DOG BITE CASES

The following are some frequently asked questions concerning dog bite cases:

Q:  My daughter was bit on the face by a neighbor’s dog.  How should I proceed? Do I have a right to collect compensation for her injuries?

A:  Once you retain our office, we’ll start processing the claim and make sure that we secure the maximum funds available to compensate your daughter for her injuries.

Make sure the police and/or the SPCA are called after the attack to establish the facts of the claim. Also, take pictures of the dog, if possible, and the area of the attack. And make sure you take pictures of the scar area and bring them in for our review.

Delaware law provides that an injured party can often make a monetary claim for a dog bite. These claims consist of payment of medical expenses and pain and suffering from the bite.  Scarring is also an important element of damages.

Delaware does not have a “first bite free” rule as is other states.  In other words, Delaware has adopted strict liability, meaning that if a dog has bit a person who did not incite the attack, there likely is a claim.

Make sure your daughter follows up with all her doctors to obtain the maximum medical recovery.  We may want to contact a plastic surgeon for an evaluation. In some cases, the psychological damage caused to a child from a dog bite is very great; speak to us about a referral for professional help.

Q:  Will there be a way for my daughter to collect on her claim?

A: The key is to find insurance that will pay the claim. Many homeowners’ insurance policies and rental insurance policies provide for payment of claims from dog bites. These policies may also include certain “med pay” provisions that could pay for medical expenses.  In order to properly investigate your claim, we’ll need to sit down as soon as possible to discuss your rights.

Q: Once I collect, how is the money kept for my daughter?

A: You as parent would make the claim as the guardian. Any funds you collect must be approved by the Court and kept in a special bank account until your daughter reaches age 18. The Court may, in unusual and emergency circumstances, permit you to withdraw funds for the care of the child.

Q: How do I get in touch with you?