Buffalo Personal Injury Lawyer News5 Tips To Get Compensation For Lost Wages After A New York Dog Bite Accident
1. Understand Your Rights After a Dog Attack
Dog bite victims have a legal right to obtain compensation for their injuries, but state law could determine and limit your right to recovery. In most cases, pet owners are strictly liable for a victim’s attack-related medical expenses but may not be liable for other types of damages or loss unless they knew, or had reason to know, that their dog was dangerous.
Proving negligence is not always possible, but establishing a pet owner’s irresponsibility could significantly impact the course of the case—and the size of your settlement.
2. Document Your Earnings
If your accident caused you to miss or take time away from work, you could be entitled to compensation for your losses. Obtaining reimbursement typically involves:
1. Proving that you were injured;
2. Proving that your injuries caused you to miss work; and
3. Proving that your injuries and time away from work caused you to sustain economic losses.
Many accident victims can meet these requirements by collecting and preserving evidence of their losses. Relevant evidence could include:
1. Your medical records;
2. Police reports;
3. Detailed copies of your work schedule;
4. Recent paystubs, earning statements, or invoices; and
5. Any correspondence from or with your employer substantiating your inability to work.
3. Collect Evidence of Reduced Earning Capacity
Dog attack-related injuries don’t always disappear within weeks, months, or years.
If your injuries seem likely to interfere with your ability to return to work or continue sustaining yourself, you could file a claim for damages related to your reduced earning capacity. These damages are available to employees and New Yorkers who own a business or work for themselves.
In calculating reduced earning capacity, insurance companies will typically consider factors such as:
1. Your age;
2. Your injuries and overall health;
3. Your current level of education;
4. Your current role;
5. Your expected career trajectory;
6. Your history of promotions; and
7. The projected market value for somebody in a similar position.
Claims for reduced earning capacity are often contentious, making it all the more important to obtain experienced counsel before moving into negotiations.
4. Assess Your Other Damages
If you’ve been injured in a dog attack that was not your fault, you could be entitled to additional damages. Depending on the circumstances of your case, these damages could include, but are not limited to, compensation for the following types of loss and hardship:
1. Your outstanding medical expenses;
2. Your anticipated care needs;
3. Physical rehabilitation;
4. Mental health counseling;
5. Lost income from work;
6. Diminished or reduced earning capacity;
7. Physical pain and suffering;
8. Emotional pain and suffering;
9. Loss of enjoyment; and
10. Wrongful death.
Unlike many states, New York does not cap damages in most dog bite-related claims. However, almost all personal injury lawsuits must be filed within the applicable statute of limitations.
5. Schedule a Free Consultation with a New York Dog Bite Lawyer
You should never have to pay out-of-pocket for a pet owner’s negligence.
For nearly 20 years, the Dietrich Law Firm P.C. has fought to protect the rights of dog bite victims. A recognized U.S. News & World Report Best Law Firm, our attorneys know what it takes to build a compelling and evidence-based case for compensation.
Don’t risk your right to a fair recovery: message us online today or call us at 716-839-3939 to speak to a New York dog bite lawyer and schedule your 100% free, no-obligation consultation as soon as possible.