Recover what you deserve from your dog bite injury
Injuries from dog or animal bites can have many lasting consequences. Let’s begin your journey to recovery and maximum compensation.
Common Types of animal bite injuries
01
Puncture Wounds
02
Lacerations
03
Infections
04
Nerve Damage
05
Scarring and Disfigurement
06
Emotional Trauma
07
Rabies Transmission
08
Contusions
The Whiting approach to
personal injury law
Why having a trial mindset is important even if you don’t go to trial.
Settlements with insurance companies happen because they want to avoid the risk of a bigger verdict in court.
Even if the plan is to settle out of court, approaching the claim or case by considering what might happen in court has great value. Evaluating your case this way means seeing the facts and circumstances through the lens of seven jurors listening to the evidence.
Because of Jason Whiting’s experience as an insurance claims adjuster and defense attorney for insurance companies, he understands that processing your case facts with a trial mindset is the best way to provide sound counsel and help you achieve maximum compensation.
Important questions about dog bite injury cases
1. Can I settle with the insurance company without a lawyer?
Sure, if you value a quick, lowball settlement more than you value maximum fair compensation (and some people do). Based on Jason’s years of experience as a claims adjuster and insurance lawyer, he is confident that his help will net you more money than you otherwise would facing the insurance company alone. Why is that? Insurance adjusters settle personal injury claims to avoid the risk of an even bigger verdict in court if the case doesn’t settle. If you have no lawyer—the insurance company has no real risk. If you have a decent lawyer—they carry some risk. If you have a skilled trial lawyer like Jason—huge risk. Simple as that.
2. How does liability affect compensation in dog bit cases?
In dog bite cases, it’s essential to recognize that the owner of the dog is typically held liable for injuries caused by their pet’s actions. This legal responsibility extends to various scenarios, whether the incident occurred on public property or within the owner’s premises. In cases of negligence or failure to control the dog, the owner’s liability remains a key factor. This concept is important to understand as it forms the foundation for seeking compensation for various damages resulting from the dog bite. With Jasons expertise as a former insurance adjuster and representative for insurance companies in litigation, you can trust that your claim will be meticulously evaluated and pursued for maximum compensation.
3. How do my medical bills get paid after a dog bite?
When dealing with dog bite injuries, the role of your health insurance is significant. Many injured Virginians think they don’t have to pay their medical bills because the at-fault party’s insurance company will pay them. The at-fault party (or most likely his or her insurance company) is responsible for your medical bills but does not pay those bills as they become due. Rather, the bills are considered as part of the personal injury settlement amount (or verdict if the case is tried). Therefore, while your personal injury claim is pending, you are still responsible for whatever portion of copays or deductibles you might owe after your health insurance processes and pays the bills. In other words, you must absorb the cost of your medical treatment in the near-term. This is not ideal, but it is the reality of the process.
4. Will I have to go to court to get compensated for personal injuries?
Jason approaches cases by evaluating the facts as if they are going to court; however, you will only go to court if you decide to – it is always your decision. Jason will make recommendations about whether to accept any settlement offers or file a lawsuit. He offers sound counsel, not pressure, because ultimately it’s your decision.
More than 90% of personal injury claims settle outside of court. Although, sometimes filing suit and litigating for a while is necessary to obtain maximum compensation from the insurance company.
5. General District Court (GDC) vs. Circuit Court?
GDC personal injury cases are decided by a judge, not a jury. They are less formal, less stressful, and quicker. The most you can be awarded in GDC for personal injuries is $50,000 plus costs and interest. We typically recommend GDC for cases that are not obviously worth more than $65,000 (taking into account potential costs of circuit court litigation).
Circuit Court personal injury cases are usually decided by a jury. Unlike GDC, these cases typically last a year or more and involve a lot of formal discovery and expert witnesses. The upside is that you can sue for as much money as your case might be worth.
So where would we file your case? That depends on the projected value of your case and on your goals—some clients value the efficiency of GDC, especially if we are not confident that a Circuit Court case would ultimately prove more lucrative in the long run. This is evaluated on a case by case basis.
Liability And Fault
Who is at fault in a dog bite injury?
