack of security of the dog if it is classified.
If the dog attacks its owner or household members, compensation is possible as long as the owner has an “accident of life” insurance contract.
If the dog attacks a third person, the owner’s liability is directly engaged in civil and criminal matters. Therefore, the owner will assume the victim’s compensation, following a court decision if an inexcusable fault is attributable to the owner or if the victim contests the claim amount of compensation proposed by the insurer.
Suppose the dog owner has taken the trouble to inform him of the dangerousness of his animal, employing a warning sign, for example. In that case, his responsibility may be excluded, totally or partially. The owner of the dog can invoke an “irresistible and unpredictable” external element. And in this situation, the victim can be held responsible for reckless behavior since he willfully ignored the warnings.
The Importance of the Expertise of the Bite Victim
Because it is a bodily injury, expertise is required to quantify the damage to the victim of bites. This expertise can be undertaken by the insurance company of the dog owner or by the judge (judicial expertise). In dog bites, the cosmetic sequelae can be significant and require skin grafts or reconstructive surgery. It is therefore essential to be particularly vigilant and precise in the assessment of temporary and permanent damage. In this regard, having recourse to an expert doctor for victims will be an essential asset, especially if the latter is independent of the insurance company of the owner of the dog. A lawyer in Personal Injury Law will be able to usefully advise the victim and make available to him an independent medical practitioner capable of preparing the expert’s opinion for the victim’s benefit.
The Case of Bites on Children
Compensation is even more delicate when the victim is a child because a child has not finished growing. Therefore, complete and definitive reparation for its damage can only be considered after its consolidation and growth, particularly concerning aesthetic damage. However, the parents of the child victim are justified in requesting provisions promptly from the insurance company. Do not hesitate to go to court if it turns out that the insurance company because consolidation has not been established, refuses the payment of provisions to the victim’s family.