Projecting the achievable damages from a regular case requires extensive understanding of many of its aspects and details. In matters like dog bite injury, however, it is possible to get a rough idea by following certain guidelines. Following is a look at how dog bite damages are calculated in the state of California.
Cost of Treatment and Income Loss
The first consideration focuses on any costs you may have incurred for receiving medical treatment for the dog bite injury. After that, any lost income resulting from the dog bite is taken into consideration. When determining the combined amount, the presiding judge would look at the cost of treatment already received, as well as the cost of treatment you will need to receive later. If, for instance, you received stitches for the bite or bites, that would be covered in damages. Cost of treatment for any resulting infection would also be added to this.
Non-Economic Losses
Other than medical costs and loss of income damages, the judge could also grant non-economic losses as part of the dog bite settlement. This is a form of compensation based on loosely defined factors, and can include emotional stress, pain and suffering, etc. The assessment of this would be done based on a per diem system, where the victim’s suffering and pain during each day is calculated, and then multiplied by the number of days he or she is excepted to suffer for.
Exceptions
In some instances, the victim may be denied damages for the dog bite that they suffered from. Despite strict liability applied to these cases in California, where dogs and dog owners are liable from the first bite onwards, not every dog bite victim wins damages in court. If the owner is able to prove that their dog was provoked, then the victim is not eligible to receive compensation for injuries or consequent suffering. Some cases turn tricky because while being bitten, the victim was at the dog owner’s property and lacked consent for the same. In such cases, it is not necessary for compensation to be granted.
Hiring a Dog Bite Lawyer
It follows that after a dog bite incident, the dog’s owner would typically do anything in their power to show that the victim was to blame as well. A competent dog attack lawyer can help greatly with fighting such counter claims and arguments.