In cases of dog bite injuries, the owner of the dog is typically held liable for the incident. It’s the responsibility of the dog owner to ensure their pet’s behavior does not pose a threat to others. This accountability forms the basis for seeking compensation for injuries resulting from the dog bite. As a former insurance adjuster with insight into the tactics used by insurance companies, Jason will advise you on the best legal course if you have suffered from a dog bite injury.
How is fault determined in a dog bite event?
Determining fault in a dog bite event involves examining the circumstances leading up to the incident. Factors such as whether the dog had a history of aggressive behavior, if the owner took appropriate measures to restrain or control the dog, and the location of the incident are considered. Jason takes time to understand your dog bite incident and evaluate the intricacies of your case in order to accurately establish fault.
What role does negligence play in dog bite injury claims?
Negligence is a pivotal concept in dog bite injury claims. If a dog owner fails to take reasonable precautions to prevent their pet from causing harm, they may be deemed negligent. This negligence can result from actions like not securely confining the dog or ignoring signs of aggression. Establishing negligence is essential for determining liability and seeking compensation. With Jason’s comprehensive understanding of personal injury law and insurance dynamics, you can build a strong case that showcases the role negligence played in your dog bite injury.
Insurance and coverage
What insurance coverage is available for dog bite injuries?
In dog bite injury cases, homeowners’ insurance policies often provide coverage for such incidents. These policies may cover medical expenses, legal fees, and even compensation for pain and suffering resulting from the dog bite. Jason’s expertise in insurance matters allows him to navigate the intricacies of insurance policies, ensuring that you leverage the available coverage effectively.
How can an attorney help maximize my insurance coverage for a dog bite injury?
Having an attorney like Jason, who has experience as an insurance adjuster and who has represented insurance companies in litigation, can be immensely beneficial. Jason’s unique perspective allows him to anticipate the strategies used by insurance companies to minimize payouts. He can negotiate effectively on your behalf and ensure you receive the maximum compensation available under the insurance coverage. He will leverage his comfort in the courtroom to get settlements outside the courtroom.
Do I need to communicate with the dog owner’s insurance company directly?
While you may interact with the dog owner’s insurance company, having legal representation is highly advisable. Jason’s background uniquely positions him to communicate effectively with insurance companies, ensuring that your rights are protected and that you’re not taken advantage of during the claims process. His experience in the insurance industry equips him with the knowledge needed to navigate these interactions strategically.
Compensation and damages
What types of compensation can I seek after a dog bite?
Dog bite victims can seek various forms of compensation, including medical expenses for immediate and ongoing treatments, potential surgeries, lost wages due to time away from work, pain and suffering resulting from physical and emotional anguish, and even compensation for any scarring or disfigurement. Jason takes time to educate his clients so that they are empowered to make the best decisions regarding their cases. He is also a straight-shooter. Jason believes that one of the biggest mistakes lawyers make is acting like their client’s cheerleader-in-chief rather than the client’s counselor at law (perhaps out of fear that being candid will lose the client). Jason is transparent and pragmatic, and he sets expectations that align with reality.
How is compensation determined in a dog bite injury claim?
Compensation in a dog bite injury claim is determined by evaluating both economic and non-economic damages. Economic damages encompass quantifiable costs like medical bills, property damage, and lost wages, supported by bills, receipts, and financial records. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more challenging to quantify but often include before-and-after evidence from witnesses who know you well. With Jason’s comprehensive approach, you can rest assured that all aspects of your suffering will be considered to ensure fair and comprehensive compensation.
Can I recover medical expenses, lost wages, and costs for pain and suffering?
Oftentimes, yes. A skilled attorney like Jason Whiting can assist you in recovering a range of damages resulting from a dog bite. This includes compensation for medical expenses incurred due to the injury, lost wages due to time taken off work for recovery, and pain and suffering caused by the physical and emotional aftermath of the incident. With Jason’s understanding of insurance complexities and legal intricacies, you can confidently pursue all forms of compensation available to you.
Jason Whiting
“I understand how insurance adjusters work because I used to be one. I also represented insurance companies for many years. If you’ve been injured in southwest Virginia, you deserve a skilled trial lawyer to give you a powerful voice.”