FAQ – Go it Alone? 

You may have heard of a dog bite victim representing himself and getting significant money from the dog owner or his liability insurance carrier.  Truth is, it happens, but it’s rare.

People represented by lawyers get more money — on average — for their injury claims.  In one study by a company called Nolo, the people who retained counsel received an average of $77,600 in compensation for personal injury claims. However, the average for those unrepresented? $17,600. 

 

“Fool For a Client” 

It’s usually a bad decision for a attorney to represent himself, because “attorney” and “client” wear two different hats.  The attorney must counsel the client objectively about different options. Should we just write a demand letter?  Should we file suit?  Accept the offer to settle? Or take the claim to a jury trial?  With that, the client must then call the next shot, often relying on her intuition.

In light of these different roles, Abraham Lincoln once observed: “The man who represents himself has a fool for a client.” Therefore, even if you — not trained to practice law could suddenly become an expert on dog bite law — self-representation is typically a bad idea. 

Also, the Rules of Civil Procedure in Pennsylvania require that your claim be dismissed, unless you follow through correctly on your lawsuit.  Click here to read the rule about “non pros,” for example, the method to dismiss an inactive civil case.  

  

Too Much to Learn

Avoid Getting Short Changed

No dog owner or their insurance company will take you seriously unless you present the risk of taking them to court.  But to do so, you’ll need to know: 

• • • How to fill out the complaint to start the lawsuit, 
    • Even if you sue in small claims court — requiring just a “form” to be filled out (click here for more), is it a good idea? There, a judge can award no more than $12,000.  However, your claim — even for “just a scratch” might be worth considerably more, and 
    • How to proffer (or offer) evidence to be considered by the judge.  

Mistakes Made During Settlement

Dog Bite claims carry huge risks beyond the risk of settling for too little.  Once you get the settlement, you’ll be asked to sign a release of all claims. Should you release all claims on all potential parties?  Is there someone – such as a dog co-owner — who has insurance that could contribute to the settlement? 

And, from the settlement, do you have to pay anyone back?  Your own health insurer may have paid for your health care:  ambulance, hospitalization, scar revision, etc.  What are the consequences of failing to pay them back, when required?  The consequences can be severe, especially if Medicare or another state entity paid for some of your treatment.  Contact us for more information.  

 

Let’s Get Started! 

Contact an attorney at our Western PA firm for any canine attack related matter. 

412.400.5476

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