What is the value of my dog bite case in Oregon or Washington State?
Liability: First, you must prove first liability to have a case worth pursuing. In order to determine liability, Clark Law and Associates, LLC will consider some of the following factors:
- Oregon State Law, if applicable
- Washington State Law, if applicable
- County statutes
- City Statutes
- Was the dog on or off leash?
- Was the dog on or off of the dog owner’s property?
- Did the person attacked do anything to provoke the dog?
- Had the dog previously attacked anyone?
Collections: Assuming we can prove liability, we need to determine if we can reasonably collect if we win. Hopefully, you were bitten by a dog whose owner has assets, such as a home. Most homeowners’ and renters’ insurance policies cover dog bites. If a homeless person’s Pit Bull attacked you, it is unlikely that you will be able to collect, even if you win. A tent and a dirty sleeping bag under a bridge is not going to compensate you for your injuries. However, some counties have a victim’s assistance fund, which can help with your out-of-pocket medical bills, if the district attorney’s office accepts your case for criminal prosecution.
Types of Damages that may be recovered as a result of a dog bite in Oregon or Washington State
- Medical bills
- Future medical bills if you have a doctor that can state that it is more likely than not that you will need future medical treatment and the cost.
- Non-economic damages
- Pain and suffering
- Lost wages
- Lost business profits if self-employed
- Lost earning capacity if permanently injured and unable to work at all or in the same capacity
- Substitute domestic services, if utilized
- Property damaged as a result of a dog attack
- Punitive damages, which are meant to punish, if you can show criminal intent or extreme recklessness
What is the value of my Oregon or Washington State dog bite claim? Each case is individually evaluated. I use the following factors and possibly other factors to determine the value of your case:
- The likelihood we can prove liability
- The likelihood and difficulty of collecting, even if we win.
- Bite location
- Bite severity
- Permanency of the bite
- The possibility of scar revision
- Amount of of past medical bills incurred
- Amount of identifiable and doctor verified future medical bills that are more likely than not to occur
- Past lost wages and any future wage loss
- The inability to perform any activities due to the bite
- Amount of recovery time