A Legal Guide to Damages That Can Be Recovered in a Georgia Dog Bite Case
Key Points
- Compensation: Georgia dog bite victims may recover settlement compensation for their injuries under the State of Georgia’s tort law. The amount of a settlement or verdict award will vary depending upon the specific details of the dog attack.
- Recoverable Damages: Injuries and damages for which you may collect include medical expenses, lost wages, pain and suffering, wrongful death compensation if the attack resulted in a fatality, as well as, in some cases, punitive damages. Punitive damages may be awarded if you can prove the dog was previously known to be dangerous or aggressive.
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Dog attacks can leave victims severely impacted by the experience. Recovery from these injuries and damages can be difficult and costly. Nevertheless, Georgia’s law concerning these incidents (O.C.G.A. § 51-2-7,) allows victims to seek compensation for the many kinds of dog-bite injuries and damages.
Retaining an experienced personal injury lawyer who understands the complexity of such cases. Such legal representation will ensure that your claim lists all the injuries and damages you suffered as well as those medical and emotional damages which you may suffer long-term
Your legal team’s ultimate goal is to make certain that your compensation package deals with every phase of your recovery and compensates you for all the costs you incur as the result of the attack.
What Can Be Covered in a Dog Bite Legal Claim?
In preparing a claim for dog-bite injuries, your lawyer will make every effort to identify direct and indirect damages. These amounts will include medical expenses not just for immediate care – for things such as hospital expenses, surgeries, physical therapy, and medication – but also future medical needs if and as they arise.
Your claim will also make claims for lost wages or changes to your earning capacity if the attack leaves you unable to return to work.
There are also certain non-economic damages that can be claimed including pain and suffering. Such a claim would address not just your physical suffering, but also associated emotional distress and anxiety.
In some severe cases, injuries can lead to long-term, or even permanent disabilities requiring lifestyle changes. These hardships can also be included in your claim. If there is a fatality associated with the dog attack, the victim’s family may pursue a wrongful death claim which can include funeral expenses. Of course, an economic loss cannot be calculated in the loss of a loved one, but such losses can and should be included in the claim for compensation.
When the dog is known to have been aggressive in the past, punitive damages can be requested to punish the reckless behavior of the dog’s owner and, hopefully, deter future negligence.
Medical Expenses: Gathering records which express your total financial outlay is extremely important. This total should include not just initial medical costs like hospital stays and surgeries, but also subsequent care such as follow-up visits, physical therapy, rehabilitation costs, as well as medication needs.
Lost Wage or Job Expenses
If the dog bite injury prevents you from working temporarily or permanently, you may be entitled to compensation for the income you have lost or will lose as a result.
Pain and Suffering
Pain and suffering damages may be awarded for the physical and emotional distress caused by the dog bite incident. While it is challenging to put a monetary value on pain and suffering, your legal team will consider the severity of your injury, the impact on your life, and the duration and extent of pain and emotional suffering.
Wrongful Death
In wrongful death cases, damages may be awarded to compensate the victim’s family for the loss of their future enjoyment of life. A victim’s estate may recover damages for pain and suffering, medical, and final expenses.
In the case of the loss of a spouse, Georgia law may also allow damages for the loss of their companionship, guidance, and support. These damages are known as loss of consortium.
Punitive Damages
In some extreme cases, particularly if the dog is known to have a history of aggressive behavior, punitive damages may be requested and can sometimes be recovered.
Collecting for punitive damages can be an uphill battle because insurance representatives will probably attempt to avoid such claims. Their aim is to settle claims quickly and for as little as possible. Having an experienced attorney to represent you in a dog bite claim is extremely useful since they know how to fight for you in these circumstances and, most generally, can help you get full and fair compensation for your damages.
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Yes, you have the right to seek compensation for your injuries if you were bitten by a dog in Georgia.
Your claims may include medical expenses, treatment, medication, rehabilitation, surgeries and scar revisions, past and future medical care, lost wages, and pain and suffering.
Yes, you can file a wrongful death claim on behalf of a deceased family member who suffered a fatal dog attack.
Not necessarily. Many dog bite cases are settled out of court, but there are no guarantees that filing a lawsuit will not be necessary. In dog bite and attack cases, it is not uncommon for the dog’s owner to deny fault or hide their homeowners insurance information, or for the insurance company to try to downplay the severity of your injuries. If this happens, a Georgia dog bite attorney, such as The Millar Law Firm can advise you whether filing a lawsuit is the best thing to do.
Damages in a dog bite case are calculated based on factors such as medical expenses, lost wages, and pain and suffering, scars and emotional distress. In the case of wrongful death, compensation for the loss of future life and earnings are also considered.
