Complex Cases
Any lawyer can claim to handle “dog bite” cases. However, a general practitioner lawyer — or one who handles case in high volume — can easily become overwhelmed by a particularly complex scenario.
What are these scenarios?
Challenging Fact Patterns
What if the dog has not previously bitten or has never “escaped” or ran “at large,” yet a bite occurred anyway? Many lawyers give up and pass on offering representation, with facts like that.
We do not.
In one case declined by a notable firm that advertises on TV, we received a gross recovery of $100,000. In another case declined by a different TV lawyer, obtained a significant settlement. How did we do it? We contacted neighbors in the area, to see if anyone saw the dog act aggressively before. Even though the dog had never bitten anyone, it had growled at neighbors, and that was enough. We received a settlement of $121,500.
Medical Liens
These can get very complicated. If your health insurance paid for your treatment, do you have to pay back your health insurance out of your dog bite settlement? Your lawyer may have to read the fine print of your insurance plan. This also involves the interplay between state and federal law (ERISA).
Identifying All Parties to Sue
Many lawyers refrain from bringing a claim against a landlord, for example, due to the law in this area. Not only have we brought such claims successfully, we have written on the subject at length to each other lawyers about this area of law. Is a governmental entity at fault? Was the dog owned by the police or a K-9 unit? We look at all possible claims.
Understanding the Interplay of Criminal Law
The attack in your case may also involve a criminal hearing. Therefore, your Pennsylvania dog bite lawyer will need to be familiar with both civil law (governing claims for money in court) and also some criminal law.
Special Issues Involving Children
The settlement of claims by children requires approval by the court. In addition, CHIP often pays for medical bills for many children, so that involves a lien issue. Plus, there are recent changes to filing procedures in terms of information and documents. Special forms are needed.
Complex Issues
A lawyer unfamiliar with this area will struggle and there will be delays in terms of completing the settlement.
1. Nuances of Liability Law. Click here.
2. Health Care Liens Against Your Recovery. Your lawyer should try to negotiate these liens down. Click here.
3. Claims For Children. Click here.
4. Special Medical Problems. Click here.
5. Criminal Charges. Click here. We have criminal law attorneys on staff who help initiate, evaluate, and monitor the progress of criminal charges against the dog owner for his or her reckless and endangering conduct.
6. What damages can you expect, from being bitten? Click here. Can you get an award for Punitive Damages? Click here.
7. What if you were not bitten but witnessed (saw or heard) someone else bitten? Click here.
7. What to Expect Of Your Lawyer? Here are five (5) things your lawyer must demonstrated to get you top dollar:
8. What if you suffered lost earning capacity from the attack but it is difficult to prove?
A. Hard Work
It starts with hard work on each case. Your Pittsburgh lawyer should not handle cases in great volume like an assembly line, because no two cases are alike. Each case requires unique effort to get the highest possible recovery.
B. Thorough Investigation
Facts (not exaggeration or speculation) win cases. Your Pittsburgh attorney should go to the location of the dog attack. We interview witnesses and follow up. An attorney should observe Facebook posts and every detail relating to the case. We will investigate the animal/pet owner and the owner/occupier of the premises where the attack occurred. W obtain your medical records to further evaluate the value of your dog bite case. In particular, we will obtain your medical, chiropractic, and physical therapy records including diagnostic tests.
C. Sincere Belief In Your Case
Our dog bite lawyers sincerely believe in the rights of injured people to obtain significant compensation. We deeply believe that is fundamentally unfair for you–or some you love–to suffer pain, suffering, and incur medical expenses for another person’s failure to restrain his or her pet.
D. Insight From Years of Experience
Some cases should be targeted for settlement. Others will require a multi-week trial. In every case, we rely on our broad range of experience in personal injury cases to maximize your recovery while also minimizing the amount of time you spend in court (and away from your job and family).
E. Negotiation and Trial Skills
The best leverage in negotiation is the willingness to go to trial. We have handled all levels of litigation in Pennsylvania: magistrate (district justice), compulsory arbitration, jury trials, superior court appeals, appeals to the Supreme Court of Pennsylvania, and federal court cases. We’ve conducted out of state depositions, depositions for use at trial, we’ve handled cases throughout West Virginia. Our Pittsburgh based attorneys handle cases reported in the press. We know dog bite law case.
We will work to convince the property/premises owner (or the insurer) that the dog attack happened the way you described and that you are entitled to the money you seek. Plus, we can help negotiate down the value of any unpaid medical bills in certain circumstances or, at least, try to prevent unpaid bills from going into collections. Our lawyers will commence litigation and aggressively pursue your dog bite claim as your zealous advocate.
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