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When To Start The Litigation/Settlement Process in a Dog Bite Case

Date Published: 13th August 2009
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Author: Christopher M Davis, Attorney At Law RSS Views: N/A PRINT ASK ABOUT THIS ARTICLE
Putting a monetary value on any injury case is difficult, and it gets even more complicated when dealing injuries a child may have sustained in a dog attack. One of the issues to consider is when to start the litigation or settlement process. Although many attorneys believe a case should not settle until the person obtains maximum improvement from the injury, it may not be prudent in the case of dog bite to a child. Sometimes it may take many years before a child's condition may become fixed and stable, but there may be a stronger need to recover compensation to help fund the child's treatment expense or other special needs. Sometimes the child's injuries can resolve or even disappear over many years (like a significant scar), so waiting to resolve the claim can actually produce a lower settlement value. The time frame involved in settling a child's injury claim is really a judgment call by the child's parents, the attorney, and the Settlement Guardian ad Litem.


There is another reason to start the litigation and/or settlement process sooner in the case of an injured child. The child's young age may also provide a compelling basis for the jury or insurance company to determine a higher level of compensation. Simply put, a young child can often evoke more sympathy and concern among jurors than an adult. A jury may be much more willing to award higher compensation if they see how vulnerable the child was at the time of injury. If the settlement of the claim is delayed until the child reaches young adulthood then this compelling advantage may be lost.

In most instances the value of a dog bite case is driven primarily by the extent and severity of the person's injuries. The particular facts giving rise to the claim of liability against the dog owner may also have some influence. Other important factors to consider include the type, extent and frequency of past medical treatment and the need for future treatment. Other factors that may affect the value of a case include, but are not limited to, the victim's likeability and credibility, the extent and duration of the injuries, the victim's age, whether the victim missed time from work, the identities and reputations of the dog owner's insurance company and the defense attorney, the specific legal or evidentiary issues involved in the case, the county or venue where the case has been or will be filed, and the amount of settlements and verdicts for similar types of cases in the past.



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Seattle dog bite lawyer Christopher Davis represents dog bite attack victims who have suffered serious injuries, rabies, puncture wounds and scarring, emotional trauma and wrongful death as a result of the attack. As a resource for victims of any dog bites or animal attacks, Chris Davis wrote the book "When the Dog Bites" to provide legal advice for those in need.
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Source: http://www.articlealley.com/article_1032958_22.html
About the Author
Occupation: Attorney, Lawyer
Washington attorney Christopher Michael Davis has been representing individuals in accident cases and against insurance companies since 1994. In 2006, he was named a Rising Star Attorney by Washington Law & Politics magazine (this recognition is given only to the top 2.5% of lawyers age 40 and under in Washington State). In 2007, Washington Law & Politics named Mr. Davis a Super Lawyer (the top 5% of lawyers in Washington). Mr. Davis speaks at Continuing Legal Education seminars on topics related to personal injury. He teaches and instructs other lawyers in Washington State on topics such as jury selection, proving damages and developing winning trial techniques. Mr. Davis has been licensed to practice law in Washington State since 1993. He has obtained millions of dollars in verdicts and settlements for his clients. Mr. Davis is a member of numerous professional organizations, including the Washington State Trial Lawyers Association, American Association for Justice, and the North American Brain Injury Society. Learn more about Mr. Davis by visiting www.injurytriallawyer.com
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