When you get bitten or otherwise hurt by a dog, it is possible to seek multiple types of damages from the owner, including financial loss. The claim you place can be settled either in or outside a trial. Each option has its share of pros and cons. Below is a look at the benefits of a dog bite settlement, as well as how one works.
The Benefits of Settling Out of Court
Lots of people prefer not to go to the court with their dog bite grievance, because of the many benefits of this approach, which include the following.
- Faster Resolution: If the parties chose to settle the case outside of trial, it lets the victim move past the incident much more quickly, and gain the closure that they need.
- Faster Financial Recovery: Since the case would be over much more quickly, the money that the victim is owed gets paid to them a lot faster than what a dispute-riddled trial could typically manage.
- Better Control of the Outcome: Settling lets the victim have higher surety of the amount they stand to receive, while removing the risks that come with a full jury trial.
The Need for Skilled Negotiation
Official settlement negotiations generally start off when the victim sends a demand to the insurer of the at-fault party. This letter should lay out in detail why the insurance company must pay for damages, and how the value of the latter was arrived at. It would almost certainly be countered, and negotiations would proceed until both parties are in agreement.
After agreeing to a settlement, a victim loses out almost all chance of recovering additional damages, because this would be part of the wording of the agreement. This is why it is important to stand firm until a fair settlement is reached.
What is a “Fair Settlement”?
As any dog attack lawyer would tell you, a fair settlement is one that, in the process of compensating the victim for their injuries and other damages, considers the following things.
- What compensation the law allows: One can claim compensation for lost income, medical expenses, and other related expenses in the present and reasonably anticipated future.
- The quality of evidence furnished, and probability of court award: If the victim manages to prove that they were bitten, as well as the extent of their injuries, then they stand able to recover damages.
- Other factors: The savings from abstaining from a lawsuit, your perseverance, and the insurer’s readiness to settle are also taken into account.