Dogs are considered the best friends of human. After all, nothing can beat the joy of parenting one’s furry friend. Unfortunately, even the most domestic and loyal canine is likely to get triggered and become aggressive under certain circumstances. This may lead to dog bite accidents. Besides, a dog bite settlement is either taken for trial or is compromised out of court. Even though every dog bite cases are different from one other, the type of dog bite settlement is determined mainly on the basis of the following two factors.
- If the victim filed a dog bite case against the defendant in court, what will be the maximum compensation he/she will be entitled to after the trial?
- The chances for the defendant to be held liable for the dog bite incident.
If both these factors are positive, the dog owner is likely to go into an out of court dog bite settlement. In order to give you an in-depth idea regarding the same, below are some crucial points that can lead to settling your dog bite case out of court.
The Defendant Must Be Skeptic about the Chance of Winning the Case
For the defendant to settle a dog bite case or, indeed, any personal injury case out of court, he/she must be at risk of losing the case. That is, the circumstances under which the dog bite incident occurs must satisfy the statute of limitations in the state. In a strictly liable state like California, it will be easier for a dog attack attorney to evaluate the case and determine the liability. In this case, the defendant is likely to be inclined to an out of court dog bite settlement.
You will be on the upper hand if the injuries and damages caused by the dog bite are severe. On the other hand, in a state that features no statute or less strict statute, you will have to prove the negligence of the defendant in court. Furthermore, the chances for the defendant to settle the case out of court are high if he has got proper insurance coverage.
The Damages Suffered by the Plaintiff Must Be Severe
The monetary compensation that the defendant must provide to the dog bite victim will be determined on the basis of the injuries and damages suffered by the latter. Some of the main damages that a jury may take into account, in this case, include the medical bills, treatment expenses, loss of wage, physical disfigurement, compound fracture, head injury, spinal damage, amputation, etc. If your dog attack attorney is well-experienced, he/she can obtain compensation for your pain and suffering as well. So, if the liability of the defendant is almost clear and the defendant suffers from potentially high damages because of the dog bite, the defendant may try to settle the case out of court.