Friday, June 26, 2009

Nine Mistakes Dog Bite Victims Should Avoid - Part #1




Nine Mistakes Dog Bite Victims Should Avoid - Part #1

A person who is the victim of a dog bite attack has a legal
right to recover compensation as long as liability can be
imposed against the owner or person responsible for the
dog. Given this right, the insurance company who is
legally obligated to compensate the victim will go to great
lengths to either deny the claim or minimize the amount of
compensation it has to pay. In fact, most people who enter
the claims process are very much surprised to discover just
how far the insurance company will go to avoid paying a
fair settlement. As a result, there are certain steps that
a dog bite victim can take to protect his or her rights and
maximize recovery. Or put another way, there are at least
nine mistakes that I see dog bite victims make. Committing
one or more of these mistakes can have devastating
consequences in the legal claim, or significantly reduce
the amount of compensation the insurance company is
required to pay.

That being said, you should understand that this chapter is
not intended for people who may wish to bring a frivolous
claim or for those who may want to recover an unreasonable
amount of compensation for an injury that is minor or
insignificant. If you bring a frivolous or unfounded
claim, it doesn't matter what you do or don't do because
the insurance company will go to extraordinary lengths to
defeat that claim. Also, when I say that victims should
maximize their recovery, I mean that there are certain
mistakes to avoid so you have the greatest chance that the
insurance company will pay out the maximum amount of
dollars to settle the claim. Here are the mistakes to
avoid:

Mistake #1 - Failing to seek medical treatment promptly.
If the injury is serious enough to warrant medical
attention, then you need to promptly consult with a doctor,
or go to your local emergency room. Insurance companies
may refuse to believe that the injury is serious unless
prompt medical attention has been received. Also, a visit
to the doctor will result in the creation of a chart note
that becomes a permanent record in the case. The magnitude
of the injury, as well as your symptoms, will be recorded
by a professional and this information can be used later to
prove how bad the injury is.

Mistake #2 - Failing to notify the proper authorities. If
you have been bitten, the proper authorities should be
immediately notified. This may include the police or the
local animal control agency. An investigation by the
authorities can produce information and witness statements
that may be critical in helping you establish liability
against the animal's owner. Sometimes the most important
question to answer is, "Who owns the dog?" If you are not
familiar with the dog, or if the dog runs away after the
attack, then an investigation by the proper authorities may
become even more important to your subsequent legal claim.

Mistake #3 - Failing to take multiple photographs of your
injuries and wounds. This is extremely important. Often
times the value of a dog bite injury is heavily dependent
on the appearance of the initial injury, along with the
appearance of subsequent disfigurement and scarring that
develops over time.

You should take multiple photographs over the period of
time that it takes the injury or wound to heal. Insurance
companies will often put a great deal of weight on
photographs, especially if the injury is significant and
any subsequent scar or disfigurement is severe. We have
all heard the adage, "A picture is worth a thousand words."
This is no less true with photographs depicting severe dog
bite injuries, disfiguring wounds, or prominent scars.

About the Author:

Christopher M. Davis is a Seattle attorney focusing on
personal injury cases. He is also known as a dog bite and
animal attack lawyer and has written the book 'When The Dog
Bites' as a legal resource for dog bite victims. For more
information about Washington State dog bite law visit:
http://www.injurytriallawyer.com/practice_areas/dog-bites-an
imal-attacks.cfm

.

__,_._,___