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larann78 | Settlement question dog bite...? |
My husband was installing carpet a clients house when the owners dog attacked my husband in the face. He had to be closed by a plastic surgeon and will have to have another surgery 1 year from now. He is DEVASTATED that his face is permanetaly scarred and now he is having nightmares and is ashamed to leave the house for fear that people will stare at him. Long story short...We are not getting a lawyer involved, but what is a fair settlement to accept out of this. We are thinking 65,000 is fair....but have never dealt with this before. Thanks for any help
Additional Details
forgot to mention....we will be settling with the homeowners insurance company |
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Karen B
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I applaud you for not running to an attorney on this. They aren't worth their 35% at this point of the game.
It is hard to say what the claim is truly worth without knowing several variables. When adj settle an injury claim we take into account the size and permanency of the scar, the age and looks of your husband also play a role, (a 18 year old female model would get more than a 60 year old customer service rep), the aggressiveness of the attack (how many bites), etc. How big is the scar? Do you want 65k plus meds or 65k total. What type of dog? How many wounds and where on the face? Scars healed well or complications? What type of surgery? Give me some of the above info and I will be able to give a better opinion.
**REVISED ANSWER***
I think you have a valid point that your husband works with the public. The scar is at the center of the face in a noticeable area. He is young and I am sure he is an attractive man. Most homeowners policies have 100k in liability. I would start there. I would argue the need for future medical to help reduce the scar, though it is permanent. You will most likely need a letter from the doctor confirming the need for this future treatment and approx cost. When you go to meet with the adj so they can see the scar make sure husbands hair is clean cut, he is very nicely dressed and presentable. They are looking to see what he is like, is he the type of guy that cares about his appearance, will this scar bother him. Also advise of his current career with the public. He is a representative for the company he works with and that has some weight. If your husband is truly emotionally bothered by this have him go to the counselor, it will help with the claim. Start with 100k for everything and negotiate down to 70k (assuming meds to be about 20k). I think you have a good argument for 40-50k in disfigurement and pain and suffering if the scarring is as bad as it sounds (I am picturing a big obvious scar from say 10 feet back). Getting bitten by a dog can be traumatic and it hurts. I got bit on the arm and thought I was going to die.
Also don't be in a hurry to settle the claim. Find out what the statute of limitations is in your state. The claims rep you are working with will tell you if you ask. |
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banananose_89117
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I would not settle for at least 18 months after the incident, based on the length of time in your state you have to file a complaint if needed.
Each person has a limit on the house liability insurance and it varies from state to state for minimum and how much the homeowner wants to cover.
Since you are talking of another surgery, I would not settle right now OR I would ask for the entire amount of liability insurance. Because you don't know if this is truly the last surgery and how much the total surgery will cost, e.g., hospital, surgeon, etc., $65K may not be enough.
Plus he would get money in court for pain and suffering. With his nightmares, which is called post traumatic stress reaction, he should be seeing a counselor/therapist and the insurance should cover that.
And did you know as the wife you can also go after money for what is called "loss of consortium" which is companionship, intimacy, and your need to help take care of him.
I would talk with a personal injury lawyer because many will give you a free first-time consult. Some times the lawyer, even with the fee, will get you more money in the long run and definitely knows what the injury is worth!
Don't be pound wise and penny foolish. |
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justwondering
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When you say client I assume that your husband was under contract with the owner - making this an industrial accident which should be covered under Workman's comp insurance. It would then be up to the state laws which set out what cash pay out is attached to job related injuries. It would be also up to the Workman's comp insurance company to subrogate against the owners insurance - taking you out of the equation all together. If on the other hand you husband is uninsured or doing scab work, then the home owners insurance is the first line - in which case $65K is low. Ask your own agent what kind of payout a dog bite usually gets (this too may vary by body area and geographical area). |
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S17V
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Based on your husband's age, and the severity of the permanency of the scarring - your demand sounds somewhat fair - does that include medical bills? or is that only for pain and suffering? You should probably expect settlement at $50K or so for pain and suffering - it depends on how the permanent scarring will be in the future.
As for not getting an attorney, that's a good idea, they'll take anywhere from 35-40% of the top and most likely won't get more than what your asking for. |
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Michael
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Greetings! I'm Sorry for your husbands physical and emotional suffering. You REALLY should consider getting a lawyer as you should be entitled to a substantial personal injury claim and settlement. If the dog owner and/or landlord have a homeowners insurance (often required) that would most likely cover this type of owner liability (tort), and these insurance policies often have a minimum of $100,000 + liability limit. And if they (dog owners) have additional assets (home. business, investments, etc.) they will most likely carry additional insurance. I know that personal injury cases are often on a contingency basis, but settlements that they are able to get will more than make up for the contingency percentage. Also, if your husband was working, either on the clock, acting as agent, or otherwise, you may have additional remedies with the employer (and their insurance company). Please at least meet with a lawyer for a free consultation. And know that the average settlement for this type of tort claim handled by a (competent) lawyer is more than 4 times greater than without a lawyer. I hope this is of some help, and I hope your husband fully heals, and does so soon. Feel free to contact me with any additional questions or concerns. Best of luck, and best wishes to you both. |
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legalchick791
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Don't play around...get an attorney |
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Sandy Sandals
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Wow, that's hard to determine. Depending on the extent of the injuries and any surgeries he may have in the future....it may be worthwhile to consult a lawyer but not have him handle the case. You might need someone to read over stuff before you sign any settlement, which strips you of some rights to further litigation. |
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DingoJane
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No, do not milk the accident for money. Tell you husband to see a therapist. I also have a big scar on my face from a german shepherd bite. But no one even cares. Why in the world would someone care that I have a scar on my face? It makes for good conversation and I can sometimes make up big wild stories.
As long as you love him and he can get the surgeries, dont ask for money from these poor people.
It was an accident. |
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rogerbondage007
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never, ever settle a dispute this way. ALWAYS have a Lawyer to make sure Your interests are looked after. What if your husband needs medical issues taken care of 2 years from now? 65K is nickels & dimes. Anyone who trys to settle a personal injury suit by themselves has a fool for a Client. I was run over by a Mack truck 15 years ago..do u think I settled it myself, hell no.NO Insurance company will do u right, especially someone's Homeowner insurance. Hire a Lawyer immediately and DO NOT PICK ONE OFF TV. A GOOD Lawyer will have satisfied Clients that will refer you to them, BAD Lawyers use TV to drum up Business..and they rarely go to Court. Your Husnband is DISFIGURED for life, what about Mental issues that will arise in the next years..who should pay for that. I have gone to court 70 times in VA. IF I had no representation,..THEN I would have nothing./ Smarten up/ IF u take their offer You will be very sorry. NO company offer s anyone anything right. U should be looking at 500K NOT 65K..are u nutz,,,get a Lawyer. Hell I got 10K per scar...do the math |
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