Your top priority after being attacked by a pet dog should always be your health.
Aside from obtaining a diagnosis and determining your next steps, seeing the doctor serves a critical legal purpose: it creates a paper trail, ensuring that your injuries are documented and that an insurance adjuster or defense lawyer cannot easily contest their severity.
However, your initial visit often won’t be your only trip to the hospital. If your physician has recommended reconstructive surgery, physical rehabilitation, or any other procedure, it is in your best interest to do what they recommend to get better. In New York, dog bite victims are legally obligated to mitigate damages by seeking care and following the doctor’s orders. Failing to follow through could have big consequences for your claim, including the possibility of reduced damages and a smaller settlement.
If you’re struggling to pay your medical bills, a dog bite lawyer could help explain your options for obtaining care in anticipation of a settlement.
2. Document Your Losses
You can only file a personal injury lawsuit against a negligent dog owner if you have compelling evidence that you have suffered a physical injury, serious financial loss, or some combination thereof.
Before taking action, try to collect documentation of your damages. This could include, but is not limited to, the following:
1. Pictures or photographs of your physical injuries;
2. Insurance statements for an ambulance ride or emergency room visit;
3. Copies of any diagnoses or treatment plans;
4. Copies of your doctor’s orders and referrals; and
5. Paystubs or earning statements from work, to calculate lost income.
If you don’t have all this information readily available, your New York dog attack attorney could help you obtain relevant documentation during their initial investigation.
3. Understand Your Options for Compensation
If you get injured by a pet dog in an unprovoked attack, you are likely entitled to compensation for your existing and anticipated medical expenses. Your options for recovery could include:
1. Filing a health insurance claim. Falling back on your personal health insurance is often the easiest way to cover some of your medical bills. If you are expected to put money toward copays or deductibles, you could receive reimbursement through a personal injury lawsuit.
2. Filing a homeowners’ insurance claim. If the dog owner had a homeowners’ insurance policy or a renters’ insurance policy, it may provide coverage for any animal attacks occurring on the property.
3. Filing a personal injury lawsuit. Personal injury lawsuits require evidence and advance preparation, however, they provide a better opportunity to recover a wide range of damages than a standard insurance claim.
4. Don’t Let Adjusters Undervalue Your Claim
If you’ve already filed an insurance claim, understand that adjusters don’t always have your best interests at heart. Initial offers of settlement are often structured to benefit the insurance company—not you, and not your family. They might include money for some of your existing medical bills, but not your emotional pain and suffering or other damages.
Depending on the circumstances of your claim, you could also be entitled to compensation for:
1. Your anticipated care needs;
2. Physical rehabilitation;
3. Lost income from work;
4. Pain and suffering; and
5. Disfigurement.
New York doesn’t cap personal injury damages in most personal injury claims.
5. Contact a Dog Bite Lawyer
You don’t have to take chances with your right to a fair recovery: contact the Dietrich Law Firm P.C. at 716-839-3939 to speak to a dog bite lawyer and schedule your free consultation.