You’ve likely seen the personal injury lawyer commercials: “no fee unless we get a recovery for you!” But what is the promised “recovery” that civil litigation lawyers are talking about it? Will the lawyer “recover” your freedom by having the attacking dog removed from your community? Will the lawyer “recover” justice by putting the dog owner in jail?
No, to both.
In the dog bite context, the “recovery” is simply money, plain and simple. In fact, the civil courts exist for one purpose: to bring finality to a dispute by determining whether — and how much money — a party should recover for her dog bite related injuries.
Civil Courts Are Not About Justice
Stepping back and looking at the big picture, one reality becomes clear: civil trials have little to do with “justice.” For example, if new evidence comes to light after a civil verdict, this is not grounds to re-try the case (in contrast to the criminal justice system). In reality, the primary purpose of a civil trial has less to do with “justice” or “fairness,” and more to do with bringing closure to matter, so the citizens involved can stop fighting, and go back to working and paying their taxes. That’s it, and that’s all.
But a dog bite claim — via a civil lawyer — is not a waste of time.
So What’s the Point?
Hiring a civiil attorney to bring a claim against the dog owner (or person caring for the dog) can do at least two things: one, it positions the victim to receive a financial award to compensate her for her injuries. Secondly, it also puts the dog owner — and his insurance carrier — on written notice of the attack. This, in turn, can cause two things: one, the dog owner’s liability insurance carrier (homeowner or renter’s insurance) may drop coverage unless the dog owner gets rid of the dog. And also, it can make the dog owner liable for punitive damages in the event that the dog attacks again, because now, the dog owner consciously disregarded a known risk. Added to that, a verdict for punitive damages cannot be discharged in bankruptcy.
What Else Can a Civil Lawyer Do?
Even though the civil courts only award money, your civil lawyer can help you on the criminal side of things. There, a criminal court judge (or magisterial district judge) can order can impose fines on the dog owner. The criminal system can also order the dog be put down or removed from the premises.
As such, your civil lawyer — who is aware of the system — can help you navigate the process, when the dog warden, or police, or district attorney is too busy to give you the “hands on” attention you need to prepare for court.