Dogs are beloved pets all across America, but the many dog bite cases that lawyers handle every year are a sign that not all dogs are friendly pets. Specifically, large and aggressive dogs can cause severe injuries in the event of a bite, which can lead to the financial challenges of missed wages, medical bills, and much more. Dog owners are typically liable for any injuries caused by their dogs, which means that victims of dog bites can seek compensation to ease the financial burden of the fallout of such an attack.
This is where a skilled dog bite personal injury attorney steps onto the scene. Dog bite cases are a type of civil liability case, which may require the plaintiff to prove negligence on the part of the dog owner. This process involves collecting evidence, building an argument, and evaluating the financial impact of the injuries. Compensation in cases like these is often shaped by the extent of the damages. Victims can pursue compensation for the full worth of a dog bite injury with the help of an experienced dog bite injury lawyer. Schedule a consultation with a Minnesota attorney from Betz & Port, P.A. by calling the office at (763) 323-6911 today.
Who Is Liable for a Dog Bite Accident in Minnesota?
In nearly every case, the owner of a dog is liable for any damages or injuries caused by their dog. This is because Minnesota follows a strict liability policy in regards to dog bites, according to Minnesota Statutes § 347.22. This means that victims of a dog bite accident or other property damage resulting from another individual’s dog may be able to seek compensation, even if the aggressive behavior was not known before the incident.
However, other factors of the accident could impact the validity of a dog bite claim. Minnesota’s strict liability for dog bite cases may not hold in the face of contributory negligence. When the plaintiff is also negligent or reckless in a way that contributes to the causation of the injuries and damages, they may be blocked from receiving compensation. According to Minnesota Statutes § 604.01, the state of Minnesota subscribes to a policy of modified comparative negligence. This means that if the plaintiff is more than 50% liable for the accident, they will be barred from compensation. Otherwise, their compensation will be reduced by the percentage of the fault they bear.
Factors That Impact the Value of Dog Bite Cases
Understanding the legal basis for personal injury claims will naturally reveal the factors and circumstances that could increase or decrease the value of a settlement or other compensation in dog bite cases. Multiple factors can influence this process, and one of the jobs of a personal injury lawyer in Minnesota is to evaluate the details of a dog bite case and inform their client of the value of their claim. Understanding these details can help victims of dog bites in Minnesota have confidence in the strength of their claim and peace of mind that they are receiving fair compensation.
Speak with a Minnesota dog bite attorney from Betz & Port, P.A. today for a case evaluation.
Severity of Injuries
The first factor that influences the value of dog bite cases is the extent of the injuries resulting from the dog bite. Common injuries from dog bites include puncture wounds, abrasions, lacerations, infected wounds, crushing injuries, and facial wounds. Many dog bite cases can lead to additional compensation for disfigurement or scarring, if such injuries are present. The value of these injuries is generally calculated through medical records and receipts of medical bills.
Lost Wages
Victims of dog bite injuries may also be able to recover damages for lost wages. Compensation in dog bite cases does not just cover injuries and medical expenses, but may also cover tangential costs that arise in the fallout from a dog bite incident. If an injured victim is unable to return to work immediately, they may be able to receive compensation for the wages that were lost due to their injuries. This may also apply to a permanently diminished earning capacity, though that option is influenced by the severity of injuries.
Pain and Suffering
Dog bites can be painful and may lead to severe mental anguish and even PTSD in extreme cases. Pain and suffering damages, however, are not considered economic damages, but non-economic damages. This means that these damages cannot be easily calculated with records and research. Due to the intangible nature of these damages, it can be difficult to argue for them in court. However, in select circumstances, the emotional distress caused by a dog bite injury may warrant additional compensation for the victim.
Contributory Fault
Lastly, contributory fault could hurt a personal injury claim, among other things. If the victim of the dog bite is partially responsible for the accident, their compensation may be decreased by the degree of fault they bear. For example, provoking or aggravating the dog or encountering the dog while unlawfully on someone’s property may bar the individual from compensation. Additionally, other negligence acts or behaviors could decrease compensation for the victim of the dog bite.
Frequently Asked Questions
Listed below are several frequently asked questions regarding dog bite cases in Minnesota.
What Damages Are Recoverable in a Dog Bite Case?
Damages, including medical bills, lost wages, pain and suffering, disfigurement, and even emotional distress or lost quality of life, may be recoverable in dog bite cases. However, the recoverability of these damages generally depends on the severity of the case.
Does the “One Bite Rule” Apply in Minnesota?
The “one bite rule” does not apply in Minnesota. While other states do not hold dog owners accountable for injuries when the aggressive tendencies of the dog were not previously known, Minnesota does not offer these protections. This means that a dog owner may still be liable for injuries caused by their dog, even if these aggressive behaviors had not been apparent before the incident.
Speak with a Skilled Minnesota Dog Bite Lawyer Today
Dog bite cases in Minnesota can be complex and challenging, as they often require in-depth research to determine the value of a settlement. In addition to this, it is common for these cases to be settled with insurance companies rather than going to court. This process involves negotiating with adjusters and making a case to insurance companies based on state law, which can be intimidating and overwhelming. This is why a skilled Minnesota personal injury attorney from Betz & Port, P.A. is here to help. An attorney can evaluate your case, build a compelling argument, and represent you both to insurance companies and in court. Contact the office at (763) 323-6911 to schedule an initial consultation.